Greenwich Council

Agenda, decisions and minutes

Venue: Committee Room 4 - Town Hall, Wellington Street, Woolwich SE18 6PW. View directions

Contact: Daniel Wilkinson  Email: daniel.wilkinson@royalgreenwich.gov.uk tel: 020 8921 5102

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 137 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 84 KB

Members are requested to confirm as an accurate record the Minutes of the meeting held on 19 July 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 the Licensing Review Sub-Committee held on 19 July 2018 be agreed and signed as a true and accurate record.

5.

Euro Food & Wine, 12 Plumstead Road, Woolwich SE18 7BZ pdf icon PDF 182 KB

Application to review the existing Premises Licence

Additional documents:

Decision:

In reaching its decision, the Licensing Sub-Committee considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations, and Statutory Guidance issued by the Secretary of State under section 182 of the 2003 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 review application by the police, CCTV footage relating to incidents at the premises, all written representations, oral submissions, evidence from all interested parties, and noted the prohibition under a Public Space Protection Order.

 

Mr Sithamparappillai Thavaseelan, the licensee (Designated Premises Supervisor and joint licenceholder), attended unrepresented.

 

The Sub-Committee resolved to modify the premises licence, in the form of a reduction in the hours for licensable activity as follows:

 

Hours for licensable activities

 

Sale of alcohol, for the consumption off the premises, shall be

 

Monday to Sunday

09.00 hours to 23:00

 

Further, the Sub-Committee agreed the amendments proposed by Police in their review to add conditions to the premises licence and to amend and replace or delete conditions in Annex 2 of the operating schedule as follows:

 

Annex 2. Amend Condition 2 to read:

 

1.    All staff shall be trained in the law about the sale of alcohol. 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 refusals register. Such training, including any refresher training, shall be logged and provided not less than every six (6) months. The training log shall be made available for inspection by Police and authorised persons (as defined by section 13, Licensing Act 2003)

 

Annex 2. Remove Condition 3 and replace with the wording:

 

1.    A CCTV shall be installed and continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises. The CCTV will cover inside and outside of the premises.

2.    All entry and exit points shall be covered by CCTV, enabling front identification of every person entering in any light condition. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head-and-shoulders image of every person entering or leaving the premises.

3.    The CCTV system shall display on any recording the correct time and date of the recording.

4.    The CCTV shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

5.    All recordings shall be stored for a minimum period of thirty-one (31) days with date and time-stamping. Recordings shall be made available immediately upon request of the Police or an authorised person (as defined by Section 13 of the Licensing Act 2003)

6.    A staff member from the premises who is conversant with the operation of the CCTV system shall  ...  view the full decision text for item 5.

Minutes:

In Attendance:

 

Applicant for review       Police Sergeant Simon Henderson

 

In support of review       Maria Gartside (Trading Standards); Mr and Mrs Hunt; Councillor John Fahy (representing Mary Shine)

         

Licence Holder               Sithamparappillai Thavaseelan

 

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 Sergeant Simon Henderson of Greenwich Licensing Police in relation to Euro Food & Wine, 12 Plumstead Road, Woolwich, London SE18 7BZ

 

The Licensing Officer gave an illustrated introduction to the report. It was noted that the Sub-Committee had viewed the CCTV footage.

 

The Sub-Committee was addressed by the applicant for review, Police Sergeant Simon Henderson, who stated the reasons for the review. He emphasised that the licence holder had not engaged during the process. He suggested that a reduction in hours and conditions, rather than a revocation of the licence, would be a proportionate response to the review.

 

In response to questions from the Sub-Committee the applicant for review confirmed that it was the first review of the premises.

 

The Sub-Committee was addressed by Maria Gartside (Trading Standards) who stated why Trading Standards supported the review.  She indicated that Trading Standards supported the Police’s proposed amendment of conditions and imposition of new conditions.

 

The Sub-Committee was addressed by Ward Councillor John Fahy speaking on behalf of a local resident who had made representation. The Police’s recommendations were supported. He highlighted the problem of street drinkers and their effect on the town centre. He commented that he was unaware of any other premises with such a 24 hour licence; it was felt that the premises acted as a magnet. He stressed that the wellbeing of residents was important.

 

The Sub-Committee was addressed by Mr and Mrs Hunt. They indicated their support for the Police’s recommendations. They detailed their experiences of the disturbance caused in connection with the premises late at night and early in the morning. It was accepted that it was only a few people who caused a disturbance but it had an adverse effect. They commented on the limited resources of the Police to deal with the problems that arose in connection with the premises in the early hours.

 

In response to questions from the Sub-Committee, Mr and Mrs Hunt replied that the nuisance was sporadic and unpredictable. It was less common in poor weather, and had been more common in the summer. The effect was they were left without sleep and exhausted.

 

The Sub-Committee was addressed by one of the licence holders, SithamparappillaiThavaseelan. He accepted that there was anti-social behaviour and noise associated with the premises late at night, and early in the morning. He contended that it was a community issue and not just his shop, and that the Police should act. He highlighted that people could purchase alcoholic drink from elsewhere, as evidenced by the refuse showing brands different to which he sold, and sit out outside his shop  ...  view the full minutes text for item 5.

6.

Cutty Sark Tavern, 4-6 Ballast Quay, Greenwich SE10 9PD pdf icon PDF 173 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 there under and the Guidance issued by the Secretary of State under S.182 of the 2003 Act. In discharging its statutory duty 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.

 

After consideration of all the written representations and submissions, and documentary evidence received and viewing of video footage, received during the hearing, the Sub-Committee resolved to amend conditions 10 and 11 of the Premises Licence in respect of the outside seating area of the premises.

 

The amended conditions now read as follows:

 

Condition 10: Staff shall ensure that the outside area named as “private quayside with seating for use by customers of the tavern” is cleared of plates and glasses by 22:00 hours each night.

 

Condition 11: The outside of the premises, including the “private quayside seating” area, shall not be used by customers after 22:00 hours.

 

The Sub-Committee also imposed additional conditions upon the Premises Licence as follows:

 

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

 

2.    Notices shall be displayed at all exits from the Premises and by the quayside area requesting the public to respect local residents and leave the premises and area quietly.

 

3.    Suitable receptacles shall be provided and maintained to permit customers to dispose of cigarette litter in the areas used, or likely to be used, for smoking.

 

4.    Only polycarbonate or toughened glass vessels shall be used for dispensing drinks to customers using the outside seating area of the premises.

The Sub-Committee’s decision was based on issues raised concerning prevention of public nuisance and noise, public safety, and prevention of harm to children. 

 

Basis of the Sub-Committee’s Decision:

 

Councillor Lloyd, as a preliminary matter, confirmed he was representing the residents of Ballast Quay. He further informed the hearing that he would be calling Mr Nunneley as a witness, being a resident in the vicinity. Mr Nunneley produced a video for the Sub-Committee to view.

 

Mr Anderson, solicitor for the licence holder, confirmed he did not object to the witness being called and that he had viewed the video footage on his mobile telephone.

 

Councillor Lloyd then made submissions to the Sub-Committee and referred to his written Review Application. Councillor Lloyd highlighted the increase in footfall in the locality with increased residential and commercial development in the area, that there were elderly residents, young children and teenagers living close by. It was emphasised that there was no objection to the pub itself, it had been there since 1795 and he himself uses the pub. Councillor Lloyd stated he had also worked in pubs, including the Gypsy Moth and others, and that there is no bar to outside areas being closed earlier at  ...  view the full decision text for item 6.

Minutes:

In Attendance:

 

Applicant for review                 Councillor Chris Lloyd

 

Applicant for review’s witness  Mark Nunneley

 

In support of the review           Monique Tomlinson

 

Licence holder                         Trish Moody; David Way; Alex Wyatt; James Anderson (legal representative)

 

In support of Licence Holder    Mike Sparham

 

There were several residents from Ballast Quay also in attendance.

 

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 Councillor Chris Lloyd on behalf of residents in respect of The Cutty Sark Tavern, 4-6 Ballast Quay, London SE10 9PD.

 

The Chair requested that Councillor Lloyd clarify what residents the review was on behalf of. Councillor Lloyd stated that it was residents of Ballast Quay.

 

The Chair asked the licence holder if they were happy for Councillor Lloyd to call a witness and for the witness to submit material. The licence holder’s legal representative stated that they would accept it, but he commented on the lateness of the submission of the material.

 

The Licensing Officer gave an illustrated introduction to the report

 

The Sub-Committee was addressed by the applicant for review, Councillor Chris Lloyd. Councillor Lloyd clarified the reason for review and the proposed amendment to the licensing hours externally, and new conditions, to address the residents’ concerns. It was felt the proposals would achieve a fair balance between the continued operation of the premises and the needs of residents. He gave some examples of dates when the residents had experienced problems with patrons. He commented on residents’ experience with a mediation meeting.

 

The Sub-Committee watched a short film submitted by the applicant for review’s witness.

 

The Sub-Committee was addressed by the applicant for review’s witness, Mark Nunneley. He commented that the pub and its neighbours had been together for a long time. The pub was supported as a community asset. However, the relationship between the pub and residents had deteriorated in the last two years. It was felt the pub had changed from a community pub to a corporate concern, and this was reflected in the attitude of the pub’s managers. Residents were not asking for the premises to lose an hour of trade, just that the outside area cease activity by 10pm. A comparison was made with other premises in the vicinity with external areas and their terminal hours.

 

In response to questions from the Sub-Committee the applicant for review’s witness replied that the situation had got worse in the last two years. There had been problems before but the premises had now changed from a family run pub to a more commercialised entity. It was felt the new management had lost control of the outside area in the summer of 2016. At a meeting with the management in February 2017 it was suggested more staff and training would deal with matters but that had not been realised in the summer of 2017. He clarified when the film he had submitted had been  ...  view the full minutes text for item 6.