Greenwich Council

Decision details.

Apologies for Absence

Decision Maker: Licensing Sub-Committee B

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all the evidence put before it the Sub-Committee decided to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

Anchor Iron Wharf, Lassell Street, Greenwich, SE10 6PJ

 

as follows:

 

That the hours for licensable activities

 

the supply of alcohol (for consumption on the premises only) shall be

 

Monday to Sunday

11:00 – 23:00 hours

 

the hours that the premises shall be open to the public shall be:

 

Monday – Sunday

11:00 – 23:30 hours

 

The licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set out in paragraph 2.4 of the report.

 

The Sub-Committee also agreed the following additional condition(s):

 

·       The last order for food should be no later than 10pm

 

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014 as follows:

 

1.      No supply of alcohol may be made under the Premises Licence –

(a)  At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or

(b) At a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

 

2.      Every supply of alcohol under the Premises Licence must be made, or authorised by, a person who holds a Personal Licence.

 

3.      -

(1)The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a)  games or other activities which require or encourage, or are designed to require or encourage, individuals to—

(i)    drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)  drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c)  provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e)  dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

 

4.      The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

5.      -

(1)The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a)  a holographic mark, or

(b) an ultraviolet feature.

 

6.      The responsible person must ensure that—

(a)  where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i)     beer or cider: ½ pint;

(ii)    gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii)  still wine in a glass: 125 ml;

(b)these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c)  where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

 

7.      -

(1) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

(2) For the purposes of the condition set out in paragraph 1 –

(a)  “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b)“permitted price” is the price found by applying the formula: P=D+(DxV); where –

(i)       P is the permitted price,

(ii)     D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii)    V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(c)  “relevant person” means, in relation to premises in respect of which there is in force a premises licence –

(i)       the holder of the premises licence,

(ii)     the designated premises supervisor (if any) in respect of such a licence, or

(iii)    the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e)  “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

(3) Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

(4) -

(1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

The Sub Committee’s decision was based on issues raised concerning the prevention of public nuisance, prevention of crime and disorder, public safety and protection of children from harm licensing objectives.

 

In reaching their decision the Sub-Committee considered representations from the applicant and his representative. The applicant’s representative informed the Sub-Committee that conditions had been agreed after consultation with the responsible Authorities as set out in paragraph 2.4 of the Report which addressed the concerns that had been raised by the application. Furthermore, it had been agreed that the licensable hours for the sale of alcohol (for consumption on the premises only) would be from 11:00 hours until 23:30 hours. The Sub-Committee was also informed that the application for the provision of recorded music would be withdrawn thus promoting the public nuisance licensing objective.

 

The applicant’s representative stated that the premises was a restaurant and not a pub and that it would therefore not be run like a high volume drinking establishment. The restaurant would be laid out with table and chairs and there would be waiter/waitress assistance throughout the duration of providing service to customers. It was stated that the presence of a waiter/waitress service would address the concerns raised by the residents concerning noise and nuisance. Customers would be ushered to their seats and not be allowed to take drinks outside the premises. It was envisaged that there would be no more than 3 or 4 persons permitted to smoke outside the premises at any one time although, the agreed licensing condition allowed 10 persons to do so. The applicant’s representative stated that the condition limiting the amount of smokers outside the premises addressed the concerns raised by the proposed application that there would be an increase in the noise level if there were no adequate controls.

 

The Sub-Committee heard that it was intended that the windows would be kept shut as the premises had air conditioners and that although no complaints were anticipated, a complaint log would be kept. It was proposed that a signage asking the customers to leave the premises quietly would be displayed. In addition, a preferred transport service would be retained and a text system alert would be in operation (to avoid the beeping of car horns) upon arrival to pick up customers.

 

The Sub-Committee were told that there was no condition to serve alcohol with meals however, food would be available during the sales of alcohol.

 

The Sub-Committee was informed that the applicant had experience of running restaurants and had run a restaurant at Ilford with 350 covers. It was said that the applicant would be on the premises daily and would be responsible.

 

When asked by the Sub-Committee to explain how waste would be managed, the applicant said that he would retain the waste within the premises until collected by a professional waste contractor. The Sub-Committee accepted the representations of the applicant and gave it weight.

 

The Sub-Committee heard from local residents who were objecting on the basis of the four licensing objectives. The concerns of the residents included:

·       that the noise emanating from the premises would cause a disturbance to residents living above the restaurant

·       that there would be a sale of alcohol unaccompanied by food

·       that the proposed hours of operation would be out of line with surrounding licensed premises which would be a magnet for revellers

·       the storage of rubbish in paladins and the resultant food stench

·       the sound of car tyres on cobbled streets late at night would disturb residents

·       the ventilation/extraction of food smells would produce obnoxious smells

·       the attraction of vermin

·       that the amount of covers that have been allowed was excessive in comparison with the size of the premises

·       that there would be a congregation of people on the railings outside the premises

·       that there was a breach of the head lease which states that tenants could not cause a nuisance or annoyance nor play a musical instrument or use equipment producing sound that could be heard outside the apartment.

 

The Sub-Committee considered the representations of the residents and being mindful of section3.5 of the Royal Borough of Greenwich’s licensing policy (concerning a ‘need to avoid the duplication of statutory regimes’) noted that a number of the concerns fell outside the remit of four licensing objectives and were more appropriate for other statutory regimes such as planning/building control and landlord and tenant matters.

 

The Sub-Committee noted that the Responsible Authorities, namely, the Police, Trading Standards and Environmental Health Pollution Control Team who had made representations on the basis of the prevention of crime and disorder, protection of children from harm and public nuisance licensing objectives, had reached agreement following a consultation with the applicant. The Sub-Committee placed substantial weight on the fact that conditions had been accepted and agreed by the Responsible Authorities.

 

The Sub-Committee took into particular account of section11.3 of the Royal Borough of Greenwich Licensing Policy which states “The Royal Borough will deal with the issue of licensing hours on the individual merits of each application. However, when issuing a licence, stricter conditions will be expected with regard to noise control in the case of premises that are situated in areas that have a greater density of residential accommodation. This will particularly apply in the circumstances where, having regard to the location, size, and nature of the licensed premises, it is likely that disturbance will be caused to residents in the vicinity of the premises by concentrations of people leaving during normal night-time sleeping periods from 23:00 hours to the following 07:00 hours”. The Sub-Committee were satisfied that by the applicant having taken steps to negotiate and agree conditions with the Responsible Authorities that the licensing objectives would be promoted.

 

In reaching their decision, the Sub-Committee considered all the representations placed before it and was minded to grant the premises licence for the supply of alcohol (for consumption on the premises only) on basis that the conditions volunteered and agreed by the Applicant following consultation with the Responsible Authorities, along with the additional conditions were appropriate to promote the licensing objectives of prevention of public nuisance, prevention of crime and disorder, public safety and protection of children from harm licensing objectives. 

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

 

Publication date: 22/05/2017

Date of decision: 15/05/2017

Decided at meeting: 15/05/2017 - Licensing Sub-Committee B