Greenwich Council

Agenda, decisions and minutes

Venue: Committee Room 6 - Town Hall, Wellington Street, Woolwich SE18 6PW. View directions

Contact: Nassir Ali  Email: Nassir.Ali@royalgreenwich.gov.uk or tel: 020 8921 6160

Items
No. Item

1.

Apologies for Absence

To receive apologies for absence from Members of the Sub-Committee.

Minutes:

There were no apologies for absence.

2.

Urgent Business

The Chair to announce any items of urgent business circulated separately from the main agenda.

Minutes:

There was no urgent business.

3.

Declarations of Interest pdf icon PDF 46 KB

Members to declare any personal and financial interests in items on the agenda.  Attention is drawn to the Council’s Constitution; the Council’s Code of Conduct and associated advice.

Additional documents:

Minutes:

Resolved –

 

That the list of Councillors’ memberships as Council appointed representatives on outside bodies, joint committees and school governing bodies be noted.

4.

Minutes pdf icon PDF 82 KB

Members are requested to confirm as an accurate record the Minutes of the meeting held on 04 April 2018.

 

No motion or discussion may take place upon the Minutes except as to their accuracy, and any question on this point will be determined by a majority of the Members of the body attending who were present when the matter in question was decided.  Once confirmed, with or without amendment, the person presiding will sign the Minutes.

Minutes:

Resolved -

 

That the minutes of the meeting of Licensing Sub-Committee ‘C’ held on ### be agreed and signed as a true and accurate record.

5.

McDonalds Restaurants Limited, Eltham Road, Eltham, London SE9 5LN pdf icon PDF 347 KB

Application to vary the premises licence

Additional documents:

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 variation of the Premises Licence under the Licensing Act 2003 in respect of the

 

McDonalds Restaurants Limited, Eltham Road, Eltham, London SE9 5LN

 

as follows:

 

That the hours for licensable activities

 

 

the provision of late night refreshment (On & Off) shall be

 

Monday – Sunday

23:00 – 05:00

 

 

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

 

Monday – Sunday

24 Hours

 


 

 

The variation is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set out as follows:

 

All existing conditions of the Premises Licence shall remain on the licence except for the following amendments:

1.    Amend Annex 2, Condition 7 to read: “No drinks or food shall be served in glass receptacles”

 

2.    Amend Annex 2, Condition 9 to read: “A log shall be kept of litter patrols of which a full outside litter patrol shall be conducted on an hourly basis between 21:00 hours and 05:00 hours the following day. The log shall be made immediately available immediately on request to a Police Officer, Police Community Safety Officer or other authorised Local Authority Officer.

 

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

 

For the purposes of food delivery from the premises to customers by an organisation such as UberEats, Deliveroo or equivalent - there shall be no collection of food or refreshments from the premises by motorcycles, mopeds or scooters after 1.00am.

 

The Sub Committee’s decision was based on issues raised concerning –

 

Public nuisance, protection of children from harm and public safety.

 

In reaching their decision the Sub-Committee considered –

 

All written representations, the officers’ report and oral submissions made on behalf of the Applicant. The Sub-Committee also heard submissions from interested parties from Councillor Jones on behalf of Graham Key, and David Ingle.

 

The Sub-Committee was aware that the Applicant is already licensed to provide late night refreshment until 1.00am under the existing premises licence and that the variation application was to extend the hours for late night refreshment from 1am until 5am. 

 

The Sub-Committee considered the representations against the variation application and that there would be increased noise and other disturbance to residents by increased vehicles attending the premises and in particular noise from mopeds and motor cycles used for deliveries from the premises used by customers using Ubereats and similar service providers.  The Sub-Committee noted the representations regarding litter generated from the premises and the litter cleaning patrols for  ...  view the full decision text for item 5.

Minutes:

In attendance:

 

Applicant:                                 Paul Donlevey (Licensing manager), Besime Ozdil (Premesis Manager), Leo Charalambides (Counsel)

 

Making Representation:            Councillor Mark James on behalf of Mr Graham Key, Mr David Ignle

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and that all parties were aware of their right to be represented.

 

The Sub-Committee considered an application made by McDonalds Licensing Team for the variation of a Premises Licence in relation to McDonalds Restaurants Limited, Eltham Road, Eltham, London SE9 5LN.

The Licensing Officer gave an illustrated introduction to the report and confirmed there were no amendments.

 

The Sub Committee was addressed by the applicants legal representative who confirmed that the premises had been operating until 1am for 2 years with no issues. He advised that the concerns being raised by the local residents were the same as the ones before, which failed to materialise. He referred to the S182 guidance and the Authorities licensing policy both of which encouraged licenced premises to secure planning permission in line with their licence. He added that all amenity issues were considered as part of the planning approval.

 

The applicant’s legal representative stated that the Responsible Authorities including the police had encouraged the premises to apply for Temporary Event Notices to gage the suitability of a 24 hour licence. He confirmed there were 15 TEN’s, including the Easter break, with no complaints made. He advised the Sub Committee of the upgrade of cameras, outside the premises, that were now able to record car registrations and faces, footage that can be used by responsible authorities.

 

The applicant’s legal representative highlighted the lack of representation from  the Responsible Authorities and stated this suggested that they support the application and felt it was the safest licenced premises in the area. He added there were hourly litter picks from the opening of the premises until closure and that McDonalds policy was to collect all litter . he continued that the day time route for the litter pick was extensive and covered a large part of the local area however the evening litter picks were limited to the immediate area due to a risk assessment. He advised the Sub Committee of the S182 guidance stating licenced premises cannot be held responsible for the actions of their customers when they have taken precautionary steps. He explained that young people were not allowed in the store after a certain time and were moved on.

 

The applicant’s legal representative stated that the advantages of having a 24 hour licence included the improvement of shift and working patterns and ability to vary collection and delivery times. He advised the Sub Committee of the advances in the delivery service ,which had led to more customers ordering food to their homes, explaining that McDonalds had partnered up with Uber Eats and ran a number of test protocols to limit the impact on the local area. He continued that Uber Eats complaints were reviewed and monitored and that McDonalds had  ...  view the full minutes text for item 5.

6.

Simply Fresh, Unit 2 Aperture, 40 Chandlers Avenue, London SE10 0EG pdf icon PDF 255 KB

Application for a premises licence

Additional documents:

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 resolved to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

Simply Fresh, Unit 2 Aperture, 40 Chandlers Avenue, London SE10 0EG

 

as follows:

 

Hours for licensable activities:

 

 

          Provision of Late Night Refreshment shall be

 

Monday – Sunday

23:00 – 00:00

 

 

          Supply of Alcohol for Consumption on the premises shall be

 

Monday – Sunday

09:00 – 23:00

 

 

 

Supply of alcohol for consumption off the premises shall be

 

Monday – Sunday

06:00 – 00:00

 

 

          Hours the premises shall be open to the public:

 

Monday - Sunday

06:00 – 00:15

 

 

The Premises Licence is granted subject to the conditions as are consistent with the Operating Schedule, the conditions volunteered and or agreed by the Applicant as follows:

 

1.    The “Challenge25”/”Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 will 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 bearing the holographic ‘PASS’ mark. If the person 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.

2.    All staff shall be trained in the legal requirements relating to 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, and using the refusal register. Such training, including refresher training, shall be recorded within a training log and provided not less than every six (6) months. The training log will be made available for inspection by Police and authorised persons upon demand.

3.    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 shall be inspected monthly by the Designated Premises Supervisor 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:

·        the identity of the member of staff who refused the sale;

·        the date and time of the refusal;

·        the alcohol requested and reason for refusal;

·        a description of the person refused alcohol.

4.    The following poster shall be displayed conspicuously on the premises in customer facing areas:

·        “Think 25” (or  ...  view the full decision text for item 6.

Minutes:

In attendance:

 

Applicant:                       Sukhjit Khera, Chris Mitchener (Legal Representative)

 

Making Representation:   John McGirr (Public Health), Councillor Stephen Brain, Dr Valerie Wilson Trower

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and that all parties were aware of their right to be represented.

 

The Sub-Committee considered an application made by Sukhjit Khera for the grant of a Premises Licence in relation to Simply Fresh, Unit 2 Aperture, 40 Chandlers Avenue, London SE10 0EG

 

The Licensing Officer gave an illustrated introduction to the report and confirmed there were no amendments.

 

The applicant’s legal representative showed pictures of other Simply Fresh stores stating that the premises would not be a common garden or convenience store and more like a café culture type of premises in the new community hub. He confirmed it was a small store concept and the licence was being applied for as part of the area plan adding that the 3 parts of the application should be looked at separately.

 

The applicant’s legal representative confirmed that the hours being applied for were similar to other local stores and were not excessive. He stated that 11.2 of the authority’s licensing policy allowed for alcohol to be sold in line with normal trading hours. He highlighted the fact that there had been no representation from the police and trading standards.

 

The applicant’s legal representative stated that the representations relating to the possible increase in noise and litter and overall deterioration of the quality life in the area, should the application be granted, were extreme and not evidenced. He added that parking and access concerns were not to be considered as part of the licensing application and confirmed the wholesale deliveries for the store would be conducted between 7am – 7pm.

With regards to the Public Health representation, the applicants legal representative stated that it was not specific to the application and made a number of references to the o2 which was not close to the premises.

In response to questions, the applicants legal representative confirmed the outside seating would be removed at 9pm every evening as conditioned by Environmental Health. he added there would be litter picks in the morning and evening.

 

The Sub-Committee was addressed by the representative from Public Health who confirmed they were seeking a reduction of the hours proposed on the application due to their concerns over the on and off sales of alcohol. He referred to studies on alcohol related crime and the night time economy.

 

The Sub-Committee was addressed by Councillor Stephen Brain who confirmed that the premises was located in a residential area that was densely populated. He stated he had concerns over the suitability of an alcohol licensed premises in the area and questioned the resourcing and management.

 

The Senior Prosecutions and Licensing Counsel advised Councillor Stephen Brain to not raise any new points as he could only expand on his written representation.

 

The Sub-Committee was addressed by a local resident who spoke in objection  ...  view the full minutes text for item 6.