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:

Councillor Denise Hyland stated she had been contacted by one of those  who had made representation supporting the licence holder, confirming she had not responded.

 

Resolved –

 

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

 

4.

Minutes pdf icon PDF 129 KB

Members are requested to confirm as an accurate record the Minutes of the meeting held on 25 April 2018 & 07 June 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.

Additional documents:

Minutes:

Resolved -

 

That the minutes of the meetings of the Licensing Review Sub-Committee held on 24 April and 7 June 2018 be agreed and signed as  true and accurate records.

5.

Jatra Cuisine (formerly Hamro Chautari), 56 Plumstead Road, London SE18 1SL pdf icon PDF 444 KB

Application to review the existing 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 thereunder, and the Guidance issued by the Secretary of State under S.182 of the 2003 Act. In discharging its functions, the Sub-Committee had due regard to the promotion of 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 the application for review of the premises licence brought by the police and all written representations and submissions and evidence put before it, the Sub-Committee resolved to:-

 

a)    Modify the conditions of the Premises Licence as proposed by the police by amending the following conditions of the premises licence:

 

1. Condition 1, Annex 2 – is amended as follows:

The premises shall be clear of all patrons no later than 10 minutes after the terminal time for licensable activities.”

 

2. Condition 5, Annex2   is amended as follows:

 All staff working on a bar or other outlet selling alcohol at the premises shall be trained in the law about the sale of alcohol and must be over 18. Such training shall 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; understanding acceptable forms of ID; and using the refusal log / register. Such training (including any refresher training) shall be logged and provided not less than every six months. The training log shall be made available for inspection by Police and “authorised persons.”

 

3. Condition 6, Annex 2 – is amended as follows::

The Challenge 25 /Think 25 proof of age scheme shall be operated on the premises at all times. All customers who appear under the age of 25 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 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.”

 

4.  Conditions 7 & 8, Annex 2 shall be replaced by the following single condition: “

The following posters shall be displayed conspicuously on the premises in customer facing areas: ‘Think 25’ or similar poster to advise potential purchasers that suitable proof of age will be required for all purchasers who appear to be under 25.”

 

b)   The following conditions shall be added to the premises Licence:

 

1. The DPS or a personal licence holder shall be present at the premises during licensable activities after 20:00 until closure.

 

2. When the CCTV system is not working, all licensable activities shall cease unless it is otherwise agreed in writing with the Police.

 

3. All children under the age of 16 shall not be permitted to be on the premises  ...  view the full decision text for item 5.

Minutes:

In attendance:

Applicant for Review                          PC Giles Balestrini (Greenwich Police Licensing Team)

 

In Support of Review                         John McGrir (Public Health Licensing)

 

Licence Holder                                  Mr Jivan Sen (representative)

Mr Ebuzoeme (Legal Representative)

 

The Sub Committee considered an application by PC Giles Balestrini from the Greenwich Licensing Police Team, for a review of the existing premises license for Jatra Cuisine.

 

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 licence holders legal representative requested that the hearing be  adjourned in absence of the licence holder, who was on holiday and therefore could not give instruction during hearing. Further, the Designated Premises Supervisor for the premises had resigned on the 11 July 2018 and was also not able to attend. He advised that a previous request to adjourn the hearing until Ms Limbu, the licence holder, returned was refused.

 

The Chair confirmed she had been made of aware of the previous request to adjourn the hearing and as notice was provided in advance to the licence holder, and no evidence of when the holiday tickets were purchased had been produced the decision was taken to continue with the review hearing.

 

The licence holders legal representative stated that he had not viewed the video evidence from the Police and had not been provided the full bundle of papers.

 

The Legal Officer confirmed that all the documents would have been included in the paperwork provided to the licence holder and the DVD had been made available for viewing by the Police and could be viewed at the hearing itself.

 

The Chair agreed to an adjournment of 15 minutes to enable the licence holders to review the documents.

 

All parties, with the exception of the Legal Advisor and the Corporate Governance Officer, withdrew at 6.57pm. All parties returned at 7.12pm.

 

The Sub-Committee was addressed by applicant for review, the representative of the Greenwich Police Licensing Team who was opposed to an adjourning the hearing. In the event that the adjournment was granted, he requested that the premises be closed until a hearing is heard, as the Police had no confidence that the premises would promote the licensing objectives.

 

The licence holders legal representative requested a further brief adjournment to receive instruction from Mr Jivan Sen, was representing Ms Limbu the licence holder .

 

All parties, with the exception of the Legal Advisor and the Corporate Governance Officer, withdrew at 7.25pm. All parties returned at 7.31pm.

 

in addressing the Sub-Committee, the licence holder legal representative confirmed he wished to withdraw the request to adjourn the hearing and that his client was willing to accept the Police conditions contained in the report.

 

The Chair stated that although a possible agreement had been reached the hearing would proceed.

 

The Licensing Officer gave an illustrated introduction to the report and highlighted the additional written representations and petition that had been circulated.

 

The Sub-Committee was addressed by, the representative of the  ...  view the full minutes text for item 5.