Greenwich Council

Decision details

Enderby House, Enderby Wharf, Christchurch Way, Greenwich SE10

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decision:

Application for a new Premises Licence for Enderby House, Enderby Wharf, Christchurch Way, London, SE10 0AG

 

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.

 

Upon consideration of all the written representations, submissions and evidence put before it the Sub-Committee decided to grant a Premises Licence as follows:

 

The Supply of Alcohol, for consumption on and off the premises:

Monday – Wednesday from 8am to 11.30pm

Thursday to Saturday from 8am to midnight

Sunday from 8am to 11pm

 

The Provision of Late Night Refreshment:

Monday to Wednesday from 8am to 11.30pm

Thursday to Saturday from 8am to Midnight

 

Premises shall be open for licensable activities:

Monday – Wednesday from 8am to midnight

Thursday to Saturday, from 8am to 12.30am the next day

Sunday from 8am to 11.30pm

 

The premises licence shall be subject to the conditions offered and agreed by the applicant as amended by the Sub-Committee as follows:

 

1.    The ground floor external area will not be used by customers eating and drinking after 10:30pm on Sunday to Wednesday and 11pm on Thursdays to Saturdays.

 

2.    The first floor terrace will not be used by customers after 10pm on Sundays and 10:30pm on Mondays to Saturdays.

 

3.    All CCTV recordings shall be maintained for a minimum of thirty-one (31) days with date & time-stamping.  Cameras shall be installed so as to cover both internal and external areas of the premises.  At least one camera shall cover ingress/egress points and at least one other camera shall cover the alcohol display area;

 

4.    Staff shall be fully trained in the operation of the CCTV system and there shall be at least one member of staff on duty during trading hours who is able to provide copies of CCTV recording to the Police and authorised offices of the Local Authority with the minimum of delay;

 

5.    The Challenge 21/”Think 21 or Challenge 25/Think 25” proof of age scheme will be incorporated at the premises.  All customers who appear under the age of 21 or 25 as appropriate shall be challenged to prove that they are over 18 when attempting to purchase alcohol.  Acceptable forms of ID include a photo driving licence, passport, or home office approved identity card baring the holographic ‘PASS’ mark.  If the persons seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person;

 

6.    A Duty Manager’s log shall be kept at the premises, and made available on request to any Police Officer, Police Community Safety Officer, or authorised Local Authority Officer.  This log shall record the following:-

o   All crimes reported to the venue;

o   All ejections of patrons;

o   Any complaints received;

o   Any incidents of disorder;

o   All seizures of drugs or offensive weapons;

o   Any faults in the CCTV systems;

o   Any refusal of the sale of alcohol;

o   Any visit by a relevant authority or emergency service

 

7.    On the first floor roof terrace customers will not be able to purchase alcohol directly from a bar servery and a waiter/waitress service will be available whenever it is open to the public;

 

8.    A direct line contact telephone number for the premises will be made available on site for use by local residents, and a telephone number shall also be available on the pub website if it has one or on the Young’s website, and any complaints received shall be recorded in writing.

 

9.    Notices shall be prominently displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly, and to also state “Please be aware you are close to family homes.”

 

10.Management should make regular checks outside the premises to ensure that noise from the premises or patrons is not affecting neighbouring residential properties.

 

The Sub-Committee imposed additional conditions as follows:

 

11.Alcohol shall only be served and consumed ancillary to a table meal on the first floor terrace after 9pm

 

12.Smoking shall only be permitted within a designated area on the external ground floor terrace furthest away from residential dwellings and nearest to the river.

 

The Sub-Committee noted that the Police, Environmental Health and Public Health had reached agreement with the applicant and their representations were withdrawn subject to conditions being agreed with the applicant. 

 

The Sub-Committee noted the large numbers of representations in support of the application and also the large number of objections against the proposal. The Sub-Committee noted that those who objected to the application did not, largely, object in principle to the grant of the premises licence but to the opening hours on the grounds of noise and public nuisance. The Sub-Committee noted that the applicant had in response to the representations, has submitted reduced hours for licensable activities given the proximity of the premises to residential dwellings, some of which were just a few metres away.

 

Submission were received from James Andersen solicitor for the applicant company and David Way, operations manager. It was conveyed to the Sub-Committee that there has been a missed response to the application and in response the application had been amended, the applicant wanted to work with the residents and wanted to address concerns regarding disturbance. The first floor external area was to be seating and dining area and most rooms will be for dining. Soft furnishings will be used to absorb as much noise as possible and the external area has a glass balustrade. It was accepted there would be increase in noise in the summer at first floor level, however, it will be managed, and the first floor terrace has limited capacity. It was emphasised that there is no bar on the first floor terrace and customers would be served by waiter service only. The premises was not a stand alone pub but a dining offer was being provided. The applicant offered a condition that smoking will only be permitted in a designated area on the ground floor.

 

The Sub-Committee heard submissions from Mr Walkinshaw, Mr Tang, Mr Prest, Mr Gavriloff, Mr Hardwick and Mr Chattopadhyay. The concerns expressed to the Sub-Committee included noise, lateness of the hours for opening of the premises, masses of people standing outside during the summer, safety of children playing outside, smoke pollution from patrons smoking outside, that none of the people supporting the application were present for the hearing,  that problems would arise from the sale of alcohol for consumption off the premises and use of the public areas on the waterfront by those individuals, noise from extraction units of the premises. There was submission that the external closing hours should mirror other premises nearby, including the Cutty Sark Tavern.

 

The Sub-Committee considered that the conditions offered and agreed by the applicant and those amended and imposed by the Sub-Committee, properly promoted the licencing objectives. 

 

No decision made by the Council will have effect during the time period within which an appeal may be brought and until such time that any appeal has been determined or abandoned.

 

The applicant or any other person who made relevant representations may appeal against the Council’s decision to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from service of the written decision notice.

 

 

 

Report author: Steve McNally

Publication date: 06/12/2018

Date of decision: 29/11/2018

Decided at meeting: 29/11/2018 - Licensing Sub-Committee A

Accompanying Documents: