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 71 KB

Members are requested to confirm as an accurate record the Minutes of the meetings held on 11 April and 3 October 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 11 April and 3 October 2018 be agreed and signed as a true and accurate record.

5.

Sichuan Bar And Restaurant, Unit 1 Bugsby's Way SE10 0QJ pdf icon PDF 140 KB

Application to review the existing Premises Licence

Additional documents:

Decision:

Full Summary Review Hearing for Sichuan Bar & Restaurant Unit 1, Bugsby’s Way London, SE10 0QJ

 

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 section182 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 having considered all relevant written representations and submissions and evidence put before it, resolved to modify the conditions of the Premises Licence and reduced the hours for licensable activities as follows:

 

Hours for Licensable Activities:

 

Supply of alcohol for consumption on the premises Monday to Sunday, 12:00 hours to 01:00 hours the next day.

 

Provision of Late Night Refreshment, Monday to Sunday, 23:00 hours to

01:00 hours the next day.

 

Provision of recorded music, Monday to Sunday, 12.00 hours to

01:00 hours the next day

 

The Sub-Committee imposed the conditions proposed by the Police, on pages 125-127 of the Agenda, without amendment, as follows:

 

1.    The premises shall install and maintain a comprehensive CCTV system. This system shall cover all licensable areas, including entry and exit points and enabling frontal identification of every person entering in any light condition.

 

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

 

3.    All recordings shall be stored for a minimum period of 31 days with correct date time stamping. Recordings shall be made available immediately upon request of the Police or authorised officers though the preceding 31 day period.

 

4.    A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times the premises is open to the public. This staff member must be able to download or show a Police or authorised officer recent data or footage with the absolute minimum of delay when requested.

 

5.    When the CCTV system and/or the fire alarm system is not working, all licensable activities shall cease.

 

6.    The Challenge 25/Think 25 proof of age scheme shall be operated at the Premises. All customers who appear to staff 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 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.

 

7.    All staff shall be trained in the law about the sale of alcohol. SSuch training will include challenging every individual who appears to staff to be under 25 years of age and to refuse service where individuals cannot produce  ...  view the full decision text for item 5.

Minutes:

In Attendance:

 

Applicant for Review      Sgt Simon Henderson, Metropolitan Police

 

In support of Review      John McGirr, Alcohol Strategy Coordinator Public Health

 

Licence Holder      Richard Fay; Nikita McNeill (legal representative)

 

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

 

The Sub-Committee considered an application made by the Metropolitan Police in relation to Sichuan Bar & Restaurant, Unit 1, Bugsby’s Way, London SE10 0QJ

 

The Licensing Officer gave an illustrated introduction to the report.

 

The Sub-Committee was addressed by the applicant for review, Sgt Simon Henderson. He indicated the Police had not been to the premises often and so matters had come to their attention effectively by accident. He had spoken to the manager about the failures to uphold conditions at the time, but there had been no response from the licence holder until the recent submission.

 

The Sub-Committee was addressed by John McGirr, Alcohol Strategy Coordinator Public Health who spoke in support of the review. He highlighted the seriousness of the incidents.

 

In response to questions from the Sub-Committee, John McGirr, Alcohol Strategy Coordinator Public Health explained the effect of the use of nitrous oxide.

 

The Sub-Committee was addressed by the licence holder’s legal representative, Nikita McNeill. The licence holder’s legal representative questioned whether the incident could be shown to be indicative of the premises. It was noted that the premises had operated since 2001 without incident. It was accepted that some level of complacency had crept in recently. The licence holder’s legal representative said it was not out of disinterestedness that the licence holder had not responded to the Police but that the Licensing Review took precedence. The licence holder’s legal representative explained what action had been taken by staff on the 14 October. It was explained what action was being taken in relation to the other matters. The proposed conditions were accepted but it was not felt necessary to drastically reduce the licensing hours. The premises did not operate past 3am so it was suggested that could be the terminal hour with no new entry after midnight.  It was also felt that the proposed condition relating to alcohol only being sold ancillary to meals was not necessary, based on the evidence.

 

In response to questions from the Sub-Committee the licence holder’s legal representative replied that there had been an ongoing problem with the CCTV for 6 months with it stopping all together 6 weeks before the incident. It was accepted that it was not acceptable to have taken so long to address that. The fire alarm had stopped working a month or so before the incident and had been switched off 2 weeks before the incident; an engineer had been called but it was not easy to fix. It was accepted that there should have been greater urgency to have it fixed. Those customers who were smoking had been told to cease smoking.  ...  view the full minutes text for item 5.