(Public Pack)Agenda Document for Licensing Sub-Committee, 01/10
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b LICENSING SUB-COMMITTEE Date: Wednesday 1 October 2014 Time: 7.00 pm Venue: Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW Copies of agendas, reports, minutes and other attachments for the Council’s meetings are available on the Lambeth website. www.lambeth.gov.uk/moderngov Members of the Committee Councillor Michelle Agdomar, Councillor Matthew Bennett, Councillor Alex Bigham, Councillor Linda Bray, Councillor Claire Holland, Councillor Jennie Mosley, Councillor Amélie Treppass, Councillor Louise Nathanson, Councillor Max Deckers Dowber and Councillor Paul Gadsby Substitute Members Councillor Fred Cowell, Councillor Paul McGlone, Councillor Florence ESHALOMI (nee Nosegbe), Councillor Martin Tiedemann, Councillor Imogen Walker, Councillor Christopher Wellbelove, Councillor Andrew Wilson, Councillor Jane Edbrooke, Councillor Tim Briggs and Councillor Bernard Gentry Members Required for this meeting will be: AGDOMAR, HOLLAND and BIGHAM Further Information If you require any further information or have any queries please contact: Jacqueline Davy, Telephone: 020 7926 2167; Email: [email protected] Members of the public are welcome to attend this meeting and the Town Hall is fully accessible. If you have any specific needs please contact Facilities Management (020 7926 1010) in advance. Queries on reports: Please contact report authors prior to the meeting if you have questions on the reports or wish to inspect the background documents used. The contact details of the report author is shown on the front page of each report. @LBLdemocracy on Twitter http://twitter.com/LBLdemocracy or use #Lambeth Lambeth Council – Democracy Live on Facebook http://www.facebook.com/ AGENDA PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING Page Nos. 1. Election of Chair 2. Declaration of Pecuniary Interests Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer. 3. Minutes 1 - 22 To approve and sign the minutes of the hearing held on 9 September 2014 as a correct record of the proceedings. 4. Licensing Applications for the Grant / Review of a Premises 23 - 28 Licence (Report 65/14-15 and appendices) Strategic Director, Delivery Contact: Robert Gardner, Licensing Manager, 020 7926 6122 Email: [email protected] 4a) Top Save Supermarket, 37 Westow Hill, London SE19 1TQ 29 - 50 (Gipsy Hill Ward) 4b) Events Space, Windrush Square, Brixton Road, London SW2 51 - 82 1JQ (Coldharbour Ward) 4c) Brixton Night Market, Windrush Square, Brixton Road, London 83 - 150 SW2 1JQ (Coldharbour Ward) 4d) Vauxhall Skate, Vauxhall Pleasure Gardens, London SE11 5HY 151 - 204 (Prince's Ward) Digital engagement We encourage people to use Social Media and we normally tweet from most Council meetings. To get involved you can tweet us @LBLDemocracy. Audio/Visual Recording of meetings Everyone is welcome to record meetings of the Council and its Committees using whatever, non- disruptive, methods you think are suitable. If you have any questions about this please contact Democratic Services (members of the press please contact the Press Office). Please note that the Chair of the meeting has the discretion to halt any recording for a number of reasons including disruption caused by the filming or the nature of the business being conducted. Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis. Representation: Ward Councillors (details via the website www.lambeth.gov.uk or phone 020 7926 2131) may be contacted at their surgeries or through Party Group offices to represent your views to the Council: (Conservatives 020 7926 2213) (Labour 020 7926 1166). HEARING PROCEDURE FOR LICENSING SUB-COMMITTEE Full information on the procedure is sent to all parties to the hearing. The information below is a précis of that information. Parties to the hearing must notify Licensing Services within prescribed timescales (these vary according to the type of hearing) that they intend to attend and/or be represented at the hearing and whether any witnesses will be attending on their behalf. The hearing will operate as follows (subject to the discretion of the Chair) In the form of a discussion led by the Committee; cross examination will not normally be permitted. A total of 3 minutes speaking time is normally allowed for each party. Any preliminary points will be treated separately. Where there is more than one representation raising the same or similar grounds, those parties should consider nominating a single representative to address the Sub-Committee on their behalf at the hearing. Parties to the hearing may be permitted to ask questions of any other party or witness. Parties to the hearing may be required to answer specific questions from members of the committee seeking clarification of information. The typical order of the hearing will be as follows: 1. Chair will ask all parties and witnesses to introduce themselves and this should include a brief explanation of the purpose of their attendance. 2. Officers present the report. 3. Committee members ask questions of officers. 4. Applicant speaks. 5. Applicant's witnesses speak (with permission of Chair). 6. Committee members ask questions of applicants and their witnesses (only applies to witnesses who have been given permission to speak). 7. Other parties speak. 8. Other parties’ witnesses speak (with permission of Chair). 9. Committee members ask questions of the other parties to the hearing and their witnesses (only applies to witnesses who have been given permission to speak). 10. Applicant (with exception and with permission of Chair) asks questions of the other parties to the hearing and their witnesses. 11. Other parties to the hearing (with exception and with permission of Chair) ask questions of the applicant/other parties to the hearing and their witnesses. 12. Chair's closing remarks. 13. Committee retires to make their decision. 14. Legal adviser informs the hearing of any advice that they have given to the committee during the decision making process. 15. Committee announces decision and gives reasons. 16. After the hearing officers will write to all parties to confirm the committee's decision. This page is intentionally left blank Page 1 Agenda Item 3 L b LICENSING SUB-COMMITTEE Tuesday 9 September 2014 at 7.00 pm MINUTES PRESENT: Councillor Alex Bigham, Councillor Jennie Mosley and Councillor Andrew Wilson (Substitute) APOLOGIES: ALSO PRESENT: Action required by 1 ELECTION OF CHAIR On opening the meeting, it was announced that Councillor Amelie Treppass, who had been due to sit on the Sub-Committee and whose name was listed on the agenda papers, was unable to attend the meeting. Councillor Jennie Mosley would be sitting as a substitute. MOVED by Councillor Andrew Wilson, SECONDED by Councillor Jennie Mosley and: RESOLVED: That Councillor Alex Bigham be elected as Chair of the meeting. 2 DECLARATION OF PECUNIARY INTERESTS There were no declarations of pecuniary interest. 3 MINUTES RESOLVED: That the minutes of the previous meeting held on 12 August 2014 be approved and signed by the Chair as a correct record of the proceedings. Page 2 4 LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A PREMISES LICENCE 4a MEMON CENTRE, 3 WEIR ROAD, LONDON SW12 0LT (THORNTON WARD) Presentation by the Licensing Officer The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 8, 9 and 10 of the Statutory Guidance, and to Sections 4, 8, 16 and 19 of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 5.9 of the report on page 23. In response to questions from Members, the Licensing Officer confirmed: This was an application by Ms Maryam Tayub on behalf of the Memon Centre for regulated entertainment. Supply of alcohol was not being sought Seven representations had been received; these were included in the agenda pack and included objections from Licensing, Planning, Noise and residents The last date for representations was 14 May 2014. Between 21 and 23 May 2014, 85 emails were received in support of the premises but these were rejected as they were not made within the statutory timescales In 2011, a meeting was held with the Memon Centre manager, a police licensing officer and licensing officer to discuss regulated activities, entertainment and proposed events In August 2013, a warning letter was sent by Licensing to the premises regarding suspected licensable activity taking place without the benefit of a premises licence or temporary event notice (TEN) There was a history of noise complaints in respect of the premises and this was included in the pack There had been a request by the premises to defer the application, following which a 56 page bundle was submitted on 8 September. A further letter was then submitted on the day of the hearing. All additional paperwork had been circulated to the relevant parties A map and photographs of the premises were circulated. Presentation