Agenda Document for Licensing Sub-Committee, 27/05/2021 19:00

LICENSING SUB-COMMITTEE

Date: Thursday 27 May 2021

Time: 7.00 pm

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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 Fred Cowell, Councillor Martin Tiedemann, Councillor Linda Bray, Councillor Emma Nye, Councillor Irfan Mohammed, Councillor Rezina Chowdhury, Councillor Ibrahim Dogus, Councillor Pauline George, Councillor Becca Thackray and Councillor Philip Normal

Substitute Members

Councillor Joshua Lindsey, Councillor John Kazantzis, Councillor Jennie Mosley, Councillor Matthew Bennett, Councillor Andy Wilson, Councillor Danial Adilypour, Councillor Donatus Anyanwu, Councillor Claire Holland, Councillor Jon Davies, Councillor Liz Atkins, Councillor Marcia Cameron, Councillor Timothy Windle, Councillor Stephen Donnelly and Councillor Clair Wilcox

Members Required for this meeting will be: Councillor Fred Cowell, Councillor Rezina Chowdhury and Councillor Irfan Mohammed

Further Information

If you require any further information or have any queries please contact: Nazyer Choudhury, Telephone: 020 7926 0028; Email: [email protected]

Published on: Wednesday 19 May 2021

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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 Licensing Applications for the Grant / Review of a Premises 1 - 6 Licence

Strategic Director, Residents Services Contact: Bina Patel, Licensing Manager, 020 7926 4103 Email: [email protected]

3a Getir, Unit 21, Zennor Road Industrial Estate, London, SW12 7 - 56 0PS (Thornton)

3b Ritto's, 16 Clapham High Street, London, SW4 7UT (Larkhall) 57 - 108

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LICENSING SUB-COMMITTEE 27 MAY 2021

Licensing Application for the Grant of Premises License: 1. Getir, Unit 21, Zennor Road Industrial Estate, London, SW12 0PS (Thornton) 2. Ritto’s, 16 Clapham High Street, London, SW4 7UT (Larkhall)

Wards: Thornton and Larkhall

Portfolio: Deputy Leader of the Council (Jobs, Skills and Community Safety) Councillor Jacqui Dyer

Report Authorised by: Bayo Dosunmu: Strategic Director, Resident Services

Contact for enquiries: Tom Dunn, Licensing Officer, Public Protection and Regulatory Services, 020 7926 6141, [email protected]

EXECUTIVE SUMMARY

This report sets out details of applications for the variation of a premises licence on which representations have been submitted by interested parties.

RECOMMENDATION

That the application set out in the Appendix to this report be considered having regard to the Council's Licensing Policy, the Licensing Objectives and the representation(s) received.

CONSULTATION

Comments Date response Name of Directorate or Date sent to appear in received from consultee Organisation consultee report consultee (paragraph(s)) Legal and Jonathan Melnick 27.04.21 27.04.21 N/A Governance

REPORT HISTORY

Authorised by Date report drafted Report deadline Date report sent Executive Member 27.04.21 13.05.21 13.05.21

APPENDICES 1. Report for Getir, Unit 21, Zennor Road Industrial Estate, London, SW12 0PS (Thornton) 2. Report for Ritto’s, 16 Clapham High Street, London, SW4 7UT (Larkhall)

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1. CONTEXT

1.1 A licence from the Council is required for the supply of alcohol, and regulated entertainment.

1.2 A person (including a business) may make an application for a new Premises Licence or a variation to an existing Premises Licence. Where representations are received a Licensing Sub- Committee must consider the application. The Sub-Committee, when considering such applications, shall carry out its function under the Licensing Act 2003 with a view to the Council's Licensing Policy, Statutory Guidance and promoting the licensing objectives.

2. PROPOSAL AND REASONS

2.1 The Licensing Sub-Committee has responsibility for exercising the Council's powers in respect of the Licensing Act 2003. Determination by the Committee of the applications appended to this report is required because representation(s) to the application(s) have been received.

2.2 Details of the application(s) are set out in the Appendix to this report. All statutory consultation requirements have been complied with by the applicant(s) as set out in paragraph 3 below. The results of consultation are reported in the appendices relating to each application. Public notice has been given in accordance with the requirements of the Licensing Act 2003.

2.3 The applicants and persons making representations have been invited to attend the meeting.

2.4 The fees for premises and personal licences are prescribed within the Licensing Act 2003; in the case of Premises Licences, the fees are based on the business rate of the premises.

3. CONSULTATION REQUIREMENTS

3.1 The Licensing Act 2003 requires applicants for licences to consult and submit relevant documentation to the Responsible Authorities as follows:

a. Fire Authority; b. Health & Safety Section; c. Noise Service; d. Police; e. Social Services; f. Town Planning; and, g. Trading Standards.

3.2 Applicants are also required to advertise the application by displaying public notices on or near the premises and by advertising the application in a local newspaper available in the vicinity of premises. An applicant’s’ failure to comply with all of the above consultation requirements would invalidate the application. All applications set out in the appendix of this report have complied with the consultation requirements.

4. FINANCE 4.1 There are no direct financial implications arising from this report.

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5. LEGAL AND DEMOCRACY

5.1 The licensing of premises for the supply of alcohol, regulated entertainment and late night refreshment fall within the provisions of the Licensing Act 2003.

5.2 When considering licence applications the Sub-Committee shall carry out its function with a view to the Council's Licensing Policy, Statutory Guidance and promoting the licensing objectives. The Licensing Objectives are:

a. the prevention of crime and disorder; b. Public safety; c. the prevention of public nuisance; and, d. the protection of children from harm.

5.3 The Sub-Committee must ensure that all licensing decisions have:

a. a direct relationship to the promotion of one or more of the 4 licensing objectives; b. regard to the statement of licensing policy; c. regard to the Secretary of State's Guidance; and, d. there must not be a 'blanket policy' to the extent that it is applied so rigidly that an exercise of discretion in each individual case is precluded.

Applications must be considered with regard to the principles of fair process and the Human Rights Act.

5.4 The purpose of Lambeth’s Statement of Licensing Policy is to make clear to applicants and relevant representatives the considerations that will be taken into account when determining applications. It is also intended to guide the Licensing Committee when considering licensing applications; however the Licensing Committee must consider each application on its own merit and only allow exceptions to its own policy where the circumstances of the application justify it.

5.5 Subject to both the Council's Statement of Licensing Policy and Statutory Guidance having been properly considered a Sub Committee may depart from them if there are good reasons for doing so. Full reasons must be given and Sub Committees should be aware that such departures could give rise to an appeal or judicial review.

5.6 The Statutory Guidance, Chapter 10, states that only necessary, proportionate conditions, which promote one or more of the licensing objectives, should be attached to the licence if it is granted (paragraph 10.11). The Licensing Authority may therefore only impose such conditions as are necessary to promote the licensing objectives arising out of the consideration of the representations (paragraph 10.11), and should avoid straying into undisputed areas (paragraph 9.24). Statutory Guidance also states that the pool of conditions that are supplied by the Secretary of State should not be applied universally irrespective of particular circumstances, but may be used as examples that can be tailored to suit individual premises and particular situations.

5.7 When considering an application for the variation of an existing licence only the variation is subject to determination. No changes can be made to a licence or the conditions attached unless they are subject to the variation application.

5.8 Members are advised that when considering applications to vary an existing licence the following options are available to them by virtue of the Licensing Act 2003, Part 3, Section 35, paragraphs 3 and 4.

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5.9 Where relevant representations are made, the authority must – having regard to the representations – take such steps (if any), as it considers necessary for the promotion of the licensing objectives. The steps are:

a. modify the conditions of the licence (conditions are deemed to be modified if any are altered, omitted or any new condition added); or, b. reject the whole or part of the application

If neither of these steps are taken, the application must be granted.

5.10 Members are advised that when considering applications for a new Premises Licence the following options are available to them by virtue of the Licensing Act 2003, Chapter 17, Part 3, Section 18 paragraph 4.

5.11 Where relevant representations are made, the authority must – having regard to the representations, take such steps (if any), as it considers necessary for the promotion of the licensing objectives. The steps are:

a. to grant the licence subject to: i. the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers necessary for the promotion of the licensing objectives, and ii. any condition which must under section 19, 20 or 21 be included in the licence; b. to exclude from the scope of the license any of the licensable activities to which the application relates; c. to refuse to specify a person in the licence as the premises supervisor; or, d. to reject the application.

5.12 When determining an application for a review of a premises licence members may take any of the following steps they consider necessary to promote the licensing objectives:

a. to modify the conditions of the licence; b. to exclude a licensable activity from the scope of the licence; c. to remove the designated premises supervisor; d. to suspend the licence for a period not exceeding three months; e. to revoke the licence; or, f. to take no action.

5.13 It is considered inappropriate for officers involved in the administration of applications to make recommendations. However officers from the Responsible Authorities may request conditions be imposed on a licence and make recommendations with regard to the licensing objectives.

5.14 In accordance with the provisions of Part 1 of Schedule 5 of the Act, where a Licensing Authority rejects an application for a new premises licence or refuses (in whole or in part) an application to vary a premises licence the applicant may appeal the decision.

5.15 Where the Licensing Authority grants an application for a new premises licence the premises licence holder can appeal any decision to impose conditions on the premises licence, to exclude a licensable activity from the scope of the premises licence or to refuse to specify a named individual as the Designated Premises Supervisor.

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5.16 Where a person who made relevant representations in relation to an application contends: that the licence should not have been granted; or that different or additional conditions should have been imposed on the licence; or that a licensable activity should have been excluded from the scope of the premises licence; or that the licensing authority should have refused to specify a named individual as the Designated Premises Supervisor, they may appeal the decision.

5.17 Appeals are to be made to a Magistrates’ Court within 21 days beginning with the date of notification of the decision. Further details are set out in the Act.

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Licensing Sub-

Committee Report

Item No: 1

Title of Report: Getir UK Limited Unit 21, Zennor Road Industrial Estate Zennor Road, London SW12 0PS 10 Zennor Road Industrial Estate Applicant: ZennorGetir UK Road Limited SW12 0PS London SW12 0PS Application Type: Premises Licence (new application)

Application Date: 26th February 2021

Ward: Thornton

Premises Type: Online Delivery Service

Policy Context: Lambeth Statement of Licensing Policy 2019 - 2024

Report Author: Mrs Sarah Williams

Contact Details: 020 7926 6164 [email protected]

Application This is an application for a Premises Licence (new application) Summary: authorising the following licensable activities: Sale by Retail of Alcohol (Off the Premises)

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Consultation Information: Comments Department(s) or Date Response Consulted (Y/N) summarized in report Organisation(s) Received (Y/N) Internal Health & Safety Section Y Noise Service Y 08.04.21 Y Social Services Y Licensing Service Y 08.04.21 Y Planning Y 09.3.21 N Trading Standards Y External Fire Authority Y Police Licensing Unit Y 08.04.21 Y Health Authority Y

Policy implications:

Licensing Objectives (chapter 5, pages 9 to 15 of the policy & Appendices 1-4, pages 41 to 45)

The Licensing Objectives engaged by this application are:  Prevention of Public Nuisance,  Prevention of Crime and Disorder  Public Safety  Protection of Children from Harm

Hours of sale and location (Policy 8, pages 28 to 29 & Appendix 5, pages 46 to 47)

The premises are operated as a delivery service of groceries and convenience items including alcohol.

Alcohol is proposed to be sold for consumption off the premises via an online platform and the premises are located in Thornton which according to the current Licensing Policy, Appendix 7 is an area generally deemed to be residential in nature. The Policy recommends the earliest start time of 11:00 hours and 23:00 hours as terminal hour on Monday to Sunday for premises of this kind in a residential area.

Note: The hours above are not absolute and are intended as a guide for applicants to consider when completing their operating schedules. Each application will be considered on its own merits. Applicants seeking hours later than those indicated in the Policy should provide detailed evidence as to why their application will not have a negative impact on the licensing objectives.

The current Licensing Policy refers to Delivery Services businesses at Policy 16 (erroneously marked as Policy 15), paragraph 22 and further guidance is set out at paragraphs 3.8 – 3.10 Page 9

and 10.50 of the s. 182 Revised Guidance (2018).

1. Application:

1.1 This is an application for a Premises Licence (new application) under section 17 of the Licensing Act 2003

1.2 The application is seeking authorisation for:

Sale by Retail of Alcohol (Off the premises) Monday - Sunday 00:00 - 00:00

1.3 It is proposed to open the premises (not to the public) on Monday to Sunday 00:00 - 00:00

A copy of the application is attached to this report as Annex A

A copy of the plan is attached to this report as Annex B

2. Representations: 2.1 Three representations were received against this application, from the Licensing Authority, Public Protection and Metropolitan Police Service.

2.2 The representations are based on all four licensing objectives. The objectors were of the view that should the application be granted, it will lead to a negative impact when deliveries are made from the premises, especially during unsocial hours and in the early hours of the morning.

2.3 Redacted copies of the representations were provided to the applicant and are attached to this report as Annex C.

2.4 The Licensing Authority has proposed conditions to be attached to the premises licence; these have yet to be agreed by the applicant. A consolidated list of the proposed conditions and those offered in the operating schedule have been attached to this report as Annex D.

2.5 The original last date for making representations was 26th March 2021. However, this application had an extended consultation period until 8th April 2021. This was due to a failed newspaper advert.

3. Current Licence: 3.1 The premises are currently not licensed.

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4. Background History:

4.1 The premises are operated as a delivery service of groceries and convenience items and include distributing supply of alcohol via an online platform/app known as Getir.

4.2 There has been no application for a Temporary Event Notice made in respect of the premises within the last 12 months.

4.3 The applicant Getir UK Limited has recently had a premises licence granted at Arch 196, Carlisle Lane, London, SE1 7LH on 30th March 2021. The full minutes and decision notice have been attached to this report as Annex E.

4.4 The premises are located in a large industrial estate with 28 individual units. Access to this estate on Zennor road is off Weir road.

5. Observations:

5.1 The parts of the Statutory Guidance (April 2018) which are particularly relevant to this application and the representations received are Chapters:

2 – The Licensing Objectives; 3 – Licensable Activities; 8 – Applications for Premises Licences; 9 –Determining Applications; 10 – Conditions Attached to Premises Licenses and Club Premises Certificates;

5.2 The parts of the Statement of Licensing Policy that are particularly relevant to this application and the representations are Sections:

Chapter 5. The Licensing Objectives Policy 1. Process for Applications Policy 8. Hours of sale and locations Policy 16: Delivery Services (note. erroneously marked as Policy 15) Appendix 1 – Measures to promote the prevention of crime & disorder Appendix 2 – Measures to promote public safety Appendix 3 – Measure to promote public nuisance Appendix 5 – Types of premises and recommended hours by type of location Appendix 6 – Types of premises and potential impact

6. Conclusion:

6.1 Members are required to consider the application in light of all the relevant information, and if approval is given, may attach such conditions appropriate to promote the licensing objectives.

6.2 The options available to Members of the Licensing Sub Committee are;

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1 – Grant the application as it currently stands.

2 – Grant the application subject to such conditions as the authority considers necessary for the promotion of the licensing objectives.

3 – Exclude from the scope of the licence any of the licensable activities to which the application relates.

4 - To refuse to specify the individual named in the applications as the DPS

5 – Reject the application.

Appendices: Annex A – Application form with supporting information Annex B – Proposed Plan Annex C – Representations Annex D – Consolidated list of conditions Annex E – Licensing Sub Committee 30.3.21 - Minutes and Decision

Reference Documents:

Local Government Act 1 The Licensing Act 2003 (“the Act”) 1972 – Access to information documents 2 Amended Guidance issued under Section 182 of the Licensing used in the preparation of Act 2003 (April 2018) (“the Guidance”) this report 3 Lambeth Statement of Licensing Policy 2019 - 2024 (“the Policy”)

This page is intentionally left blank Lambeth Council Page 13 Lambeth Council, P.O. Box 734, Winchester, S023 5DG Annex A - Application Ref: DSFX1614280253645 T: 020 7926 1000 E: [email protected]

New Premises Licence

Premises Details

UNIT 21, ZENNOR ROAD INDUSTRIAL ESTATE ZENNOR Premises Address * ROAD LONDON LAMBETH SW12 0PS

Telephone number at premises (if any)

Non-domestic value of premises. * £ 25332

Applicant Details

I/We apply for a premises licence under section 17 of the Licensing Act 2003 for the premises described in Part 1 below (the premises) and I/we are making this application to you as the relevant licensing authority in accordance with section 12 of the Licensing Act 2003.

Please state whether you are applying for a premises licence a person other than an individual -as a limited company/ as: limited liability partnership

Applicant Details

If you are applying as a person described in one of the above I am carrying on or proposing to carry on a business which please confirm: * involves the use of the premises for licensable activities; or

1 Page 14 Ref: DSFX1614280253645

Other Applicant (Non Individual)

Name * Getir UK Limited

Registered Address * Fieldfisher

Riverbank House

2 Swan Lane

Town/City * London

County

Postcode * EC4R 3TT

Registered Number (where applicable) 12548945

Description of applicant (for example partnership, company, Private Limited Company unincorporated association, etc) *

Telephone Number

Email *

Operating Schedule

When do you want the premises licence to start? * 26/03/2021

If you wish the licence to be valid only for a limited period, when do you want it to end?

Delivery service of groceries & conveniences items including Please give a general description of the premises. * alcohol

If 5,000 or more people are expected to attend the premises at any one time, please state the number expected to attend.

2 Page 15 Ref: DSFX1614280253645

Operating Schedule

What licensable activities do you intend to carry on from the premises? * (Please see sections 1 and 14 of the Licensing Act 2003 and Schedules 1 and 2 to the Licensing Act 2003)

Provision of regulated entertainment (please read guidance note 2) *

Plays

Films

Indoor Sporting Events

Boxing or Wrestling

Live Music

Recorded Music

Performances of Dance

Anything of a similar description falling under Music or Dance

Provision of late night refreshment

✓ Supply of Alcohol

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Supply of Alcohol Standard Times

Standard days and timings, where you intend to use the premises for the supply of alcohol. (please read guidance note 7)* Please enter times in 24hr format (HH:MM)

Day * Every Day

00:00

Supply of Alcohol

Will the supply of alcohol be for consumptionon premises or Off the premises off premises or both? (please read guidance note 8) *

***PLEASE NOTE - THESE ARE OPERATIONAL HOURS State any seasonal variations for the supply of alcohol. ONLY - THERE WILL BE NO PUBLIC ACCESS TO THE (please read guidance note 5) PREMISES***

Please state any non-standard timings, where you intend ***PLEASE NOTE - THESE ARE OPERATIONAL HOURS to use the premises for the supply of alcoholat different ONLY - THERE WILL BE NO PUBLIC ACCESS TO THE times from the Standard days and times listed?(please read PREMISES*** guidance note 6)

4 Page 17 Ref: DSFX1614280253645

Designated Premises Supervisor

State the name and details of the individual whom you wish to specify on the licence as designated premises supervisor (Please see declaration about the entitlement to work in the checklist at the end of the form)

Title * Miss

First name * Sofia Angelova

Surname * Koleva

Street address *

Town/City *

County

Postcode *

Personal Licence Number (if known)

Issuing Licensing Authority (if known)

Adult Entertainment

Please highlight any adult entertainment or services, activities, other entertainment or matters ancillary to the use N/A of the premises that may give rise to concern in respect of children (please read guidance note 9).

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Opening Hours Standard Times

Standard days and timings, where the premises are open to the public. (please read guidance note 7) * Please enter times in 24hr format (HH:MM)

Day * Every Day

00:00

Opening Hours

***PLEASE NOTE - THESE ARE OPERATIONAL HOURS State any seasonal variations. (please read guidance note 5) ONLY - THERE WILL BE NO PUBLIC ACCESS TO THE PREMISES***

Please state any Non-standard timings, where you intend the ***PLEASE NOTE - THESE ARE OPERATIONAL HOURS premises to be open to the public at different times from the ONLY - THERE WILL BE NO PUBLIC ACCESS TO THE Standard days and times listed? (please read guidance note PREMISES*** 6)

Licensing Objectives

Describe any additional steps you intend to take to promote the four licensing objectives as a result of the proposed variation: a) General - all four licensing objectives (b, c, d and e) Please see attached Conditions (please read guidance note 10) b) The prevention of crime and disorder Please see attached Conditions c) Public safety Please see attached Conditions d) The prevention of public nuisance Please see attached Conditions e) The protection of children from harm Please see attached Conditions

Declarations

Declaration Type * Sole Applicant - Individual or Other

6 Page 19 Ref: DSFX1614280253645

Declarations

I have uploaded a copy of the plan of the premises. I have uploaded a copy of the consent form completed by the individual I wish to be designated premises supervisor, if applicable. I understand I must now advertise my application. I understand that if I do not comply with the above requirements my application will be rejected. Applicable to all individual applicants, including those in partnership which is not a limited liability partnership, but not companies or limited liability partnerships I have included documents demonstrating my entitlement to work in the United Kingdom (please read note 15)

IT IS AN OFFENCE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION. THOSE WHO MAKE A FALSE STATEMENT MAY BE LIABLE ON SUMMARY CONVICTION TO A FINE OF ANY AMOUNT' 'IT IS AN OFFENCE UNDER SECTION 24B OF THE IMMIGRATION ACT 1971 FOR A PERSON TO WORK WHEN THEY KNOW, OR HAVE REASONABLE CAUSE TO BELIEVE, THAT THEY ARE DISQUALIFIED FROM DOING SO BY REASON OF THEIR IMMIGRATION STATUS. THOSE WHO EMPLOY AN ADULT WITHOUT LEAVE OR WHO IS SUBJECT TO CONDITIONS AS TO EMPLOYMENT WILL BE LIABLE TO A CIVIL PENALTY UNDER SECTION 15 OF THE IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 AND PURSUANT TO SECTION 21 OF THE SAME ACT, WILL BE COMMITTING AN OFFENCE WHERE THEY DO SO IN THE KNOWLEDGE, OR WITH REASONABLE CAUSE TO BELIEVE, THAT THE EMPLOYEE IS DISQUALIFIED.

Signature/Declaration of applicant or applicant's solicitor or other duly authorised agent (see Guidance Note 11 & 12). If signing/applying on behalf of the applicant, please state your name and in what capacity you are authorised to sign/apply. When submitting an on-line application form the 'Declaration made' checkbox must be selected.

I understand I am not entitled to be issued with a licence if I do not have the entitlement to live and work in the UK (or ✓ if I am subject to a condition preventing me from doing work relating to the carrying on of a licensable activity) and that my licence will become invalid if I cease to be entitled to live and work in the UK (please read guidance note 15).

The DPS named in this application form is entitled to work in the UK (and is not subject to conditions preventing him ✓ or her from doing work relating to a licensable activity) and I have seen a copy of his or her proof of entitlement to work, if appropriate (please see note 15).

Full Name * Chris Nixon

Date * 25/02/2021

Capacity * Authorised Agent

✓ Declaration made

Do you wish to provide alternative correspondence details? * Yes

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Alternative Correspondence

Please provide Contact Name and postal address for correspondence associated with this application.

Title Mr

First name Chris

Surname Nixon

Street address *

Town/City* 1- County

Postcode*

Telephone Number

Email*

Email confirmation

On submission an email confirmation will be sent using the details below

Forename Chris

Surname /Company Name Nixon

Email*

Telephone

8 Page 21

Getir UK Limited Premises Licence Conditions a) General – all four licensing objectives (b, c, d and e) • Consideration of the London Borough of Lambeth Council Licensing policy has been carried out to ensure the promotion of the four licensing objectives with particular regard to core hours policy • No members of the public will be allowed on the premises • Drivers will await deliveries by waiting in an internal section of the premises until such time as a delivery is ordered. Staff on site will ensure that no excessive noise is created by the drivers when leaving, entering or smoking outside the Premises • Deliveries will only be made using electric or non-motorised vehicles, when a delivery vehicle is utilised b) The prevention of crime and disorder • A camera CCTV system is in place on the premises • The CCTV system shall continuously record whilst the premises is open for licensable activities. All recordings will be stored for a minimum of 31 days and can be accessed and downloaded immediately when requested by the police or other authorised officer • There will always be at least one person present whilst the premises is open who is able to operate and download images from the CCTV • An incident log shall be kept at the premises, and made available on request to the police or an authorised officer, which will record the following: • All crimes reported to the venue • Any complaints received • Any incidents of disorder • Any faults in the CCTV system • Any visit by a relevant authority or emergency service • All ejections of patrons • All seizures of drugs or offensive weapons • Any refusal of the sale of alcohol c) Public safety • The premises will be maintained in a safe manner at all times • All exits will be kept unobstructed, easy to open and clearly signed

d) The prevention of public nuisance • Notices will be displayed asking staff to leave the premises quietly and to have respect for local residents • Delivery of alcohol will be refused whereby the driver considers the person receiving the delivery to be under the influence of alcohol or drugs • Details of customer orders shall be retained for a period of 6 months and will be made available on request to the police or an authorised officer • Delivery drivers shall conduct the delivery in a manner that will not cause a noise disturbance to the occupiers of any residential properties surrounding the delivery address. This includes the avoidance of slamming doors, playing loud music, shouting, overrevving engines and sounding horns to signal their arrival • All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises

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e) The protection of children from harm • The company website/app will request confirmation of age on order booking, when an order for alcohol is made • All staff to be trained in the prevention of underage sales to a level commensurate with their duties. All such training to be updated as necessary, for instance when legislation changes. The training should be clearly documented and signed and dated by both the trainer and the member of staff receiving it. The documentation shall be available for inspection on request by an authorised officer of the Licensing Authority or a constable. • An approved proof of age scheme shall be adopted, implemented and advertised on all websites and materials associated with the premises such as “Challenge 25” whereby an accepted form of photographic identification shall be requested before any alcohol is sold to any person who appears to be under 25 years of age. Acceptable proof of age shall include identification bearing the customers photograph, date of birth and integral holographic mark or security measure. Suitable means of identification would include PASS approved proof of age card, photo-card driving licence, military identification card and passport. • A log shall be kept at the premises to record all refused sales of alcohol for the reasons that the person(s) is/are or appear(s) to be under 18 years of age. The log shall record the date and time of the refusal and the name of the member of staff who refused the sale. The log will be available on request by the police or an authorised officer of the Council. The log shall be checked on a regular basis by the DPS to ensure that is being used by the staff and each check shall be recorded in the log

10 Page 23 This page is intentionally left blank Page 25 Annex C – Representations

Lambeth Licensing Authority 3rd Floor, 3rd Floor, Civic Centre Civic Centre 6 Brixton Hill, 6 Brixton Hill, London, London SW2 1EG SW2 1EG Telephone: 0208 649 2456 Email: asmailbox – [email protected] Monday 7th April 2021

Miss Bina Patel Licensing Manager Lambeth Borough Council

NEW PREMISES LICENCE APPLICATION – GETIR UK LTD, Unit 21 Zennor Road Industrial Estate Zennor Road

Dear Miss Patel,

I am a Police Constable employed in the role of Licensing Officer for the Metropolitan Police Service, Lambeth Borough. I am authorized by a delegation given by the Commissioner to act on her behalf in all matters pertaining to the Licensing Act 2003.

The Metropolitan Police Service (MPS) objects to an application made by Getir LTD on 26/02/2021 for a NEW PREMISES LICENCE APPLICATION.

The MPS does not believe that the application sufficiently demonstrates how the licensing objectives will be promoted in relation to the following;

 Prevention of crime and disorder

 The prevention of public nuisance

 Public safety

The applicant requests the following activities: SUPPLY OF ALCOHOL Everyday 0000 – 0000 Page 26

The application states that the premises will operate as a delivery service of groceries and convenience goods, which includes alcohol. The applicant has requested that alcohol be permitted to be delivered 24 hours daily and these hours requested are outside London Borough of Lambeth’s Statement of Licensing Policy 2019 – 2024 and it is believed that should the application be granted it would have a negative impact on the local community with the potential of crime and disorder and public nuisance. The MPS believe that if the application were to be granted at the hours requested it would encourage events such has house parties that may go into the early hours of the morning that may potentially cause ASB issues. The application fails to justify the need for alcohol to be provided 24 hours daily, it is recommended that should the new premises licence be granted it should be granted with the following operating hours for the supply of alcohol. The MPS are satisfied with the conditions proposed within the application.

Supply of alcohol

Everyday 0800 – 0000

This is deemed appropriate to the application and in the spirit of the Licensing Act 2003.

Yours sincerely,

Dave Watson – PC 1959AS MPS CENTRAL SOUTH BOCU Neighbourhood Policing - LICENSING & NIGHT TIME ECONOMY Page 27

Miss Bina Patel Licensing Manager London Borough Lambeth 08th April 2021

Dear Ms Patel

I write on behalf of the London Borough of Lambeth Public Protection Team regarding the new license application 21/00042/PRMNEW that has been made by:

Getir UK Limited Unit 21 Zennor Road Industrial Estate Zennor Road London SW12 0PS

The Public Protection Team request that you accept this as a formal representation against the above- mentioned new license application on the grounds of the following licensing objectives:

• The prevention of public nuisance.

Summary

Public Protection have concerns in relation to issuing a twenty-four hour off sales alcohol license to this premises, this is in contravention to London Borough of Lambeth’s Statement of Licensing Policy 2019 – 2024.

Public Protection believe that the twenty-four-hour provision of alcohol delivered direct to premises may encourage unlicensed music events and residential parties and enable such events to continue beyond reasonable hours, increasing attendees alcohol consumption and the risk of Noise and ASB.

The applicant has failed to explain why the twenty-four-hour provision of alcohol is needed and Public Protection believe that the granting of this license will have a detrimental effect on local communities.

Conclusion

Public Protection are of the view that this license application has not considered the recommended advice in relation to licensing hours in the Lambeth Licensing Policy, which in this situation are extremely relevant, therefore we are representing against this application.

Yours sincerely

Keith Badrick Public Protection Officer 1 Page 28

Getir UK Ltd - Unit 21, Zennor Road Industrial Estate, Zennor Road, London SW12 0PS (21/00042/PRMNEW)

As a responsible authority under section 13(4) of the Licensing Act 2003 as amended under the Police and Social Responsibility Act 2011, the Licensing Authority have considered your application in full. The Licensing Authority has concerns in relation to this application and how the premises would promote the following Licensing Objectives.

Prevention of Public Nuisance Protection of Children from Harm

The application seeks to permit: Sale by Retail of Alcohol (Off the premises) Monday - Sunday 00:00 – 00:00

The applicant has confirmed the premises shall not be open to members of the public and will be used for the distribution of alcohol and convenience goods via an online delivery service.

Classification of Area within the policy According to the current Licensing Policy, Appendix 5 page 54, the area in which the premises are located within the industrial estate is deemed as a residential area. Please see the map at Appendix A below showing the location of the premises (red pinpoint) and the surrounding roads, with a mix of both business and residential properties.

The Licensing Authority also believe it is reasonable to assume the premises will be delivering their alcoholic products to residential addresses. As such, this representation has regard to the premises being operational within residential areas and those hours deemed necessary for a residential area, as per the Licensing Policy should apply.

Proximity to residential accommodation is a general consideration with regard to the prevention of public nuisance. The Authority will treat each case on its individual merits, however, stricter conditions will generally be considered on premises licenses in areas that have denser levels of residential accommodation or residential accommodation in close proximity to them. According to the current Licensing Policy, Appendix 1 page 46, hours for which premises which provide off sales within a residential area are 11:00 to 23:00 hours Monday to Sunday.

Operating Schedule The premises are seeking sale of alcohol for consumption off the premises, but the premises are not likely to be associated with street drinking or be targeted by underage drinkers, as the premises are to be operated as delivery service of alcohol. The applicant has indicated there will be no customers allowed on the premises.

According to the current Licensing Policy, page 36, the Authority expects licence applications for delivery services that include the delivery of alcohol to take into account issues relating to reducing public nuisance related to delivery vehicles, ensuring the security of premises and delivery drivers, and protecting children by applying rigorous age checks at purchase point and at point of delivery. Page 29

This type of operation provides their own unique circumstances that need to be addressed. In particular the Authority has concerns with the following: • Age verification at both purchase point and delivery point; • The safety of delivery drivers at point of delivery; • Safety of the premises from which orders are taken and sent out for delivery; and • Possible public nuisance caused by delivery drivers collecting deliveries from the licensed premises.

Applicants are expected to include positive proposals in their application as to how they will manage any potential risks. They should be able to demonstrate an understanding of any measures they will take to mitigate the above impacts and why their application should be considered as an exception to the Licensing Policy.

Lambeth has seen an increase in delivery only applications due to the current Covid-19 pandemic, because of this there have been many applications received within this industrial estate on Zennor Road. We therefore expect additional conditions to be consider ensuring that the licensing objectives are promoted.

Conclusion

The applicant has proposed conditions in their operating schedule, but the hours sought are beyond those recommended in the Licensing Policy and are likely to impact adversely on residents in the area when deliveries are made from the premises, especially during unsocial hours and in the early hours of the morning.

Should the Committee be minded to grant the application, I recommend the application is granted with a reduction in hours to 08:00 - 23:00 and the below additional conditions are attached to the licence. These are in addition to those proposed by the applicant.

1. All staff including delivery drivers must be direct employees of the company and there shall be no third party delivery drivers.

2. Staff members packaging the order will make delivery staff aware that the order contains age restricted products. Any relevant software used will provide an automated pop up to notify the driver.

3. Details of the order (including the type, amount of alcohol, name, and address of the customer) must be accessible to any Police Constable or Local Authority Officer inspecting the order. Details of customer orders shall be retained for a period of 6 months.

4. All delivery orders shall be to a registered residential or business address. There shall be no deliveries to public/communal areas or open spaces.

5. Drivers must be instructed to abort delivery where that sale is believed to be a "street sale". All such instances will be recorded in the refusals/incidents log.

6. In all instances when a delivery is made, the person supplying age restricted goods must exercise the Challenge 25 Policy at the point of delivery. Where the recipient is believed to be under the age of 25, appropriate age verification identification must be obtained from the recipient to prove they are above the age of 18.

7. No members of the public will be allowed on the premises, or be permitted to collect their order from the premises. Page 30

8. The premises will operate as a delivery only business.

9. There shall be a dedicated area for delivery personnel to safely park their vehicle and collect the customer order

10. Orders containing alcohol may only be delivered between the hours 08:00 – 23:00.

11. All staff engage in the sale or supply of alcohol shall be trained in the prevention of underage sales, drunkenness and proxy sales before being allowed to sell or supply any alcohol. The training should be clearly documented and signed and dated by both the trainer and the member of staff receiving it. The documentation shall be available for inspection on request by an authorised officer of the Licensing Authority or a constable. All such training shall be updated as necessary, for instance when legislation changes.

12. The premises shall install and maintain a comprehensive CCTV system. All entry and exit points must be covered enabling frontal identification of every person entering in a light condition. The CCTV system shall continually record whilst the premises are open. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer of Lambeth Council.

13. A staff member from the premises who is conversant with the operation of the CCTV system must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested and within a maximum of 24 hours of the initial request

14. An incident log shall be kept at the premises and made available on request to an authorised officer of Lambeth Council or the Police. It must be completed within 24 hours of the incident and retained for a period of 12 months. The incident log shall record the following: (a) All crimes reported to the premises (b) Any complaints received, and the remedial actions taken (c) Any incidents of disorder (d) Any faults in the CCTV system (e) Any refusal of alcohol deliveries, the name of the member of staff or third party who refused the delivery (f) Any visit by a relevant authority or emergency service

15. The incident log shall be checked on a regular basis by the DPS to ensure that is being used by the staff and each check shall be recorded in the log

16. A Noise Management Policy shall be in place to ensure appropriate measures are in place to minimise noise and disturbance caused by the dispatch of deliveries and the deliveries themselves.

17. Website and all promotional materials should be designed and set out in a way which is consistent with the responsible retail of alcohol.

18. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22:00 hours and 08:00 hours on the following day. Page 31

Should the applicant be minded to agree to the reduced hours and the conditions proposed above, the authority will consider withdrawing its representation.

Tom Dunn Licensing Officer [email protected]

08/04/2021 Page 32

Appendix A Page 33

Annex D – Consolidated list of conditions

Applicants Operating Schedule

1. Consideration of the London Borough of Lambeth Council Licensing policy has been carried out to ensure the promotion of the four licensing objectives with particular regard to core hours policy 2. No members of the public will be allowed on the premises 3. Drivers will await deliveries by waiting in an internal section of the premises until such time as a delivery is ordered. Staff on site will ensure that no excessive noise is created by the drivers when leaving, entering or smoking outside the Premises 4. Deliveries will only be made using electric or non-motorised vehicles, when a delivery vehicle is utilised 5. A camera CCTV system is in place on the premises 6. The CCTV system shall continuously record whilst the premises is open for licensable activities. All recordings will be stored for a minimum of 31 days and can be accessed and downloaded immediately when requested by the police or other authorised officer 7. There will always be at least one person present whilst the premises is open who is able to operate and download images from the CCTV 8. An incident log shall be kept at the premises, and made available on request to the police or an authorised officer, which will record the following: • All crimes reported to the venue • Any complaints received • Any incidents of disorder • Any faults in the CCTV system • Any visit by a relevant authority or emergency service • All ejections of patrons • All seizures of drugs or offensive weapons • Any refusal of the sale of alcohol 9. The premises will be maintained in a safe manner at all times 10. All exits will be kept unobstructed, easy to open and clearly signed 11. Notices will be displayed asking staff to leave the premises quietly and to have respect for local residents 12. Delivery of alcohol will be refused whereby the driver considers the person receiving the delivery to be under the influence of alcohol or drugs 13. Details of customer orders shall be retained for a period of 6 months and will be made available on request to the police or an authorised officer 14. Delivery drivers shall conduct the delivery in a manner that will not cause a noise disturbance to the occupiers of any residential properties surrounding the delivery address. This includes the avoidance of slamming doors, playing loud music, shouting, overrevving engines and sounding horns to signal their arrival 15. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises 16. The company website/app will request confirmation of age on order booking, when an order for alcohol is made 17. All staff to be trained in the prevention of underage sales to a level commensurate with their duties. All such training to be updated as necessary, for instance when legislation changes. The training should be clearly documented and signed and dated by both the trainer and the Page 34

member of staff receiving it. The documentation shall be available for inspection on request by an authorised officer of the Licensing Authority or a constable. 18. An approved proof of age scheme shall be adopted, implemented and advertised on all websites and materials associated with the premises such as “Challenge 25” whereby an accepted form of photographic identification shall be requested before any alcohol is sold to any person who appears to be under 25 years of age. Acceptable proof of age shall include identification bearing the customers photograph, date of birth and integral holographic mark or security measure. Suitable means of identification would include PASS approved proof of age card, photo-card driving licence, military identification card and passport. 19. A log shall be kept at the premises to record all refused sales of alcohol for the reasons that the person(s) is/are or appear(s) to be under 18 years of age. The log shall record the date and time of the refusal and the name of the member of staff who refused the sale. The log will be available on request by the police or an authorised officer of the Council. The log shall be checked on a regular basis by the DPS to ensure that is being used by the staff and each check shall be recorded in the log

Proposed Licensing conditions;

These are in addition to those proposed by the applicant.

1. All staff including delivery drivers must be direct employees of the company and there shall be no third party delivery drivers.

2. Staff members packaging the order will make delivery staff aware that the order contains age restricted products. Any relevant software used will provide an automated pop up to notify the driver.

4. All delivery orders shall be to a registered residential or business address. There shall be no deliveries to public/communal areas or open spaces.

5. Drivers must be instructed to abort delivery where that sale is believed to be a "street sale". All such instances will be recorded in the refusals/incidents log.

7. No members of the public will be allowed on the premises, or be permitted to collect their order from the premises.

8. The premises will operate as a delivery only business.

9. There shall be a dedicated area for delivery personnel to safely park their vehicle and collect the customer order

10. Orders containing alcohol may only be delivered between the hours 08:00 – 23:00. Page 35

(a) All crimes reported to the premises

(b) Any complaints received, and the remedial actions taken

(d) Any faults in the CCTV system

(e) Any refusal of alcohol deliveries, the name of the member of staff or third party who refused the delivery

(f) Any visit by a relevant authority or emergency service

15. The incident log shall be checked on a regular basis by the DPS to ensure that is being used by the staff and each check shall be recorded in the log

16. A Noise Management Policy shall be in place to ensure appropriate measures are in place to minimise noise and disturbance caused by the dispatch of deliveries and the deliveries themselves.

17. Website and all promotional materials should be designed and set out in a way which is consistent with the responsible retail of alcohol.

18. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22:00 hours and 08:00 hours on the following day. This page is intentionally left blank Annex E – Licensing Sub CommitteePage 37 30.3.21 - Minutes and Decision

Licensing Sub-Committee 30th March 2021

Notice of decision

Application reference: 21/00008/PRMNEW – Prem2419 Application type: Premises Licence (new application) Applicant(s) name: Getir UK Limited Premises: Getir UK, Arch 196, Carlisle Lane, London SE1 7LH Summary of decision: Granted with conditions Decision details:

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 2, 3, 8, 9, and 10 of the Statutory Guidance, and to Chapter 5 (policies 1 and 8) 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 paragraphs 6.2 of the report on page 27 of the agenda papers.

The Licensing Officer confirmed:

• This was an application for the sale of alcohol for consumption off the premises from 08:00 to 00:00, Monday to Sunday.

• The premises would be open 24-hours a day, but not to members of the public.

• The representations received against application were from Licensing and three members of the public.

• There were additional submissions from the applicant including a response to the alleged breach of a Temporary Event Notice on 9 February 2021.

• Details of the application could be found on pages 29-38 of the agenda papers.

• The plan could be found on page 39 of the agenda papers.

• Representations could be found on pages 41-54 of the agenda

Page 1 Page 38

papers.

• There were two representations that had been submitted that were not on the agenda papers. These had been sent to the applicant and following discussion, the applicant agreed to proceed with the meeting as scheduled.

Presentation by the applicant

Mr Chris Nixon and Ms Sana Warriach representing the applicant, informed the Sub-Committee that:

• The business was an online retailer dealing primarily with anything one could find in a supermarket.

• Deliveries would be made from select warehouses.

• The business had other licensed premises in London and was a deliverer of consumer items largely containing anything that one could find in your local supermarket.

• The business to did not have any provision for late night refreshment - just consumer items.

• The sales were completed by a bespoke app which was owned and operated by the business.

• The units are serviced by the business’ own staff which hired its own delivery and operation staff.

• The business had originally applied for a 24-hour licence, but had decided to reduce the hours of operation following mediation with Police and Licensing so that the hours for licensable activity sought were from 8:00 - 00:00.

• In relation to the breach of a temporary event notice on 9 February 2021, the business was apologetic about this.

• The applicant was ‘mortified’ and ‘embarrassed’ as despite safeguards having been put in place, a sale of alcohol had occurred unexpectedly.

Page 2 Page 39

• The applicant wished to be up-front in addressing the issue and to apologise for it.

• The issue occurred as a result of a ‘perfect storm’ of human and technological error.

• The applicant was taking the issue very seriously and had performed a thorough investigation of every order from the website since it had gone live.

• The electronic system in place for sales worked in most cases. There had been one instance where the system had placed an order for sale of alcohol when it should not have done so.

• The Licensing policy did not adequately deal with the operations that the premises would undertake namely operating alcohol deliveries only with no visitation from members of the public attending.

• The business employed its own delivery drivers and did not use third-party or part-time delivery drivers.

• The business hired all its delivery drivers and had full control over both their training and employment.

• The business had site managers and the delivery drivers used e- scooters and non-motorised vehicles to make the deliveries. The applicant was committed to this and had gone to a great expense in providing those facilities in order to reduce noise nuisance.

• The business had interior waiting areas for staff to wait until an order was placed. The area was overseen by site managers who would be committed to the conditions of the licence.

• The operation of the premises would be better, more accountable and of better service to the local community with a licence.

• The Sub-Committee was invited to grant the application.

In response to questions from Members, Mr Nixon and Ms Sana Warriach representing the applicant, informed the Sub-Committee that:

Page 3 Page 40

• Effort had been made by the applicant to address the issue of potential breaches of the premises licence.

• The process had been reviewed in its entirety including the technological facilities and staff training.

• All preventative measures had been taken, such as alcohol being physically removed from the stock during the hours where licensable activity was not to take place.

• Areas where alcohol would be stocked would be sectioned off against the other products at the premises.

• During the hours of non-licensable activity, staff would not be able to get hold of any alcohol.

• The issue that had occurred would not happen again.

• There would be no more than 15 members of delivery staff at any one time and would only reach as many as 15 to accommodate the busy hours of 17:00–21: 00.

• The applicant would be open for the Sub-Committee to grant the application with the condition of a maximum of 15 delivery staff. This was also the maximum capacity in the waiting area and amount of vehicles.

• Delivery staff members working late at night would be no more than two to three drivers.

• If the Sub-Committee wished to put a condition on the licence regarding the delivery of stock, then the applicant would agree to a limit on the delivery of stock to the premises between the hours of 23:00- 07:00.

• Delivery staff were contracted to ensure due diligence when making any deliveries and were trained to spot false identification documents and the Challenge 25 policy.

• Delivery staff were employed on a full-time and part-time basis.

Page 4 Page 41

They worked 40 and 20 hours respectively.

• The business did not employ staff members with zero-hour contracts.

• The applicant would agree to a condition whereby condition 20 would be edited to ensure that deliveries would be made to a named individual inside a business or a private residence.

• When ordering from the website, the customer would have to identify a physical address in any case. The minimum order was a spend of £10.00 and the type of vehicle used to make the delivery to the address would be dependent on the health and safety of the delivery driver.

• The applicant would agree to a condition whereby all items sold would be kept on record two months after the sale had been made.

• The applicant took community consultation and engagement very seriously and was regretful of some of the issues that residents had suffered from in the past.

• A commitment would be made whereby a telephone number would be displayed on the premises that would be visible to members of the public said that they would be able to contact the site manager if there were any issues, Queries or concerns that they had.

• The applicant would always listen to residents.

• The staff are to use non-motorised vehicles, would have an internal waiting area for delivery staff and there was a process for the prevention of noise of staff members who were arriving at or departing from a delivery. All of the regulations by which employees had to act were part of the employment contract.

• The applicant had gone to considerable expense and effort to put in place systems to ensure that the licensing objectives would be upheld and therefore the application was different to other delivery companies.

• The applicant had already agreed to a condition whereby the

Page 5 Page 42

premises would stay a delivery only business.

• The applicant would monitor complaints via an incident log and if complaints were received, the site manager would be notified and could be contacted directly.

• All drivers would employ the Challenge 25 policy. If the delivery recipient looked under 25, then appropriate age verification methods would be used to ensure that the recipient was over the age of 18.

Presentation by interested parties

Ms Sarah Williams, Licensing Officer, informed the Sub-Committee that:

• There had been mediation between Licensing and the applicant since the report was published.

• There was a sale of alcohol made on 9 February 2021 which was unlicensed.

• She had no confidence that the applicant would be able to uphold the licensing objectives.

• It was unclear if the mobile app used by the business could be bypassed in some way.

• It was unclear if sales of alcohol could be included by accident during an unlicensed period or some other technological issues.

• Further assurances from the applicant was required, otherwise she would recommend that the application be refused.

In response to questions from Members, Ms Williams informed the Sub- Committee that:

• The hours of employment of staff would be relevant on the basis of the hours of licensable activity.

• It was unclear how the technical glitch had occurred at the business and assurances were required on if it was possible for staff

Page 6 Page 43

members to perhaps bypass the application.

• There may be a risk of other products being accidentally categorised or miscategorised.

• It was difficult to monitor the premises activity in order to ensure the licensing objectives were being upheld.

At this point in the proceedings, in response to questions from Members, Mr Nixon and Ms Wariach informed the Sub-Committee that the technical glitch had occurred as a result of staff attempting to take stock of items at the premises. During that period of time, an alcoholic item became available for sale. It was a small window during which the order could have been placed and that was what happened. There would no longer be alcohol in stock until an order was placed for it. The applicant was unable to predict the future but could do as much as possible to uphold the licensing objectives. Furthermore, internal test purchasing could be carried out and records of all deliveries made could be held at the premises. In relation to how customer information was registered, once a customer account was created, a physical address had to be nominated and when an order was made, the delivery was carried out by the nearest warehouse. The operation would then be assigned, the order prepared and finally given to the driver. The driver then attends the address to make the delivery and ensures the age verification process when the delivery was made.

Mr Matthew Dunwell, resident, informed the Sub-Committee that:

• He had read the Licensing policy and took it very seriously.

• Section 5.7 of the policy referred to canvassing views of residents to develop a relationship between them before an application was made and paragraph 22.1 discussed the increase about food delivery services including alcohol delivery and he was surprised that the applicant felt that this did not appear to apply to the business.

• Given the way the application had been handled, it was unclear if the policy was important or if parts of it could be discarded very easily by the applicant.

• The applicant’s response had not addressed the issue of a lack of

Page 7 Page 44

consultation with residents.

• He wanted to thank Councillor George regarding her question about the breach of the temporary event notice.

• It was important to have committed consultation. It was unclear how important the applicants felt that the Licensing policy was.

• The applicant had stated in the response that he had sought to test the applicant. It was unfair to draw such a conclusion on his representation.

• The applicant had said that the issue was not the fact that the applicant had sold alcohol. However, this was what had occurred. The applicant had sold alcohol without a licence.

• The number of vehicles that could be parked at the premises was nine. Any more vehicles would mean that drivers will be using resident parking bays.

• Whilst the restriction of the hours and age restriction checks were welcome, it was unclear why very little had been put in place for noise nuisance.

Mr Ms Sophie Honey, resident, informed the Sub-Committee that:

• She supported the above points. She had a similar view of the Licensing policy and was concerned that no consultation had been made before the application was submitted, especially given the 24-hour proposal put forward by the applicant.

• The prevention of public nuisance was a key objective of the Licensing policy and given the lack of consultation and for taking up of resident parking bays, there could be a cumulative impact from other licensed premises operating in the same way.

• The number of hours operated by the applicant would likely cause disturbance to local residents.

• She did not feel confident that the applicant would not breach conditions given that they had a record for doing so.

Page 8 Page 45

In response to questions from Members, Mr Dunwell and Ms Honey informed the Sub-Committee that:

• It was important for the applicant to be able to consult with residents to understand local area and the local concerns.

• Once the notices had been submitted and put up, the application had already been made.

• Residents had not been contacted on having a discussion with the applicant.

• There was a lack of confidence that the issues raised by the application would be addressed in a collaborative way and would have a long-term impact on the local community.

The Legal Advisor restated a point made by the Licensing Officer during the introduction to the item that the applicant had received the representations made by residents at a late stage in the process and that this may have had a bearing on the level of engagement that might have otherwise been expected.

In response to further questions from Members, Mr Dunwell and Ms Honey informed the Sub-Committee that:

• It was important that the applicant was not able to use Deliveroo or another similar business to make deliveries at a future date.

• The ordinary hours of operation were 11:00 to 23:00. It was unclear why Licensing had agreed to 08:00 to 00:00.

• A terminal hour of 23:00 was acceptable.

• More time should be given for the applicant to be able to work and reach an agreement between all parties.

Page 9 Page 46

• It was not fair that the applicant would take up resident parking space to park vehicles and they should only employ the maximum number of drivers for whom they had parking space.

• The sale of alcohol during the late hours would have an effect on the public nuisance in the area.

• The applicant had the option to withdraw the application and simply sell non-alcoholic goods on a 24-hour basis.

The applicant was recalled to address matters arising. In response to questions from Members, Mr Nixon and Ms Warriach informed the Sub- Committee that:

• The total number of drivers would be 15 at peak times which were between 17:00 to 21:00. In the late hours the number of drivers would reduce to two or three.

• In relation to the consultation, there was a statutory period in the Licensing Act (2003) which gave the applicant 28 days to consult with residents.

• The applicant would agree to a condition whereby the maximum number of drivers would be limited to 15 at one time and that delivery drivers must exclusively be employed by the business.

• The business could accommodate 15 drivers as the business had access to parking on the outside and interior of the premises.

• The applicant and had already made a large concession in not selling alcohol 24-hours a day but could not agree to a terminal hour of 23:00 as the hours proposed by the applicant my already more than reasonable.

• The applicant would agree to a condition whereby stock would not be taken into the premises between the hours of 23:00 to 07:00 (or even 05:00).

• The applicant would agree to a condition whereby deliveries could only be made to a named individual inside the premises and that

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any deliveries made would be kept on file two months after the sale.

• The applicant would agree to the removal of condition 6 concerning disorder and ejection of patrons.

• The applicant would have no objection to a minimum purchase of £10.00 per order, but this was for all goods sold. Not simply for alcoholic goods.

Ms Williams informed the Sub-Committee that she agreed to the proposed conditions.

Adjournment and Decision

At 8:43pm, the Sub-Committee withdrew from the meeting together with the Legal Advisor and Clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke. Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub- Committee decided to grant the application subject to the conditions. RESOLVED: To grant the application subject to conditions.

Announcement of Decision Members returned to the meeting and the Chair informed those present of the decision to grant the application with conditions as outlined out in additional papers and agreed at the meeting between all parties. After having heard all the representations, the Sub-Committee felt that it was confident in being able to grant a licence which stepped outside the hours as outlined in the Licensing policy.

Date of issue: 27th April 2021

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Appeal information

If you wish to appeal a decision made by the Licensing Sub-Committee you must give written notice of appeal, within the period of 21 days beginning with the day on which you were notified by the licensing authority of the decision you wish to appeal, to:

The Appeals Officer Croydon Magistrates' Court Barclay Road London CR9 3NG

Please note that there is no power to extend the time limit for an appeal.

On appeal a magistrates’ court may: • Dismiss the appeal; • Substitute for the decision appealed against any other decision which could have been made by the licensing authority; • Remit the case to the licensing authority to dispose of in accordance with the direction of the court.

The court has wide discretion and may make such order to costs as it thinks fit.

The table below sets out each party’s entitlement to appeal a decision:

Appeal entitlement: Application for a premises licence Nature of decision Applicant’s appeal rights Other parties appeal rights Persons who made relevant The applicant may appeal against representations in relation to the any decision to impose conditions application may appeal against on the licence, or to exclude To grant the application the decision, to contend that the licensable activities, or to refuse to licence ought not to have been specify a person as premises granted or that different conditions supervisor. or steps should have been taken. The applicant may appeal against To reject the application - the rejection of the application.

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LICENSING SUB-COMMITTEE MINUTES

Tuesday 30 March 2021 at 7.00 pm Microsoft Teams

Present: Councillor Martin Tiedemann, Councillor Joshua Lindsey and Councillor Pauline George

Apologies:

1 ELECTION OF CHAIR MOVED by Councillor Joshua Lindsey, SECONDED by Councillor Pauline George RESOLVED: That Councillor Martin Tiedemann be elected as Chair for the meeting.

2 DECLARATION OF PECUNIARY INTERESTS None were declared.

3 MINUTES

RESOLVED: That the minutes of the previous meetings held on 2 February 2021 and 2 March 2021 be approved and signed by the Chair as a correct record of the proceedings.

4 LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A PREMISES LICENCE

4a GETIR UK, ARCH 196 CARLISLE LANE, LONDON, SE1 7LH (BISHOP'S)

The Licensing Officer confirmed:

 This was an application for the sale of alcohol for consumption off the premises from 20:00 to 00:00, Monday to Sunday.

 The premises would be open 24-hours a day, but not to members of the public.

 The representations received against application were from Licensing and three members of the public.

 There were additional submissions from the applicant including a response to the alleged breach of a Temporary Event Notice on 9 February 2021.

 Details of the application could be found on pages 29-38 of the agenda papers.

 The plan could be found on page 39 of the agenda papers.

 Representations could be found on pages 41-54 of the agenda papers.

 There were two representations that had been submitted that were not on the agenda papers. These had been sent to the applicant and following discussion, the applicant agreed to proceed with the meeting as scheduled.

Presentation by the applicant Mr Chris Nixon and Ms Sana Warriach representing the applicant, informed the Sub- Committee that:

 The business was an online retailer dealing primarily with anything one could find in a supermarket.

 Deliveries would be made from select warehouses.

 The business had other licensed premises in London and was a deliverer of consumer items largely containing anything that one could find in your local supermarket.

 The business to did not have any provision for late night refreshment - just consumer items.

 The sales were completed by a bespoke app which was owned and operated by the business.

 The units are serviced by the business’ own staff which hired its own delivery and operation staff.

 The business had originally applied for a 24-hour licence, but had decided to reduce the hours of operation following mediation with Police and Licensing so that the hours for licensable activity sought were from 8:00 - 00:00.

 In relation to the breach of a temporary event notice on 9 February 2021, the business was apologetic about this.

 The applicant was ‘mortified’ and ‘embarrassed’ as despite safeguards having been put in place, a sale of alcohol had occurred unexpectedly.

 The applicant wished to be up-front in addressing the issue and to apologise for it.

 The issue occurred as a result of a ‘perfect storm’ of human and technological error. Page 51

 The applicant was taking the issue very seriously and had performed a thorough investigation of every order from the website since it had gone live.

 The electronic system in place for sales worked in most cases. There had been one instance where the system had placed an order for sale of alcohol when it should not have done so.

 The Licensing policy did not adequately deal with the operations that the premises would undertake namely operating alcohol deliveries only with no visitation from members of the public attending.

 The business employed its own delivery drivers and did not use third-party or part- time delivery drivers.

 The business hired all its delivery drivers and had full control over both their training and employment.

 The business had site managers and the delivery drivers used e-scooters and non- motorised vehicles to make the deliveries. The applicant was committed to this and had gone to a great expense in providing those facilities in order to reduce noise nuisance.

 The business had interior waiting areas for staff to wait until an order was placed. The area was overseen by site managers who would be committed to the conditions of the licence.

 The operation of the premises would be better, more accountable and of better service to the local community with a licence.

 The Sub-Committee was invited to grant the application.

In response to questions from Members, Mr Nixon and Ms Sana Warriach representing the applicant, informed the Sub-Committee that:

 Effort had been made by the applicant to address the issue of potential breaches of the premises licence.

 The process had been reviewed in its entirety including the technological facilities and staff training.

 All preventative measures had been taken, such as alcohol being physically removed from the stock during the hours where licensable activity was not to take place.

 Areas where alcohol would be stocked would be sectioned off against the other products at the premises.

 During the hours of non-licensable activity, staff would not be able to get hold of any alcohol.

 The issue that had occurred would not happen again.

 There would be no more than 15 members of delivery staff at any one time and would only reach as many as 15 to accommodate the busy hours of 17:00–21: 00.

 The applicant would be open for the Sub-Committee to grant the application with the Page 52

condition of a maximum of 15 delivery staff. This was also the maximum capacity in the waiting area and amount of vehicles.

 Delivery staff members working late at night would be no more than two to three drivers.

 If the Sub-Committee wished to put a condition on the licence regarding the delivery of stock, then the applicant would agree to a limit on the delivery of stock to the premises between the hours of 23:00- 07:00.

 Delivery staff were contracted to ensure due diligence when making any deliveries and were trained to spot false identification documents and the Challenge 25 policy.

 Delivery staff were employed on a full-time and part-time basis. They worked 40 and 20 hours respectively.

 The business did not employ staff members with zero-hour contracts.

 The applicant would agree to a condition whereby condition 20 would be edited to ensure that deliveries would be made to a named individual inside a business or a private residence.

 When ordering from the website, the customer would have to identify a physical address in any case. The minimum order was a spend of £10.00 and the type of vehicle used to make the delivery to the address would be dependent on the health and safety of the delivery driver.

 The applicant would agree to a condition whereby all items sold would be kept on record two months after the sale had been made.

 The applicant took community consultation and engagement very seriously and was regretful of some of the issues that residents had suffered from in the past.

 A commitment would be made whereby a telephone number would be displayed on the premises that would be visible to members of the public said that they would be able to contact the site manager if there were any issues, Queries or concerns that they had.

 The applicant would always listen to residents.

 The staff are to use non-motorised vehicles, would have an internal waiting area for delivery staff and there was a process for the prevention of noise of staff members who were arriving at or departing from a delivery. All of the regulations by which employees had to act were part of the employment contract.

 The applicant had gone to considerable expense and effort to put in place systems to ensure that the licensing objectives would be upheld and therefore the application was different to other delivery companies.

 The applicant had already agreed to a condition whereby the premises would stay a delivery only business.

 The applicant would monitor complaints via an incident log and if complaints were received, the site manager would be notified and could be contacted directly.

 All drivers would employ the Challenge 25 policy. If the delivery recipient looked under 25, then appropriate age verification methods would be used to ensure that the recipient was over the age of 18.

Page 53

Presentation by interested parties Ms Sarah Williams, Licensing Officer, informed the Sub-Committee that:

 There had been mediation between Licensing and the applicant since the report was published.

 There was a sale of alcohol made on 9 February 2021 which was unlicensed.

 She had no confidence that the applicant would be able to uphold the licensing objectives.

 It was unclear if the mobile app used by the business could be bypassed in some way.

 It was unclear if sales of alcohol could be included by accident during an unlicensed period or some other technological issues.

 Further assurances from the applicant was required, otherwise she would recommend that the application be refused.

In response to questions from Members, Ms Williams informed the Sub-Committee that:

 The hours of employment of staff would be relevant on the basis of the hours of licensable activity.

 It was unclear how the technical glitch had occurred at the business and assurances were required on if it was possible for staff members to perhaps bypass the application.

 There may be a risk of other products being accidentally categorised or miscategorised.

 It was difficult to monitor the premises activity in order to ensure the licensing objectives were being upheld.

Mr Matthew Dunwell, resident, informed the Sub-Committee that:

 He had read the Licensing policy and took it very seriously.

 Section 5.7 of the policy referred to canvassing views of residents to develop a relationship between them before an application was made and paragraph 22.1 Page 54

discussed the increase about food delivery services including alcohol delivery and he was surprised that the applicant felt that this did not appear to apply to the business.

 Given the way the application had been handled, it was unclear if the policy was important or if parts of it could be discarded very easily by the applicant.

 The applicant’s response had not addressed the issue of a lack of consultation with residents.

 He wanted to thank Councillor George regarding her question about the breach of the temporary event notice.

 It was important to have committed consultation. It was unclear how important the applicants felt that the Licensing policy was.

 The applicant had stated in the response that he had sought to test the applicant. It was unfair to draw such a conclusion on his representation.

 The applicant had said that the issue was not the fact that the applicant had sold alcohol. However, this was what had occurred. The applicant had sold alcohol without a licence.

 The number of vehicles that could be parked at the premises was nine. Any more vehicles would mean that drivers will be using resident parking bays.

 Whilst the restriction of the hours and age restriction checks were welcome, it was unclear why very little had been put in place for noise nuisance.

Mr Ms Sophie Honey, resident, informed the Sub-Committee that:

 She supported the above points. She had a similar view of the Licensing policy and was concerned that no consultation had been made before the application was submitted, especially given the 24-hour proposal put forward by the applicant.

 The prevention of public nuisance was a key objective of the Licensing policy and given the lack of consultation and for taking up of resident parking bays, there could be a cumulative impact from other licensed premises operating in the same way.

 The number of hours operated by the applicant would likely cause disturbance to local residents.

 She did not feel confident that the applicant would not breach conditions given that they had a record for doing so.

In response to questions from Members, Mr Dunwell and Ms Honey informed the Sub- Committee that:

 It was important for the applicant to be able to consult with residents to understand local area and the local concerns.

 Once the notices had been submitted and put up, the application had already been made.

 Residents had not been contacted on having a discussion with the applicant.

 There was a lack of confidence that the issues raised by the application would be Page 55

addressed in a collaborative way and would have a long-term impact on the local community.

At this point in the proceedings, the Licensing Officer informed the Sub-Committee that the Licensing policy had stated that a consultation before an application was submitted was a form of good practice but there was no statutory need for such a consultation to take place before an application had been submitted. The Legal Advisor restated a point made by the Licensing Officer during the introduction to the item that the applicant had received the representations made by residents at a late stage in the process and that this may have had a bearing on the level of engagement that might have otherwise been expected. In response to further questions from Members, Mr Dunwell and Ms Honey informed the Sub- Committee that:

 It was important that the applicant was not able to use Deliveroo or another similar business to make deliveries at a future date.

 The ordinary hours of operation were 11:00 to 23:00. It was unclear why Licensing had agreed to 08:00 to 00:00.

 A terminal hour of 23:00 was acceptable.

 More time should be given for the applicant to be able to work and reach an agreement between all parties.

 It was not fair that the applicant would take up resident parking space to park vehicles and they should only employ the maximum number of drivers for whom they had parking space.

 The sale of alcohol during the late hours would have an effect on the public nuisance in the area.

 The applicant had the option to withdraw the application and simply sell non- alcoholic goods on a 24-hour basis.

The applicant was recalled to address matters arising. In response to questions from Members, Mr Nixon and Ms Warriach informed the Sub-Committee that:

 The total number of drivers would be 15 at peak times which were between 17:00 to 21:00. In the late hours the number of drivers would reduce to two or three.

 In relation to the consultation, there was a statutory period in the Licensing Act (2003) which gave the applicant 28 days to consult with residents.

 The applicant would agree to a condition whereby the maximum number of drivers would be limited to 15 at one time and that delivery drivers must exclusively be employed by the business.

 The business could accommodate 15 drivers as the business had access to parking on the outside and interior of the premises.

 The applicant and had already made a large concession in not selling alcohol 24- hours a day but could not agree to a terminal hour of 23:00 as the hours proposed Page 56

by the applicant my already more than reasonable.

 The applicant would agree to a condition whereby stock would not be taken into the premises between the hours of 23:00 to 07:00 (or even 05:00).

 The applicant would agree to a condition whereby deliveries could only be made to a named individual inside the premises and that any deliveries made would be kept on file two months after the sale.

 The applicant would agree to the removal of condition 6 concerning disorder and ejection of patrons.

 The applicant would have no objection to a minimum purchase of £10.00 per order, but this was for all goods sold. Not simply for alcoholic goods.

Ms Williams informed the Sub-Committee that she agreed to the proposed conditions.

Adjournment and Decision At 8:43pm, the Sub-Committee withdrew from the meeting together with the Legal Advisor and Clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke. Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub- Committee decided to grant the application subject to the conditions. RESOLVED: To grant the application subject to conditions.

The meeting ended at 8:57pm.

CHAIR LICENSING SUB-COMMITTEE Tuesday 20 April 2021

Date of Despatch: Friday 9 April 2021 Contact for Enquiries: Nazyer Choudhury Tel: 020 7926 0028 E-mail: [email protected] Web: www.lambeth.gov.uk

Page 57 Agenda Item 3b

Licensing Sub-

Committee Report

Item No: 2

Title of Report: Ritto’s 16 Clapham High Street London SW4 7UT

Applicant: Mr Ahmed Mansour

Application Type: Premises Licence (new application)

Application Date: 10th March 2021

Ward: Larkhall

Premises Type: Take-away food

Policy Context: Lambeth Statement of Licensing Policy 2019 - 2024

Report Author: Mr Tom Dunn

Contact Details: 020 7926 1866 [email protected]

Application This is an application for a Premises Licence to allow Summary: authorisation for Late Night Refreshment between 23:00 – 03:00 Monday to Sunday. Page 58

Consultation Information: Comments Department(s) or Date Response Consulted (Y/N) summarized in report Organisation(s) Received (Y/N) Internal Health & Safety Section Y Noise Service Y 08/04/2021 Y Social Services Y Licensing Service Y 01/04/2021 Y Planning Y 15/03/2021 Y Trading Standards Y External Fire Authority Y 18/03/2021 N Police Licensing Unit Y 07/04/2021 Y Health Authority Y

Policy implications:

Licensing Objectives (chapter 5, pages 9 to 15 of the policy & Appendices 1-4, pages 41 to 45)

The Licensing Objectives engaged by this application are:  Prevention of Public Nuisance,  Prevention of Crime and Disorder  Public Safety  Protection of Children from Harm

Cumulative Impact (Policy 7, pages 26 to 27 & Appendix 10, page 58)

The premises are located within the Cumulative Impact Zone as identified within the Council’s Statement of Licensing Policy (the Policy). This area is subject to a special policy which amongst other things creates a rebuttable presumption that any new application for a premises licence or material variation to existing premises licences (such as an increase in hours, capacity or change of conditions) in the area to which this policy applies, will be refused if representations are received. This may be rebutted by the applicant showing that a particular application will not impact adversely on the licensing objectives.

Hours of sale and location (Policy 8, pages 28 to 29 & Appendix 5, pages 46 to 47)

 The premises are classified within Lambeth’s Licensing Policy (the Policy) as a takeaway, located on Clapham High Street which is in a District Centre within the Policy.

Page 59

The Policy recommends the terminal hour for premises of this kind in a District Centre until midnight on Sunday to Thursday and 01:00 on Friday and Saturday.

1. Application:

1.1 This is an application for a Premises Licence under section 17 of the Licensing Act 2003

1.2 The application is seeking authorisation for:

Late Night Refreshment (indoors and outdoors)

Monday - Sunday 23:00 - 03:00

1.3 It is proposed to open the premises to the public during the following times:

Monday - Sunday 11:00 – 03:00

1.4 A copy of the application is attached to this report as Annex A

1.5 A copy of the plan is attached to this report as Annex B

1.6 A list of those conditions offered by the applicant within their Operating Schedule, can be seen at Annex C.

2. Representations:

2.1 Six representations were received against the application. Three of these were from responsible authorities, namely the Police, Licensing Authority and Public Protection. The remaining three representations were from members of the public.

2.2 The representations are based on all four of the licensing objectives; the prevention of public nuisance, prevention of crime and disorder, public safety and protection of children from harm. The objectors were of the view that the application, if granted, will have a negative effect on Clapham Cumulative Impact Zone.

2.4 The last date for making representations was originally 7th April 2021, but this was extended to 8th April 2021, due to the applicant advertising this date on their blue notice displayed at the premises.

Page 60

2.5 Copies of the representations were provided to the applicant and are attached to this report as Annex D.

2.6 The Licensing Authority received a complaint in relation to this premises on 20th April and 1st May 2021, from Thomas Reed who made a representation in respect of this application. The complaint alleged that there were unauthorised activities after 23:00.

2.7 These complaints were investigated by the Authority who visited the premises on 23rd April, 24th April and 7th May 2021. The authority found no licensable activities taking place at the time of their visits. A copy of the complaint and correspondence with the applicant and Thomas Reed can be seen at Annex E.

3. Current Licence:

3.1 There is no current licence in place for this premises.

4. Background History:

4.1 The premises have no dedicated car parking and patrons may park on surrounding residential streets with parking restrictions

4.2 The premises are within walking distance of Clapham North and Clapham High Street stations and 24 hours a day public buses towards several London destinations. 4.3 As part of the consultation with Responsible Authorities, the Planning Authority provided the following information in respect of this premises, which has been shared with the applicant.

Council records indicate that:

Planning permission (17/04379/FUL) was approved on 12.01.2018 for the following: ‘Amalgamation of nos. 16 and 16A into one combined shop unit, along with the installation of new shop front, retention of ground floor rear and side infill extension, erection of ground floor rear extension.’

Prior approval (18/01853/P3C) was given on 26.06.2018 for the following: ‘Change of use of ground floor of building (16 and 16a) from A1 (shop with kiosk) to A3 (cafe/restaurant) and the provision of an external flue.’

Planning consent (20/03477/DET) was given on 16.12.2020 For the following: ‘Approval of details pursuant to condition 2 (Flu and Extractor Report), 3 (Appearance and siting of plant), 4 (Assessment of the Acoustic Impact), 5 (Noise Assessment), 6 (Delivery and Servicing Management Plan), 7 (Waste and Recycling)of Planning permission 18/01853/P3C (Change of use of ground floor of building (16 and 16a) from A1 (shop with kiosk) to A3 (cafe/restaurant) and the provision of an external flue.) Granted on 26/06/2018.' Page 61

Condition number: 8 imposed on the prior approval decision concerns hours of operation and states: Customers are not permitted on the restaurant premises other than within the following times: 07:00 Hours to 23:00 Hours - Monday through to Friday. 07:00 Hours to 23:00 Hours - Saturdays. 07:00 Hours to 23:00 Hours - Sundays, Bank Holidays or Public Holidays. Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of adjoining occupiers or of the area generally. (Policy Q2 of the London Borough of Lambeth Local Plan (2015)).’

The A3 (cafe/restaurant) is required to operation in accordance with the conditions imposed on the decision 18/01853/P3C, including the hours of operation as set out above.

5. Observations:

5.1 The parts of the Statutory Guidance (April 2018) which are particularly relevant to this application and the representations received are Chapters:

5.2 The parts of the Statement of Licensing Policy that are particularly relevant to this application and the representations are Sections:

Chapter 5. The Licensing Objectives Policy 1. Applications Policy 7. Cumulative Impact Policy 8. Hours of sale and location Appendix 1 – Crime & Disorder Appendix 2 – Public Safety Appendix 3 – Public Nuisance Appendix 5 – Recommended hours Appendix 6 – Types of premises Appendix 10 – Clapham Cumulative Impact Policy

6. Conclusion:

6.1 Members are required to consider the application in light of all the relevant information, and if approval is given, may attach such conditions appropriate to promote the licensing objectives.

6.2 The options available to Members of the Licensing Sub Committee are; Page 62

1 – Grant the application as it currently stands.

2 – Grant the application subject to such conditions as the authority considers necessary for the promotion of the licensing objectives.

3 – Exclude from the scope of the licence any of the licensable activities to which the application relates.

4 – Reject the application.

Appendices:

Annex A – Application Form Annex B – Plan Annex C – Operating Schedule Conditions Annex D – Representations Annex E – Complaint and Correspondence with Applicant

Reference Documents:

Local Government Act 1 The Licensing Act 2003 (“the Act”) 1972 – Access to information documents 2 Amended Guidance issued under Section 182 of the used in the preparation of Licensing this report Act 2003 (April 2018) (“the Guidance”)

3 Lambeth Statement of Licensing Policy 2019 - 2024 (“the Policy”)

Lambeth Council Page 63 Annex A Lambeth Council, P.O. Box 734, Winchester, S023 5DG Ref: DSFX1615392774760 T: 020 7926 1000 E: [email protected]

New Premises Licence

Premises Details

BUSINESS 16 CLAPHAM HIGH STREET LONDON Premises Address * LAMBETH SW4 7UT

Telephone number at premises (if any)

Non-domestic value of premises. * £ 17250

Applicant Details

Please state whether you are applying for a premises licence an individual or individuals as:

Applicant Details

1 / 9 Page 64 Ref: DSFX1615392774760

Individual Applicant

Title * Mr

First name * ahmed

Surname * mansour

Street address *

Town/City * London

County

Postcode *

Date of Birth *

✓ I am 18 years old or over

Nationality *

Daytime Contact Telephone Number *

Email *

2 / 9 Page 65 Ref: DSFX1615392774760

Operating Schedule

When do you want the premises licence to start? * 17/03/2021

If you wish the licence to be valid only for a limited period, when do you want it to end?

OUR TRADING NAME IS RITTO'S , WE ARE FAST FOOD / TAKEAWAY WE DO GOURMET BURGERS , GRILLED Please give a general description of the premises. * CHICKEN . OUR PRODUCTS ALL FRESH ON DAILY BASIS , OUR BURGERS ARE HOMEMADE , THER ARE VERY POPULAR , , WE DON'T SELL ALCOHOL

If 5,000 or more people are expected to attend the premises at any one time, please state the number expected to attend.

3 / 9 Page 66 Ref: DSFX1615392774760

Operating Schedule

What licensable activities do you intend to carry on from the premises? * (Please see sections 1 and 14 of the Licensing Act 2003 and Schedules 1 and 2 to the Licensing Act 2003)

Provision of regulated entertainment (please read guidance note 2) *

Plays

Films

Indoor Sporting Events

Boxing or Wrestling

Live Music

Recorded Music

Performances of Dance

Anything of a similar description falling under Music or Dance

✓ Provision of late night refreshment

Supply of Alcohol

4 / 9 Page 67 Ref: DSFX1615392774760

Late Night Refreshment Standard Times

Standard days and timings, where you intend to use the premises for late night refreshment.(please read guidance note 7)* Please enter times in 24hr format (HH:MM)

Day * Every Day

23:00

03:00

Late Night Refreshment

Will the provision of late night refreshment take place indoors Both or outdoors or both? (please read guidance note 3)*

OUR BUSINESS WILL BE OPEN FROM 11AM TILL 3AM , WE USE UBEREATS TO DELIVER THE FOOD , WE HAVE EATIN , TAKEAWAY CUSTOMERS BUT MOST OF OUR Please provide further details.(please read guidance note 4) ORDER AT NIGHT WILL BE MAINLY FOR DELIVERIES ( UBEREATS ) AS WE HAVE LESS CUSTOMERS AT NIGHT

State any seasonal variations for the provision of late night NO SEASONAL VARIATIONS refreshment.(please read guidance note 5)

Please state any non-standard timings, where you intend to use the premises for late night refreshmentat different OUR BUSINESS WILL OPERATE AT THE SAME TIME ALL times from the Standard days and times listed?(please read YEAR FROM 11AM TILL 3AM guidance note 6)

Adult Entertainment

Please highlight any adult entertainment or services, THERE WILL BE NO ADULT ENTERTAINMENT activities, other entertainment or matters ancillary to the use OR SERVICES OR ACTIVITIES OR ANY OTHER of the premises that may give rise to concern in respect of ENTERTAINMENTS children (please read guidance note 9).

5 / 9 Page 68 Ref: DSFX1615392774760

Opening Hours Standard Times

Standard days and timings, where the premises are open to the public. (please read guidance note 7) * Please enter times in 24hr format (HH:MM)

Day * Every Day

11:00

03:00

Opening Hours

State any seasonal variations. (please read guidance note 5) NO SEASONAL VARIATION

Please state any Non-standard timings, where you intend the premises to be open to the public at different times from the OUR BUSINESS WILL OPERATE AT THE SAME TIME ALL Standard days and times listed? (please read guidance note YEAR FROM 11AM TILL 3AM 6)

6 / 9 Page 69 Ref: DSFX1615392774760

Licensing Objectives

Describe any additional steps you intend to take to promote the four licensing objectives as a result of the proposed variation:

* Ensuring To Prevent Any Kind Of Noise All Time * Giving Appropriate Staff Training For Late Night Refreshments . a) General - all four licensing objectives (b, c, d and e) * Having Cctv System Which Is Already Installed With (please read guidance note 10) Maximum Capacity Possible * Training Staff How To Deal With Customers To Prevent Noise At Night * Meeting The Council Guidelines To Ensure Public Safety

*Avoid Any Arguments & Be Patient With All Customers *Cctv Recording Must Be Retained With Minimum Of 2 Weeks , More If Possible , To Be Produced Upon Request b) The prevention of crime and disorder Of The Police *Warning Notice Must Be Displayed At The Premises Advising Cctv In Operation All Time *Reporting Any Suspicious Activity To The Police When Noticed

*Appropriate Fire Safety Procedures Are In Place Including Fire Extinguishers, Fire Blanket, Internally Illuminated Fire Exit Signs . *Testing Regularly Fire Alarm System , Emergency Light System To Avoid Any Faults *Cctv c) Public safety Cameras Are In Place Covering Inside & Outside The Premises *Having All Safety Signs In Place , Slippery Floor Sign *Respecting All Customers *All Emergency Exits Shall Be Kept Free From Obstruction At All Times.

*Preventing Any Kind Of Noise To The Neighbours *Close All Doors And Windows As Mush As Possible To Minimise Noise *Making Sure Delivery Driver Leaves The Premises d) The prevention of public nuisance Quietly *Depositing Waste Within The Waste Collection Time Frame *Making Sure All Customer No Making Any Noise To The Neighbours

* Monitoring & Supervision Cctv Cameras On Regular Basis , Making Sure They Covering All Premises *Any Suspicious e) The protection of children from harm Activity Should Be Reported To The Police *Activity At The Premises Should Be Monitored All Time *Respect All Children , Providing With Adequate Help When Needed

Declarations

Declaration Type * Sole Applicant - Individual or Other

7 / 9 Page 70 Ref: DSFX1615392774760

Declarations

Full Name * AHMED MANSOUR

Date * 10/03/2021

Capacity * Applicant

✓ Declaration made

Do you wish to provide alternative correspondence details? * No

8 / 9 Page 71 Ref: DSFX1615392774760

Email confirmation

On submission an email confirmation will be sent using the details below

Forename ahmed

Surname /Company Name mansour

Email *

Telephone

9 / 9 This page is intentionally left blank Annex B Page 73

1 Location Plan 1:1250 2 Site Plan 1:500

Project Ritto's Project No. 2020-026 Client Mr Ahmed Project Status NOTE Layout Title Block and Location Map Design Contact Person Khondoker Rahman - All Dimensions to be taken from site. The dimenions Layout No. Date Contact Number mentioned here are for quote preparation puposes only and P002 01/04/2021 should not be used for any manufacturing or shop drawings. Scales @ A3 Drawn By Date Company and Construction Ltd 1:1250, 1:500 434 Cranbrook Road Gants Hill Ilford IG2 6LL No. 14

FIRE

BLANKET 2

3 4

5 Entrance

6 7

8 No. 16A

9 10

UP to

11 12

Corridor 2 13 WC Flats Custom Text Z00-04 Corridor 3 Z00-02 CA: 2.97 m2 Corridor CA: 2.35 m2

(-) 150 Z00-04 Z00-04 CA: 1.67 m2 14

CA: 5.11 m2

DOWN 16

Cold Room Z00-03 CA: 7.20 m2 FIRE RG EXTINGUISHER

Pantry Z00-03 CA: 5.73 m2 No. 16 Counter

Rear Area G1 CA: 15.48 m2 (+/-) 00

Shop GIA Page 74

Front Area Z00-04 Z00-01 CA: 82.05 m2 CA: 37.26 m2

120 Entrance to Shop

(-)

FIRE EXTINGUISHER

02 -

S FOOTPATH E-03 GAUDEN ROAD

1 GF 1:50 Project Ritto's Project No. 2020-026 Client Mr Ahmed Project Status NOTE Layout Title GF Plan Design Contact Person Khondoker Rahman 0m 1 2 3 4 5 - All Dimensions to be taken from site. The dimenions Layout No. Date Contact Number mentioned here are for quote preparation puposes only and P006-R1 01/04/2021 should not be used for any manufacturing or shop drawings. Scales @ A3 Drawn By Date Company Creative Design and Construction Ltd 1:50 434 Cranbrook Road Gants Hill Ilford IG2 6LL Page 75

ANNEX C – Conditions

Please note these conditions were proposed by the applicant within their Operating Schedule

1. The premises shall prevent any kind of noise at any time and shall ensure customers do not create any noise to neighbours.

2. Staff will be given appropriate staff training for late night refreshments and how to deal with customer to prevent noise at night.

3. The premises shall have a CCTV system installed with maximum recording capacity possible, but as a minimum recordings shall be retained for a period of two weeks. CCTV cameras shall cover both inside and outside the premises. CCTV records shall be produced upon request to the Police.

4. A warning notice shall be displayed at the premises, advising CCTV is always in operation.

5. The premises shall meet the Council guidelines to ensure public safety.

6. Should any suspicious activity be noticed, this shall be reported to the Police.

7. There shall be appropriate fire safety procedures in place, including fire extinguishers, fire blanket, internally illuminated fire exit signs and regularly tested fire alarm system.

8. The premises shall have safety signs in place, such as slippery floor signs.

9. All emergency exits shall be kept free from obstruction at all times.

10. Doors and windows shall be closed as much as possible to minimise noise.

11. Delivery drivers shall leave the premises quietly.

12. Waste shall be deposited within the waste collection time frame. This page is intentionally left blank Page 77 Annex D

Ritto’s – 16 Clapham High Street, London, SW4 7UT (21/00060/PRMNEW)

• Prevention of Public Nuisance • Prevention of Crime & Disorder

The application seeks to permit:

Late Night Refreshment (inside & outside) Monday – Sunday 23:00 – 03:00

Cumulative Impact Area (Saturation Zone)

The premises are within the cumulative impact area zone as identified within the Council’s Statement of Licensing Policy (‘The Policy’) on pages 26 and 58.

In accordance with the council’s statement of Licensing Policy, the premises falls within the area designated as an area of special interest in Clapham which means that applicants for premises falling within that zone must proof conclusively in their operational schedule why their application for a premises licence should be granted and it is therefore important that applicants show that they have properly considered the impact on the locality of their application.

The policy creates a rebuttable presumption that any new applications for premises licenses or club premises certificates, along with any major variations that could impact negatively on the licensing objectives will be refused, unless the applicant can demonstrate that there will be no negative impact on any of the licensing objectives.

Classification of Area within the policy

According to the current Licensing Policy, Appendix 7 page 51, the area in which the premises are located is in a District Centre, which have traditionally provided convenience goods and services for local customers.

They typically range in size from 10,000m2 to 50,000m2 and contain at least one food supermarket or superstore and non-retail services.

We very much see these as places where the night time economy does have a role, alongside other daytime shopping and other places of employment. Whilst not as big as our town centres they are generally well served by public transport and connected in numerous directions.

The key areas of concern for these areas is that whilst there might be very little residential property in the immediate area, a short walk will lead into highly residential streets and the potential for public nuisance in the form of noise, litter from late night eateries and the targeting of individuals by criminals is high. Page 78

Classification of Premises within the policy

The premises are seeking to authorise late night refreshment only, to be made available to customers who attend the premises and via delivery services, such as Ubereats. The application also identifies that the premises have an area which customers can dine in.

According to the current Licensing Policy, Appendix 6 page 49, the premises is best described as a take-away premises, where no alcohol is available and a licence for late hot food sales is only needed between 23:00 and 05:00.

A premises of this nature is likely to have a potential impact on the licensing objectives, due to: - Noise from patrons or delivery vehicles - Litter dropped by patrons - Cooking smells - The premises can be a place for people to congregate after late night drinking, and there is a small associated risk for violence and anti-social behavior to occur as a result. This risk is heightened by the fact that the premises fall within the Clapham CIZ, which has a high volume of drink led premises.

According to the current Licensing Policy, Appendix 5 page 47, the recommended hours in the policy for a take-away in a District Centre is 23:00 to 00:00 hours Sunday to Thursday and 23:00 – 01:00 Friday & Saturday.

Operational Schedule

There is inadequate information in the applicant’s operating schedule to promote the licensing objectives. The completion of a full and detailed operating schedule will give greater confidence that the applicant seeks to make a positive contribution and is demonstrating a commitment to both those living in the vicinity and the licensing objectives. Applicants are expected to:

• demonstrate knowledge of the local area when describing the steps they propose to take to promote the licensing objectives; • to undertake enquiries about the area in which the premises are situated to inform the content of the application; • to obtain sufficient information to enable them to demonstrate, when setting out the steps they propose to take to promote the licensing objectives, that they understand: • the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate; • any risk posed to the local area by the applicants’ proposed licensable activities; • any local initiatives for example, local crime reduction initiatives which may help to mitigate potential risks.

Applicants are expected to include positive proposals in their application as to how they will manage any potential risks. They should be able to demonstrate an understanding of any measures they will take to mitigate the impact and why their application should be considered as an exception to the Cumulative Impact Policy. Page 79

Conclusion

The hours in the application are beyond those recommended in the Licensing Policy.

The premises are located in the Cumulative Impact Zone and the policy creates a rebuttable presumption that applications for new licences will be refused, providing a relevant representation has been received.

There is inadequate information in the application as to why this premises should be an exception to the Clapham Cumulative Impact Policy and the applicant has failed to mentioned any reasoning for why their application would not contribute to the existing cumulative impact in Clapham.

The grant of the application as sought will impact negatively on the area, with the premises providing a location for late night drinkers to congregate and continue their socialisation during the early hours of the morning, at the detriment to local residents.

For the reasons above, the Licensing Authority recommends that the application is refused entirely.

Pamela Riley Licensing Officer [email protected]

1st April 2021 Page 80

Miss Bina Patel Licensing Manager London Borough Lambeth 08th April 2021

My name is Oladayo Bello, I am employed by London Borough of Lambeth as a Public Protection Officer within Public Protection and Regulatory Services (PPARS) I write on behalf of the London Borough of Lambeth Public Protection Team against the granting of a new premises licence for:

Ritto’s Burger, 16 Clapham High Street, SW4 7UT (Ref: 21/00060/PRMNEW)

The Public Protection Team are entering a formal representation on the grounds of the following licensing objectives:

• The prevention of public nuisance. • The prevention of crime and disorder • Public safety • Protection of Children from Harm.

The prevention of public nuisance/The prevention of crime and disorder/Public safety

Public Protection currently have a Community Partnership with the police and other stakeholders and work together to promote public safety and reduce crime and antisocial behaviour. This is reflected in Lambeth Council’s policies and action plans which are relevant to different areas and situations. This application is made for a premises located in a district centre of Clapham, London SW4 7UT which falls within a Cumulative Impact Zone (CIZ) as referenced in the London Borough of Lambeth’s Statement of Licensing Policy 2019 – 2024. The location also has residential properties directly above it and nearby and a host of licensed premises in the area too. The applicant has requested a licence for Late Night Refreshment, Monday - Sunday 23:00 - 03:00, On and off.

Police intelligence shared with Public Protection shows that the area already suffers from adverse incidents like:

• Intimidating and aggressive drunken behaviour • Street urination and defecation • Theft • Begging

1 Page 81

• Drug related activities • Dangerous intoxicated behaviour • Violence • Sexual Assault

Currently, Clapham High Street has up to 46 licensed premises in the High Street alone with a renowned night time economy which as a result makes the area to suffer from high intoxication levels. The cumulative effect of the existing premises is already impacting adversely on the area to an unacceptable degree and if this licence for late night refreshments is granted, it will increase the adverse effects to this community. The location being within a residential area, granting the licence may lead to additional noise nuisance and anti-social behaviour from boisterous customers An additional late night refreshment provision in the CIZ will potentially strain the Council, Police and Emergency Response Services as well.

Protection of Children from Harm The applicant has not demonstrated an understanding of this licencing objective and simply indicates in his application *Respect All Children , Providing With Adequate Help When Needed” Late night refreshment of food like burgers can be an attraction to Children, the applicant has not detailed how he will promote this objective of protecting some children or minors who may want to visit or hang around the shop after hours.

Conclusion In order to continue to fulfil and promote the licensing objectives as a responsible authority, the Public Protection Team recommends that a late-night refreshment Licence in a high profile cumulative impact zone is refused for Ritto’s Burger

Sincerely,

Oladayo Bello Public Protection Officer

Page 82

AS - Lambeth Licensing & Night Time Economy Team Civic Centre, 3rd Floor, 6 Brixton Hill, SW2 1EG

7th April 2021

Contact: PC Mike Constable

Miss Bina Patel Licensing Manager Lambeth Borough Council

RE: New Grant – Ritto’s Burger, 16 Clapham High Street, SW4 7UT

Dear Miss Bina Patel.

I write on behalf of the Commissioner of police for the Metropolis to make a representation on the grounds of the following Licensing Objectives;

 The prevention of crime & disorder.  Public Safety.  The prevention of public nuisance.  Protection of Children from harm.

The applicant has requested the following:

Activities/times requested:

Late Night Refreshment Monday - Sunday 23:00 - 03:00

On and off. Location

This application is located within Clapham (this is defined as a district centre), and is referenced in London Borough of Lambeth’s Statement of Licensing Policy 2019 – 2024 appendix 7 refers.

This premises is located within a Cumulative Impact Zone (CIZ) as referenced in the policy, section 13 refers. There are also residential properties directly above, and other nearby residential properties.

Page 83

Statement of Licensing Policy & Application.

I would like to notify the committee the expectation for applicants as per the policy:

1.9 Each new licence application or an application for a variation of an existing licence will be considered on its own merits. This means that decisions will take into account the specific details in each case, including the proposed venue and the way it will operate, or proposed changes to an existing venue and/or its operation, as well as the context in which it operates.

5.2. Therefore, how applicants communicate the promotion of the licensing objectives in their operating schedule and application is essential for the full consideration of the application by the Authority.

5.3. Providing a full and detailed operating schedule as part of the application will make it clearer as to how the applicant will promote the licensing objectives. Applicants are expected to: demonstrate knowledge of the local area when describing the steps they propose to take in order to promote the licensing objectives; undertake enquiries about the area in which the premises are situated to inform the content of the application; obtain sufficient information to enable them to demonstrate, when setting out the steps they propose to take to promote the licensing objectives, that they understand: a) the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate; b) any risks posed to the local area by the applicants’ proposed licensable activities; c) any local initiatives (for example, local crime reduction initiatives or voluntary schemes including local taxi-marshalling schemes, street pastors and other schemes) they propose to put in place which might help to mitigate any potential risks.

5.5. Demonstrated knowledge about the locality will assist applicants when determining the steps that are appropriate for the promotion of the licensing objectives. For example, premises within close proximity to residential premises should consider how this will impact upon their smoking, noise management and dispersal policies, to ensure the promotion of the public nuisance objective. Applicants must consider all factors which may be relevant to the promotion of the licensing objectives, and where there are no known concerns, to acknowledge this in their application.

5.7. It is also expected that applicants will canvass the views of their neighbours and local residents as this can clear up any ambiguities and develop a relationship based on mutual cooperation before an application is made. This may be facilitated by making direct contact with neighbours and any local group that represents residents or businesses. This will also assist the applicant by giving an understanding at the outset of what the community believe is acceptable in their area.

6.1. Two general principles have been identified which are noted throughout the Statement of Licensing Policy and are outlined here clearly as general principles that will be taken into consideration for all licensing applications.

Page 84

All licensing applications are expected to show: a). That applicants have a clear understanding of the locality in which they are operating or intending to operate and that this has been taken into account in the application, any voluntary conditions proposed and for these to be set out clearly within the operating schedule.

Nothing has been presented to show that this will not have a negative impact to an already over saturated area.

Cumulative Impact Zone

I would like to remind the committee with regards to this:

The Queen on the application of Westminster City Council v Middlesex Crown Court [2002] EWHC 1104 (Admin) (“Chorion”)

High Court approval of cumulative impact policies came in the Chorion litigation the language of the Crown Court judge (as summarised by the High Court) is instructive: “The first question was whether, notwithstanding the applicant was a fit and proper person and the premises would be well managed, a … licence could be refused on the sole ground that the area was already saturated with licensed premises… and that the cumulative effect of the existing premises was impacting adversely on the area to an unacceptable degree. The answer to this [is] ‘yes’.”

Night Time Economy

The Metropolitan Police had Operation Equinox running, which is a Police led operation in which officers conduct high visibility patrols across London. (This will restart imminently) Police officers are engaging with night-time economy users and premises management in a drive to reduce the number of people being put at risk harm. This is to reduce the violence with injuries directly related to alcohol. An increase in hours of alcohol will potentially strain Police resources, and most likely Ambulance Services as well.

We are all aware of the increase in violence within London, and the Metropolitan Police Service have recently announced the Violence Suppression Unit to combat this.

These figures are taken from Institute of Alcohol Studies. Whilst it is acknowledged that the study is not specific to Clapham High Street, it does illustrate the issues we have and are still worth consideration:

 In 2013/14, just over half of all violent crime victims believed their attacker to be under the influence of alcohol (= approx. 704,000 incidents). 6

 76% of police have received an injury through dealing with drunken members of the public, with 65% injured on multiple occasions. 10 Page 85

 22% of police report having been injured five or more times by drunken people whilst on duty; 41% report having being sexually harassed or assaulted by drunken people whilst on duty. 10

 The Government estimates that alcohol-related crime and social disorder costs England £11bn per year (at 2010/11 prices). 11

 The specific cost of binge drinking on police arrests has been estimated at £0.94 billion; binge drinking has increased the average number of alcohol-related arrests by 45% (= 786 additional arrests per day nationally). 12

 The number of officers on duty must be increased by around 30% at weekends as a direct result of binge drinking, carrying an estimated cost of £31 million. 12

 Police and the justice system spend £1.7bn every year responding to alcohol- related crime. 13

 Alcohol licensing has cost local authorities approx. £183 million in the 10 years since the Act was introduced (= £1.5 million of taxpayers’ money per month). 14

The full report can be read here: http://www.ias.org.uk/uploads/Alcohols_impact_on_emergency_services_full_report .pdf

Crime Overview

I would also like to bring your attention to the attached supporting document - Clapham CIZ Crime Analysis Pattern. Behind these statistics are victims. It is very easy to look at reports and just see numbers, this is not the case.

Alcohol undoubtedly affects people’s reactions and inhibitions, this can and does lead to situations in which Police assistance is required.

Clapham High Street is within this cumulative impact zone and (at time of writing) there are a total of 46 licensed premises in the High Street alone.

Clapham has a renowned night time economy as a result it suffers from high intoxication levels. It was a very popular destination point, and it is strongly believed this will (in time) go back to how it was.

Due to the intoxication levels this has led to alcohol related crime taking place. Ranging from sexual assaults, violence against the person, thefts, robberies, etc

In which this Clapham CIZ Crime Analysis Pattern report clearly highlights our concerns.

Page 86

It shows that during 2020 (in which a lot of premises had restrictions and closure), that was only a slight decrease. Violence against the person offences 2019 were 279, compared to 2020 which was 209. For drug related offences there was an increase, 51 in 2020 compared to 31 in 2019.

A nasty assault that took place during the restrictions (Lambeth was in Tier 2 at the time) on 20th October 2020 at 10:15pm on Clapham High Street: https://www.itv.com/news/london/2021-02-04/police-appeal-after-man-punched-to-the- ground-in-clapham

That assault took place when premises had a curfew and alcohol was ancillary to food. Imagine what else would have happened if it had been later.

Here are further links on the violent offences that have taken place on the High Street in the last few years: https://www.getsurrey.co.uk/news/uk-world-news/clapham-north-stabbing-police-a3- 16434548 https://twitter.com/londonstreets3/status/1155533140154376192?lang=en https://www.thesun.co.uk/news/8097520/man-attacks-woman-new-years-eve-clapham/

This is just a snapshot of what has taken place, and allowing more premises to sell alcohol will undoubtedly make matters worse in the vicinity.

Many a time drunken patrons have urinated on local residents door steps, vomited on public highways and shout and screamed down the High Street. Local residents deserve to be able to have some peace and quiet in their own homes.

Furthermore residents should feel save in their community, having to walk past those offenders (as per the video clips in the links) would be very intimidating to say the least.

The premises is not selling alcohol, however those already under the influence of alcohol (or even illegal substances) will still be encouraged to stay in the area.

This may lead to noise nuisance and anti-social behaviour from boisterous customers or they may be targeted themselves. I have seen this and have to intervene.

This is especially the case with regards to vulnerability in the area, unfortunately this is far too common and with the previous assistance from Clapham Methodist Church (The Hub) providing a Safe Haven for those in need unknown if will be able to continue this be an additional strain on emergency services.

Page 87

Conclusion

 Clapham High Street is saturated. The cumulative impact of licensed premises in the area is having a negative effect (as the report shows). One which the residents should not have to put up with, nor should emergency services & stakeholders.

 Will encourage people to stay in the area, when we would want them not to loiter. Most importantly, patrons may become a victim of crime as a result.

 Nothing in place with regards to noise nuisance management (residents are nearby) and dispersal policy.

 Vague proposals ‘respect all children, providing with adequate help when needed’. What does this mean, and what measures are they going to take?

 Application submitted does not address how they will not have a negative impact to Clapham High Street. Agreeing conditions with Licensing Authority does not address the Police’s concerns, especially with regards to violent assaults.

 Consideration has been taken with regards to the impact Covid 19 has impacted the premises as a business, however the increase of those already under the influence loitering in the area will not help matters for the area and will put more strain not only on the Police but other emergency services.

It is recommended that this is not granted. This is deemed appropriate to the premises and in the spirit of the Licensing Act 2003.

Yours sincerely,

Mike Constable | PC 1596AS - Licensing & Night Time Economy Team | Address Civic Centre, 3rd Floor, 6 Brixton Hill, SW2 1EG

6. Office for National Statistics (2015), ONS Nature of Crime Tables, 2013-14 – Violence, Table 3.11.

10. IAS Police Service Survey results (4,022 participants) available at http://www.ias.org.uk/What-we-do/IAS-reports.aspx

11. House of Commons Health Committee, Government’s Alcohol Strategy (HC 132, 2012-13), Written evidence from the Department of Health (GAS 01).

12. James, J. & Francesconi, M. (2015), The cost of binge drinking in the UK. Bath: Institute for Policy Research, University of Bath.

13. Leontaridi, R. (2003) Alcohol misuse: how much does it cost?. London: United Kingdom Cabinet Office, p. 59

14. Local Government Association (2015), LGA responds to Government decision to reject locally-set licensing fees [Press release]. [Available: http://www.local.gov.uk/web/guest/media-releases/- /journal_content/56/10180/7048782/NEWS#sthash.BVcZZjIX.dpuf ] [Accessed 13 October 2015].

LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS Intelligence & Improvement Service Public Protection, Assurance & Regulatory Services

London Borough of Lambeth Page 88

Report Covering Time Period: 01/01/2019 – 31/12/2020 Requesting Officer: PC Mike CONSTABLE Created by: Tristan WALKER (Intelligence Analyst PPARS) Signed off by: Tristan WALKER (Intelligence Analyst PPARS) Version number: 1 Original Version Date: 01/02/2021 Latest Version Date: 01/02/2021 Disseminated to: PC Mike Constable, PC Dave Watson, PS Adam Berry, Trevor Virtue, Rob Harper, Sean Biggart, Patrick White NIM Level: 1 – Local Level Government Security Classification: N/A

PPARS Intelligence & Improvement Service LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS

CLAPHAM CIZ (Cumulative Impact Zone)

• Within the last 6 months (01/07/2020 to Page 89 31/12/2020), there have been 1,156 calls attended by Police

PPARS Intelligence & Improvement Service Data measured from 01/01/2019 to LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS 31/12/2019 unless specified TIME OF DAY ANALYSIS – VIOLENCE AND WEAPON OFFENCES 2019 RECORDED OFFENCES – 2019 + 2020

MON TUE WED THU FRI SAT SUN Total Highest risk 2019 2020 TOTAL 0000-0100 1.00 1.00 0.22 0.00 1.00 8.50 6.40 18.11 Moderately high risk Assault with ABH 131 94 228 0100-0200 2.00 1.00 1.22 0.00 0.00 4.00 11.32 19.54 Moderate risk Injury ABH on Constable 9 0 9 0200-0300 2.33 1.50 2.22 1.00 2.00 4.00 13.82 26.87 Moderately low risk 0300-0400 3.33 2.50 0.22 0.00 3.00 12.00 12.99 34.04 Lowest risk Common Assault 67 65 135 0400-0500 1.33 2.00 0.22 1.00 0.00 4.00 6.99 15.54 Assault on Emergency Worker 0 1 2 0500-0600 0.00 0.00 1.05 0.50 1.00 0.00 3.09 5.64 0600-0700 0.00 0.00 0.05 0.50 0.00 1.00 0.09 1.64 DAY BY DAY - 2019 Racially/religious Agg Assault 2 1 1 0700-0800 0.00 0.00 0.05 0.00 0.00 1.00 1.09 2.14 Other Administering Poison to Injure 1 0 1 0800-0900 1.00 0.00 1.05 0.00 0.00 0.00 0.00 2.05 80.00 Violence Arrange travel with view to 1 0 1 0900-1000 0.50 1.00 0.05 1.00 1.00 1.00 0.00 4.55 70.00 exploit 1000-1100 0.50 1.00 0.05 1.00 0.00 1.00 2.00 5.55 Hold person in 1 0 1 1100-1200 1.00 0.00 2.05 0.00 0.00 0.07 1.00 4.12 60.00

1200-1300 1.00 0.00 0.05 1.00 1.08 0.07 0.00 3.20 slavery/servitude Page 90 1300-1400 3.00 3.50 0.05 0.00 1.08 2.07 1.00 10.70 50.00 Making Threats to Kill 2 0 2 1400-1500 1.00 0.50 1.05 1.00 1.08 0.07 0.00 4.70 Serious GBH/Serious Wounding 15 7 22 40.00 1500-1600 0.25 2.00 1.55 1.00 0.08 1.07 0.00 5.95 Wounding GBH/Serious Wounding on 1 0 1 1600-1700 1.25 1.00 1.55 2.00 0.08 1.07 1.00 7.95 1700-1800 0.25 2.00 0.05 3.00 0.08 0.07 2.00 7.45 30.00 Constable 1800-1900 0.25 1.00 1.00 1.00 2.08 2.07 1.00 8.40 20.00 Offensive Having Blade or Point in Public 3 3 6 1900-2000 1.00 1.00 0.50 1.00 0.08 1.57 1.00 6.15 Weapon Possession of Offensive 7 2 9 2000-2100 2.00 2.00 0.50 1.00 3.08 1.07 1.00 10.65 10.00 2100-2200 2.00 1.00 1.50 2.00 2.08 2.66 2.00 13.25 Weapon 2200-2300 0.00 1.05 1.50 0.00 1.08 0.66 0.00 4.30 0.00 Firearm / Possess Prohibited Weapons 4 0 5 2300-0000 1.00 0.22 0.00 1.00 1.58 8.66 1.00 13.46 Noxious Possess Weaps Noxious Liquid 1 0 1 Total 26.00 25.27 17.73 19.00 21.50 57.70 68.80 236.00 Liquid • Violence Offences were significantly higher in 2019 than 2020, likely owing in Offences part to Licensed premises largely being closed through a large part of 2020. TOTAL VIOLENCE 279 209 486 OFFENCES • In 2019, the spike in Violence and Weapon offences in Clapham CIZ was overwhelmingly on Friday and Saturday nights. 53% of all of these offences took place within Friday and Saturday NTE.

PPARS Intelligence & Improvement Service Data measured from 01/01/2019 to LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS 31/12/2019 unless specified TIME OF DAY ANALYSIS – DRUG OFFENCES 2019 RECORDED OFFENCES – 2019 + 2020

MON TUE WED THU FRI SAT SUN Total Highest risk 2019 2020 TOTAL 0000-0100 0.00 0.00 0.00 0.00 1.00 0.00 2.00 3.00 Moderately high risk Drug Possession of Cannabis 27 29 58 0100-0200 0.00 0.00 0.00 0.00 1.00 2.00 1.00 4.00 Moderate risk 0200-0300 0.00 0.00 0.00 0.00 1.00 2.00 0.00 3.00 Moderately low risk Possession Possession of Class a - 6 5 11 0300-0400 0.00 0.00 0.00 0.00 0.00 3.00 2.00 5.00 Lowest risk Cocaine 0400-0500 0.00 0.00 0.00 0.00 0.00 0.00 2.00 2.00 0500-0600 0.00 0.00 0.00 0.00 1.00 0.00 0.00 1.00 Possession of Class a - Heroin 1 0 1 0600-0700 0.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 DAY BY DAY - 2019 Possession of Class B 0 1 1 0700-0800 0.00 0.00 0.00 0.00 0.00 1.00 0.00 1.00 18.00 Amphetamine 0800-0900 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Possession of Crack 1 0 1 0900-1000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16.00 1000-1100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Possession of Other Class a 1 1 2 1100-1200 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 14.00 Drug Poss. Crack with Intent to 0 1 1 1200-1300 0.00 0.00 1.00 0.00 2.00 1.50 0.00 4.50 12.00 Trafficking Supply 1300-1400 0.00 0.00 0.00 0.00 0.00 0.50 1.00 1.50 Page 91 1400-1500 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.00 Possess W/Intent Class a 3 2 5 1500-1600 0.00 0.00 0.00 1.00 0.00 0.00 0.00 1.00 Cocaine 8.00 1600-1700 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Possess W/Intent Other Class 1 1 2 1700-1800 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 a 1800-1900 0.00 0.00 0.00 0.00 0.00 1.00 0.00 1.00 1900-2000 0.00 0.00 1.00 1.00 0.00 0.00 0.00 2.00 4.00 Possession W/Intent Cannabis 3 1 4 2000-2100 0.00 0.00 0.00 1.00 0.00 1.00 0.00 2.00 2.00 Production Of Cannabis 0 1 1 2100-2200 0.00 0.00 1.00 0.00 0.00 3.00 0.00 4.00 Production of Class a - Cocaine 1 0 1 2200-2300 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2300-0000 0.00 0.00 0.00 0.00 0.00 1.00 0.00 1.00 Supply of Class a - Cocaine 0 1 1 Total 0.00 0.00 4.00 3.00 6.00 16.00 9.00 38.00 Supply of Class a - Mdma etc 0 1 1 • Drug Offences are Police-generated offences. The number of drug offences Supply of Unspecified Drug 0 6 6 recorded is a fraction of the offences that are believed to take place. Supply/Offer to Supply 1 1 2 Cannabis • In 2019, drug offences were recorded overwhelmingly in the early hours of TOTAL DRUG OFFENCES 35 51 86 Saturday morning. 66% of drug offences were recorded to take place on Friday and Saturday NTE.

PPARS Intelligence & Improvement Service Data measured from 01/01/2019 to LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS 31/12/2019 unless specified TIME OF DAY ANALYSIS – DISORDER AND SEXUAL OFFENCES 2019 RECORDED OFFENCES – 2019 + 2020

MON TUE WED THU FRI SAT SUN Total Highest risk 2019 2020 TOTAL 0000-0100 0.05 1.00 0.07 0.00 2.22 3.06 3.05 9.45 Moderately high risk Criminal Criminal Damage 37 19 57 0100-0200 4.05 0.05 0.07 0.00 0.22 3.40 4.05 11.83 Moderate risk Damage 0200-0300 0.05 1.05 0.07 0.00 2.22 4.40 4.38 12.17 Moderately low risk 0300-0400 1.05 0.05 0.07 0.00 1.22 3.06 2.38 7.83 Lowest risk 0400-0500 0.05 1.05 0.07 0.00 0.22 0.53 2.38 4.30 Public Order Public Order Offence S4 Poa 12 9 21 0500-0600 1.05 1.05 0.07 0.00 0.22 1.53 0.05 3.97 86 0600-0700 0.05 0.05 0.07 0.00 0.22 0.39 2.55 3.32 DAY BY DAY - 2019 0700-0800 0.05 0.05 0.00 1.00 0.22 0.39 0.55 2.26 Public Order Offence S4A Poa 16 12 28 0800-0900 0.05 0.05 0.00 0.00 0.19 0.30 0.05 0.63 30.00 86 0900-1000 0.04 0.34 1.00 0.00 0.12 1.13 0.13 2.76 Public Order Offence S5 Poa 1 4 5 1000-1100 0.16 1.34 0.00 0.00 0.02 1.06 0.13 2.72 25.00 86 1100-1200 0.16 0.34 0.00 0.05 0.02 0.06 0.13 0.76

1200-1300 0.16 0.34 0.00 0.05 0.02 0.06 2.13 2.76 Violent Affray 15 10 25 Page 92 20.00 1300-1400 0.16 0.34 0.00 1.05 0.02 0.06 0.13 1.76 Disorder 1400-1500 2.14 0.14 0.00 2.05 1.02 1.06 0.13 6.54 15.00 1500-1600 1.14 0.14 0.00 0.05 0.02 1.06 1.13 3.54 Sexual Other Sexual Offences 17 8 25 1600-1700 0.14 0.21 1.00 0.05 1.02 0.06 1.13 3.60 Offences 1700-1800 2.34 0.21 3.00 0.11 2.02 0.06 0.13 7.87 10.00 Rape 3 4 7 1800-1900 0.21 0.21 0.00 0.11 1.06 0.06 0.13 1.78 1900-2000 0.21 0.21 1.00 1.11 2.13 0.02 0.13 4.81 2000-2100 1.21 0.12 0.00 3.11 0.13 2.02 1.13 7.72 5.00 2100-2200 0.21 0.07 1.00 0.11 0.22 1.02 0.13 2.76 2200-2300 0.01 0.07 1.00 1.11 0.22 1.05 1.05 4.51 0.00 2300-0000 0.01 0.07 0.00 1.11 1.06 1.05 1.05 4.35 Total 14.72 8.53 8.47 11.06 16.10 26.94 28.18 114.00 • Disorder-related and Sexual Offences were significantly higher in 2019 than 2020. These offences are not inherently associated with NTE criminal behaviour, however we can see from the temporal analysis that they overwhelmingly took place in the early hours of Saturday and Sunday morning in 2019.

• This temporal analysis shows the correlation between Clapham NTE operating and Criminal Damage, Public Order, Violent Disorder and Serious Sexual Offences taking place.

PPARS Intelligence & Improvement Service Data measured from 01/01/2019 to LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS 31/12/2019 unless specified TIME OF DAY ANALYSIS – THEFT & ROBBERY OFFENCES - 2019 RECORDED OFFENCES – 2019 + 2020 MON TUE WED THU FRI SAT SUN Total Highest risk 2019 2020 TOTAL 0000-0100 3.59 1.05 1.06 3.16 4.28 11.90 42.50 67.54 Moderately high risk 0100-0200 3.67 1.05 0.06 0.63 5.28 20.05 88.31 119.05 Moderate risk Theft Theft Not Classified 662 281 943 0200-0300 4.08 0.55 0.06 4.13 4.57 23.55 62.24 99.18 Moderately low risk 0300-0400 1.78 0.55 0.06 1.63 3.37 13.11 32.92 53.43 Lowest risk Elsewhere 0400-0500 0.38 1.55 0.06 1.13 2.51 16.11 15.52 37.26 0500-0600 1.38 0.22 0.64 0.13 0.51 6.62 3.87 13.36 Theft From The Person of 40 14 54 0600-0700 2.38 1.22 0.58 2.13 0.57 1.57 3.00 11.45 DAY BY DAY - 2019 Another 0700-0800 0.38 0.22 1.58 1.04 0.49 2.24 1.77 7.72 0800-0900 1.18 0.05 0.25 0.04 1.07 0.93 1.21 4.74 300.00 Robbery Racial Incident 6 5 11 0900-1000 1.46 0.01 0.00 0.04 3.07 1.83 0.79 7.20 1000-1100 0.46 0.01 1.00 4.04 3.56 0.82 0.70 10.59 250.00 Assault W/I Rob Personal 1 2 3 1100-1200 1.39 1.01 1.07 0.08 4.44 2.88 0.60 11.47 1200-1300 1.37 2.32 0.07 1.45 7.32 5.29 1.88 19.69 200.00 Property 1300-1400 3.37 0.32 0.40 1.61 2.24 5.01 4.38 17.33 Robbery of Personal Property 65 37 102 Page 93 1400-1500 3.29 4.32 1.40 0.95 2.91 2.04 2.38 17.28 1500-1600 3.79 0.32 2.40 1.61 6.91 3.81 2.81 21.64 150.00 1600-1700 2.79 1.57 2.40 0.61 2.24 3.84 0.89 14.34 TOTAL THEFT AND 774 339 1113 1700-1800 3.66 5.57 3.57 4.78 5.91 3.76 2.89 30.13 100.00 1800-1900 3.05 7.07 2.57 2.98 3.91 6.99 1.89 28.46 ROBBERY OFFENCES 1900-2000 2.55 5.57 2.74 1.31 7.66 8.66 4.39 32.88 50.00 2000-2100 3.55 2.57 5.33 1.48 3.33 8.86 2.73 27.84 2100-2200 2.05 2.07 1.83 2.48 3.14 6.02 2.07 19.65 2200-2300 0.55 2.57 2.83 3.42 4.59 19.72 0.82 34.50 0.00 2300-0000 0.05 1.57 0.66 5.62 13.80 37.90 3.66 63.26 Total 52.21 43.29 32.63 46.50 97.66 213.47 284.25 770.00 • Theft and Robbery Offences make up 49.5% of all crimes that took place in Clapham CIZ in 2019. There are an alarmingly high proportion of Robbery offences in particular making up 7% of all offences in Clapham CIZ, in comparison to 3% of all crimes across the rest of the Borough.

• This temporal analysis shows a strong correlation between Theft and Robbery Offences taking place and the Clapham NTE on Friday and Saturday. 37% of all Theft and Robbery Offences in Clapham CIZ happen in five (5) hours between 23:00 on Friday night and 04:00 on Saturday morning.

PPARS Intelligence & Improvement Service CONTACT PPARS INTELLIGENCE & IMPROVEMENT SERVICE Page 94

www.lambeth.gov.uk/asb-help

[email protected]

PPARS Intelligence & Improvement Service Page 95

Thomas Dunn

From: Thomas Dunn Sent: 22 March 2021 15:39 To: Thomas Dunn Subject: FW: 16 clapham high street licence

From: Michell Howard Sent: 20 March 2021 13:40 To: Licensing Subject: 16 clapham high street licence

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear sir or madem to whom it may concern I object to the licensing for a late night refreshment at 16 Clapham high street London sw4 7ut on the grounds that the hours are Monday to Sunday till 3 am in the morning. This is a problem I think as it will increase noise nuisance crime and disorder public nuisance and public safety at early hours and which can lead to the emergency services being called to the area with the lights and sirens on and that will affect our lives greatly I don’t think this premises needs to go to 3 am every day when quite frankly they can stop trading at 11 pm, there is no need to grant another premises That sort of responsibility and power over the residents of Clapham High Street I strongly contest this application on the grounds of mentioned above yours sincerely Mitchell Howard

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Thomas Dunn

From: Thomas Dunn Sent: 22 March 2021 15:30 To: Thomas Dunn Subject: FW: 16 Clapham high street London sw4 7ut

From: Thomas Reed Sent: 20 March 2021 12:51 To: Licensing Subject: 16 Clapham high street London sw4 7ut

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear sir madam

To whom it may concern

I object to the licensing for a late night refreshment at 16 Clapham High Street London SW4 7UT

I have been living in Clapham for over 35 years And I have seen it changed a lot over the years there is a lot of late like licensing in the area already and because of that noise nuisance is an issue with delivery drivers and operating till the early hours of the morning by the businesses. This business 16 Clapham High Street London SW4 7UT is applying to extend the hours of operation till 3am every day I strongly object to this if there was a 3 am closing time this will lead to crime and disorder public safety public nuisance and noise nuisance to rise in the area which is already populated with this sort of establishments, As an individual suffering with anxiety disorder this will have a mental impact in my day-to-day life my living conditions sleep Late night noise would be extremely disturbing to us and, I would not wish to object the establish of local businesses particularly given their current economic challenges they currently face however this should not come at the expense of residents. As I said before the area is already married with noise problems affecting its residents which cause damage to the fabric of our local community clapham High Street already offers a wide range of late night and music entertainment options to people in the area this will have an impact on the residents adding another late night establishment to the area Will have an impact on the residents with antisocial behaviour which is highly questionable. On inspection of the applicant this premises was not a hot food business before and I was wondering when they’ve got a hot-food license and how it was granted there was no notice up or any letter from the council to say the hot-food license will be applied for. I strongly object to this license and please consider the residents from around the property Who also have their own lives to live and work.

My kind regards Thomas Reed Clapham high street London sw4 Phone

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Thomas Dunn

From: Thomas Dunn Sent: 22 March 2021 15:40 To: Thomas Dunn Subject: FW: Objection to the application for a late night refreshments licence for 16 Clapham High Street, London, SW4 7UT

From: < Sent: 20 March 2021 18:58 To: Licensing Subject: Objection to the application for a late night refreshments licence for 16 Clapham High Street, London, SW4 7UT

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Sirs

I wish to object in the strongest terms in relation to the application for a late night refreshments licence for the above named premises.

My objection is based on the increased probability of public nuisance and noise nuisance adversely affecting myself and my fellow residents living in close proximity to the premises and to the general safety of the public at large.

The thought of public and noise nuisance on a daily, 365 day a year occurrence is unacceptable and would be in breach of the first threshold of civil law, that being 'reasonableness'.

In conclusion I believe granting the late licence would prove to be detrimental to myself, my fellow residents and to the general safety of the public.

Yours faithfully

Peter D Elliott Clapham High Street London SW4

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From: Sent:Wed, 24 Mar 2021 11:04:10 +0000 To:Thomas Dunn Subject:Re: Objection to the application for a late night refreshments licence for 16 Clapham High Street, London, SW4 7UT

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Tom

Nice to be in touch with you again, although perhaps not so nice for you!

I understand each application has to be judged on its own merits whilst I also understand that Lambeth are not going to refuse an application on supposition of what may happen. The fact is there is a much bigger picture here in that in close proximity we already have the 'Tropix' bar with a 3.00am licence and 'Mosquito' with a 6.00am licence. You will recall last summer I had to call the police on two separate occasions to break up public nuisance outside the 'Tropix' bar and also reported to Lambeth I believe on 3 occasions public and noise nuisance outside the 'Tropix' bar. With the government giving local authorities carte blanche to allow further outside seating for licences premises I can see further problems arising with yet a third licenced premises ('Ritto's') being given a late licence. I am still at a loss as to how these licences extend to outside drinking which last summer lead to public nuisance sometimes until 6.00am: can you clarify why these licences do not call for patrons to have to be inside the premises after 12.00am? Just one further question: has Lambeth ever refused a late licence application on Clapham High Street?

Kind regards, Pete

On Wed, Mar 24, 2021 at 10:00 AM Thomas Dunn wrote: Dear Peter,

Thank you for your representation in respect of the above application.

I will be in touch shortly after the consultation end date to provide details regarding a Licensing Sub-Committee meeting, which will be required to determine this application (unless all representations are withdrawn).

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If you have any questions for me at this stage or would like more information regarding the process, please do not hesitate to contact me.

Kind regards,

Tom Dunn

Licensing Officer

London Borough of Lambeth

Public Protection and Regulatory Services

Resident Services

Lambeth Council

3rd Floor Civic Centre

6 Brixton Hill

London, SW2 1EG

Phone: 020 7926 1866

Email: [email protected]

Website: http://www.lambeth.gov.uk/licensing/

Items by post should be sent to:

London Borough of Lambeth, Public Protection, PO Box 734, Winchester SO23 5DG

Items for courier or hand delivery should be delivered to:

London Borough of Lambeth, Public Protection, Civic Centre, 6 Brixton Hill, LONDON, SW2 1EG This page is intentionally left blank Page 101 Annex E

Thomas Dunn

Subject: RE: ritto's staying open after 11:00 am 21/00060/PRMNEW

From: Thomas Reed Sent: 20 April 2021 13:35 To: Licensing Subject: ritto's staying open after 11:00 am

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

dear sir madam I am emailing you about 16 Clapham High Street SW47UT the business name is ritto’s, this Business has recently been applying for a late Night refreshment license But I have checked on the website that he is going to the committee in July however, he is still trading after 11 o’clock every day where he has customers in the shop and Drivers coming for pick-ups after 11 pm this goes on sometimes for after 12 am and sometimes till 01:00 01:30 am on the weekends. he is pulling his shutters down after 11:00 but he is still serving customers until the early hours. I am sure he can’t be doing this as he does have the license to do this. He is not following the rules and has no respect for the businesses who have got their license and residents who are living in and around the high street. it’s a shame that people don’t abide by the rules. please send your enforcement officers as the noise nuisance affects my health. if they come after 11:00 they will see that he is still trading.

My kind regards Thomas Reed Clapham high street London sw4 Phone

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Thomas Dunn

Subject: 21/00060/PRMNEW - Ritto's, 16 Clapham High Street, SW4 7UT

From: joe Mar Sent: 27 April 2021 16:15 To: Thomas Dunn Subject: Re: 21/00060/PRMNEW - Ritto's, 16 Clapham High Street, SW4 7UT

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mr Thomas ,

We never trade after the operation hours and we already put the shutter daily at 11pm , only sometimes we are waiting for drivers to collect orders which is already been made before 11pm , the staff they start the cleaning process as we stop receiving customers at 11pm , if any one complaining will be based on buisness competition and they can only prove that if they has a printed receipt that i served them after 11pm which doesn’t exist !! but it doesn’t mean that everyone has to evacuate the premises at 11pm , sometimes i stay personally in the shop to check the stock , I don’t think the law will stop me from staying in my premises at anytime, if you still got any doubt you can always send council inspectors anytime , thanks

On Tue, 27 Apr 2021 at 16:03, Thomas Dunn wrote:

Dear Ahmed,

I hope this email finds you well.

I wanted to reach out as we have received a complaint in relation to your premises, that you may be providing late night refreshment before your licence application has been determined.

This email is to serve as a reminder that until a premises licence is granted, you are unable to carry out late night refreshment.

Please also be advised that two visits were conducted at your premises last Friday & Saturday night during the hours 11pm & midnight. During this time we found the shutters to be down, lights to be off and no members of staff appeared to be on the premises. Therefore, we have advised the complainant of this and that unless any unauthorised activities are identified, we will be taking no further action.

Kind regards,

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Tom Dunn

Licensing Officer

London Borough of Lambeth

Public Protection and Regulatory Services

Resident Services

Lambeth Council

3rd Floor Civic Centre

6 Brixton Hill

London, SW2 1EG

Phone: 020 7926 1866

Email: [email protected]

Website: http://www.lambeth.gov.uk/licensing/

Items by post should be sent to:

London Borough of Lambeth, Public Protection, PO Box 734, Winchester SO23 5DG

Items for courier or hand delivery should be delivered to:

London Borough of Lambeth, Public Protection, Civic Centre, 6 Brixton Hill, LONDON, SW2 1EG

We are working with our partners to build a #BetterLambeth - find out more at http://love.lambeth.gov.uk/better

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Thomas Dunn

From: Thomas Dunn Sent: 11 May 2021 12:05 To: Thomas Reed Subject: RE: ritto's staying open after 11:00 am 21/00060/PRMNEW

Dear Thomas,

Thank you for your email.

We again visited the premises over the weekend and on this occasion we entered the premises just after 11pm to be told by staff they were closed. It appeared they were cleaning/tidying before leaving the premises at 23:30. We also carried out checks prior to our visit on Uber Eats, Just Eat and Deliveroo for both Ritto’s and Flip the Bird, all stated the premises were closed for orders.

As we have been unable to identify any unauthorised late night refreshment, could you please provide evidence of when the orders within your email were made. We require confirmation that they were placed after 11pm.

In any event, I will include this as supporting information to your representation, which will be considered by the Sub-Committee.

Kind regards,

Tom Dunn Licensing Officer London Borough of Lambeth Public Protection and Regulatory Services Resident Services Lambeth Council 3rd Floor Civic Centre 6 Brixton Hill London, SW2 1EG

Phone: 020 7926 1866 Email: [email protected] Website: http://www.lambeth.gov.uk/licensing/

Items by post should be sent to: London Borough of Lambeth, Public Protection, PO Box 734, Winchester SO23 5DG

Items for courier or hand delivery should be delivered to: London Borough of Lambeth, Public Protection, Civic Centre, 6 Brixton Hill, LONDON, SW2 1EG

Public Access - for information on current licences and new applications please use the following link http://planning.lambeth.gov.uk/online- applications/search.do?action=simple&searchType=LicencingApplication We are working with our partners to build a #BetterLambeth - find out more at http://love.lambeth.gov.uk/better

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From: Thomas Reed Sent: 01 May 2021 13:21 To: Thomas Dunn Subject: Re: ritto's staying open after 11:00 am 21/00060/PRMNEW

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

dear Thomas Dunn I have asked the businesses in the area to help me obtain some evidence of Ritto’s trading after 11:00 pm, and I have two pictures of delivery drivers showing the time and which shop it is. Ritto’s is still trading on Uber, deliveroo, and Justeat under the name “Flip the Bird” which the shop is doing after 11:00 pm. When I asked neighbors if they can help they were very surprised that he was still trading after 11:00 pm and told me that they thought he had a late-night license, and that’s why they didn’t take much notice.

But after I pointed this out a few businesses said that Ritto’s was staying open till 1:00 am on weekdays and 2:00 am on weekends. Last Sunday Ritto’s closed at 12:00 am, Ritto’s is pushing their luck. After your visit the business is closing around 11:30-11:45 but, on weekdays it is after 12:00 am. he should not be able to get away with this.

Now I have a business to help me I will be sending more evidence of him trading at hours after 11:00 pm.

The way he does it is that he pulls the shutters on one side but leaves the kitchen side up where there’s a sliding window to the kitchen, and thats how he passes food to delivery drivers and customers. He leaves the kitchen light on but turns all the other lights off.

I think you should not grant his application on the grounds that he is violating his license conditions and if he was to obtain one for 3:00 am then he will go on till 4:00 am or 5:00 am. He is not an honest person he is very tricky and has no respect for athority. I have attached the images at the bottom.

My kind regards Thomas Reed Clapham high street London sw4 Phone

On Tue, Apr 27, 2021 at 3:52 PM Thomas Dunn wrote:

Dear Thomas,

Further to the emails below, I can confirm two visits were carried out over the weekend on both Friday & Saturday night.

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The visits were carried out between 11pm & midnight, on both occasions the premises were closed with shutters down, lights off and no visible sign of members of staff at the premises. The visiting officers also checked Deliveroo to ensure the premises were no longer taking orders online, which they were not.

On this occasion we haven’t found the premises to be carrying out unauthorised licensable activities and therefore will be taking no further action at this stage.

Should you be able to provide further information/evidence contrary to this, please do let me know.

Kind regards,

Tom Dunn

Licensing Officer

London Borough of Lambeth

Public Protection and Regulatory Services

Resident Services

Lambeth Council

3rd Floor Civic Centre

6 Brixton Hill

London, SW2 1EG

Phone: 020 7926 1866

Email: [email protected]

Website: http://www.lambeth.gov.uk/licensing/

Items by post should be sent to:

London Borough of Lambeth, Public Protection, PO Box 734, Winchester SO23 5DG

Items for courier or hand delivery should be delivered to:

London Borough of Lambeth, Public Protection, Civic Centre, 6 Brixton Hill, LONDON, SW2 1EG

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