Greenwich Council

Decision details

North Pole, 131 Greenwich High Road, London, SE10 8JA and South Pole, 131 Greenwich High Road, London, SE10 8JA

Decision Maker: Licensing Review Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

The Licensing Review Sub Committee received a representation from Osman Zinnureyin in relation to the interim steps taken by the Licensing Review Sub-Committee as part of an expedited review under Section 53A of the Licensing Act 2003 (as amended by the Violent Crime Reduction Act 2006) of

 

North Pole, 131 Greenwich High Road, London, SE10 8JA

 

The Licensing Review Sub-Committee agreed that in relation to the North Pole, the interim steps imposed on 4 April 2018 are modified as follows:

 

In relation to the Ground Floor Bar, the suspension is lifted subject to the following conditions:

-      Provision of alcohol, regulated entertainment and late night refreshment (the latter from 11pm) shall be limited to:

o   Monday to Saturday: 11am – 11.30pm

o   Sunday: 10am – 10.30pm

-      On Friday and Saturday three SIA approved door staff shall be on the premises from 9pm until close

-      On Friday and Saturday after 9pm, an ID Scan system (such as Club Scan or equivalent) shall be used for all customers entering the premises, irrespective of whether entering from outside or from the first floor restaurant.

-      The door to the basement bar (South Pole) shall remain shut and locked at all times that the premises is open to the public

 

Otherwise in relation to the First Floor Restaurant, the interim steps continue as before with a slight amendment (underlined), namely:

-      The terminal hour for all licensable activities shall be reduced to 11.30pm Monday to Saturday and 10.30pm on Sunday

-      The Supply of alcohol in the first floor restaurant to be ancillary to the consumption of a table meal

 

In relation to the whole licence, the following conditions are added:

-      The Opening Hours are amended such that the premises will be closed by:

 

o   Monday to Saturday: 0.00am

o   Sunday: 11pm

-      The premises shall be cleared of all customers by closing time

-      Only alcohol purchased on the premises may be consumed on the premises

-      Osman Zinnureyin is removed as DPS

-      No licensable activities shall take place until a new DPS is appointed who must be approved by the Police

 

In addition the Sub-Committee imposed the conditions contained in the Action Plan of November 2017, with slight amendments:

-      The back garden shall be clear of customers by 10.30pm and not used thereafter

-      Customers wishing to smoke shall be directed to a “smoking area” at the front of the premises or as otherwise agreed with the Licensing Authority or Police. Smokers outside the front of the premises will be limited to 15 persons.

-      Signage will be in place reminding customers to “Please respect our neighbours and keep noise to a minimum whilst in the area” in any external areas which are accessible to customers.

-      The premises shall not host any externally promoted events

-      The premises licence holder will install, operate and maintain a digitally recorded CCTV system on the premises. This shall cover both internal and external areas. Cameras shall be located by all ingress/egress points that shall be capable of capturing an image of evidential standards. This shall include any search areas. Any CCTV footage shall be kept for a minimum of 31 days and shall be made available to police or any other responsible authority as practicable and in any event within 72 hours of being requested, in accordance with Data Protection and the company’s registration with the Information Commissioner. There is to be a member of staff present on the premises at all times whilst the premises are open who is trained to operate the CCTV system.

-      The Challenge 25/Think 25 proof of age scheme shall be operated at the premises. All customers who appear to be under the age of 25 will be challenged to prove that they are over 18 when attempting to purchase alcohol. Acceptable forms of ID are limited to photo driving licence, passport or Home Office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of ID, no sale or supply of alcohol shall be made to or for that person.

-      A refusals log must be kept at the premises and made immediately available on request to the Police or an “Authorised Person”. The Refusals Log is to be inspected on a monthly basis by the DPS and noted in the log and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following

o   The identity of the member of staff who refused the sale;

o   The date and time of the refusal;

o   The alcohol requested and reason for refusal;

o   Description of the person refused alcohol.

-      All staff shall be trained in the law about the sale of alcohol. Such training will include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the Refusals Log. Such training (including refresher training) will be logged and provided not less than every 12 months. The training log will be made available for inspection by Police and “Authorised Persons”.

-      The following posters shall be displayed conspicuously on the premises in customer facing areas:

o   ‘Think 25’ to advise potential purchasers that suitable proof of age will be required for all purchasers who appear to be under 25

-      When the premises are open for business the DPS must be present at the premises and responsible for the management of the premises. When the DPS is away a nominated deputy who holds a personal licence and whose details have been provided to the police in advance shall fulfil this role.

-      Hand held or archway metal detectors will be used as appropriate when carrying out searches

-      The management shall have a search policy for the premises as a condition of entry, any patron refusing to be searched shall be refused entry

-      Where use of an ID scan system is required, all patrons shall be logged onto the system as a condition of entry

-      Customers shall not be permitted to take open drinking vessels with them when they leave the premises or into any designated smoking area.

-      The Premises Licence Holder/DPS shall have a written dispersal policy with regards to minimizing any noise disruption during closure of premises. This shall include:

o   Customers who have pre-ordered taxis shall be encouraged to remain within the premises until their taxis arrive;

o   Taxi telephone numbers shall be available for all customers;

o   The management shall actively engage with taxis and companies to discourage use of horns on arrival;

o   Any designated smoking area shall be clear of customers at least 15 minutes prior to closing time.

-      Promotional literature including web pages and tickets produced by or for the Licence Holder will give prominence to information regarding public transport options and request patrons to leave the area quietly. References by any such literature regarding road access by private transport will be subordinate to references to travel by public transport. Literature will also refer to the existence of controlled and restricted parking zones within the local area.

-      Notices will be displayed stating that the proprietors will not tolerate drug use on the premises.

-      A Noise Limiting Device (of a type to be approved by the Pollution Team) shall be installed governing all music systems. The limiting device should be set by a qualified acoustic consultant to ensure inaudibility in all nearby noise sensitive premises, and a certificate of compliance should be submitted to the Royal Borough of Greenwich Environmental Health Pollution Team. The device should be controlled by the Licensee and kept in a locked tamper proof box.

-      Regulated Entertainment shall not be permitted to play in any of the external areas of the premises nor shall any music played within the building or amplified music or voices be audible at the façade of all noise sensitive premises.

-      Doors and windows shall remain closed during regulated entertainment, except for ingress and egress.

-      There will be no dedicated dance floor on the premises

 

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.

 

The Sub-Committee considered the evidence presented by the Police in their application for an expedited Review under s53(a) (1)(b) of the Licensing Act 2003.

 

At the point of the hearing there was a significant degree of agreement between the parties regarding the interim steps. In particular it was agreed that the steps regarding the restaurant should remain and the Ground Floor Bar could re-open with additional conditions and restrictions. The Sub-Committee agreed that the proposed steps were necessary to prevent serious crime and disorder, but also proportionate so as not to limit the premises beyond what was required.

 

The only issue which was not agreed was the hours for provision of alcohol. The Sub-Committee considered the submissions of Gary Grant, Counsel for the Licence-Holder, who asked that the premises be allowed to provide alcohol until 1am. He referred to the crime reports produced in the Review and the late hours of most criminal incidents. He referred to comments made by the police investigating the recent murder outside, praising the actions of the security staff. He submitted that 1am was proportionate, would effectively limit the likelihood of crime and disorder and would give the licence holder the opportunity to show that the premises can function safely.

 

The Sub-Committee considered the submissions of Heather Oliver, Counsel for the Police, who asked that the premises only be allowed to provide alcohol until 11pm. She emphasised the significant history of the premises attracting an escalating level of criminal activity and the need for there to be confidence that this would cease immediately. She referred to report of the events of 17 February and the fact that they did appear to emanate from the premises as the first point of conflict. She referred to the crime reports and accepted that there did appear to be a late night issue particularly, but it was not only after 1am.

 

The Sub-Committee retired to consider their decision. They were satisfied that the removal of Osman Zinnureyin as DPS with a police-approved replacement, requirement for SIA staff on Friday and Saturday evenings as well as Club Scan, total closure of entrance to the South Pole and further security provided by the terms set out in the Action Plan would be an effective envelope of conditions for the appropriate hours. The Sub-Committee carefully considered the submissions regarding hours and referred again to the crime reports. They accepted that the problem did appear to arise from intoxication late at night, however they were concerned about problems from the South Pole moving to the North Pole bar while the licence was suspended. They considered the interim steps regarding the restaurant (which were agreed by both parties) in particular the hours allowed. They determined that it was necessary to restrict provision of alcohol to 11.30pm, then allowing 30 minutes “drinking up time” so that the premises would be clear of any customers before the early hours of the following morning. They were of the view that these were the least restrictive hours which they could impose and remain confident that the issues of serious crime and disorder would not recur for the period that these steps remain in force.


 

The Licensing Review Sub Committee received a representation from Osman Zinnureyin in relation to the interim steps taken by the Licensing Review Sub-Committee as part of an expedited review under Section 53A of the Licensing Act 2003 (as amended by the Violent Crime Reduction Act 2006) of

 

South Pole, 131 Greenwich High Road, London, SE10 8JA

 

The Licensing Review Sub-Committee decided that in relation to the South Pole, the licence is suspended, as under the interim steps imposed on 4 April 2018.

 

The Sub-Committee was grateful for the agreement of the Licencee to the continued suspension. The Sub-Committee were satisfied on the information before them that only suspension would be sufficient to prevent serious crime and disorder and this was therefore necessary pending the full decision at the Substantive Review Hearing.

 

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.

 

The Sub-Committee considered the evidence presented by the Police in their application for an expedited Review under s53(a) (1)(b) of the Licensing Act 2003. The Sub-Committee heard from the licence holder’s legal representative who confirmed that they would not challenge the interim suspension of the whole licence.

 

The Sub-Committee nonetheless considered the matter fully. In light particularly of the recent murder, apparently escalating levels of criminality attracted to the premises and the sale of (what appeared to be) balloons of nitrous oxide in the bar, they concluded that only complete suspension of the licence would be effective to prevent serious crime and disorder.

 

Report author: Christopher Devine

Publication date: 12/04/2018

Date of decision: 11/04/2018

Decided at meeting: 11/04/2018 - Licensing Review Sub-Committee

Accompanying Documents: