Greenwich Council

Agenda, decisions and minutes.

Venue: Council Chamber - 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.

Appointment of Chair

Members to appoint a Chair for the Meeting.

 

Minutes:

Councillor Olu Babatola nominated Councillor Peter Brooks as Chair of the Sub-Committee.  The nomination was seconded by Councillor Anne-Marie Cousins, and voted upon.  The Sub-Committee unanimously

 

Resolved –

 

That it be agreed that Councillor Peter Brooks be appointed Chair of the Sub-Committee.

 

 

 

 

2.

Apologies for Absence

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

Minutes:

There were no apologies for absence.

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.

Euro Food and Wine, 12 Plumstead Road, Woolwich, SE18 7BZ pdf icon PDF 122 KB

Interim Steps Representation

 

 

 

 

Additional documents:

Decision:

Royal Borough of Greenwich

 

Licensing Sub-Committee

 

Representations Against Interim Steps

 

30th November 2018

 

Euro Food and Wine,

12 Plumstead Road,

Woolwich, SE18 7BZ

 

 

The Licensing Sub-Committee heard representations on behalf of the licence holders against the Interim Step imposed on 28th November 2018 to suspend the premises licence upon considering an application for a Summary Review.

 

The Sub-Committee resolved that the interim step to suspend the premises licence shall continue until the full review hearing.

 

In reaching its decision the Sub Committee had due regard to 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.

 

The Sub-Committee heard submissions from Mr Graham, solicitor for the licence holder, and who attended accompanied by Mr Manoharan, the manager of the licensed premises. Mr Graham accepted on behalf of the joint licence holders that alcohol was being sold from the premises, in breach of the premises licence, and there was violence outside the premises. Mr Graham submitted there was no causal link between the individuals wielding baseball bats and the premises. It was further submitted that alcohol was being supplied because of a misunderstanding in that no written decision had been received following the earlier review hearing on 3rd October 2018. Mr Thavaseelen, the joint licence holder and designated premises supervisor, had been present at the review hearing on 3rd October 2018 but was unrepresented and did not understand the decision of 3rd October 2018. Moreover, it was submitted that the written decision of 3rd October 2018 had not been received and the first occasion staff became aware was when police officers attended at the premises on 11th November 2018.

 

Mr Graham confirmed that Mr Thavaseelen was not in attendance for this hearing as he was away in Sri Lanka.  

 

Mr Graham submitted that an Undertaking was being offered to ensure that the premises did not open beyond 11pm at night and that there were no problems during the day time.

 

Sergeant Henderson on behalf of the police, submitted that that Mr Thavaseelen had minimal involvement with the management of the premises, he was also away before the review hearing on 3rd October 2018, and the premises was being managed poorly and he had no trust in the running of the premises even during day time.

 

The Sub-Committee considered that Mr Thavaseelen should have, as a responsible business operator who was present at that 3rd October meeting and has a number of years experience, taken steps to seek advice or make enquiries regarding the decision of the Sub-Committee which reduced the hours for licensable activities and modified the condition of the premises licence. The Sub-Committee also  ...  view the full decision text for item 4.

Minutes:

In attendance:

Applicant for Review:      Sergeant Henderson (Police Licensing Team

 

Licence Holder:              Shanjayan Maoharan, Mr Graham (Dadds LLP Solicitors)

 

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 stated he was unsure as to what papers where being referred to however was happy to proceed having seen the CCTV footage prior to the hearing.

 

The Sub-Committee heard representations on behalf of the licence holder against the Interim Step imposed on 28th November 2018 to suspend the premises licence upon considering an application for a Summary Review.

 

The licence holder gave a brief summary of the report.

 

The Sub-Committee was addressed by the licence holders legal representative who accepted that alcohol was being sold outside the hours agreed in the 3 October 2018 review hearing decision and stated his client was aware that this was not acceptable. He explained that his client had mistakenly believed that the amendments to the licence would only apply after the 21 day appeal period had expired and as he hadn’t received a decision notice he continued to operate as normal. He was subsequently made aware of the error by the police and stopped selling alcohol immediately.

 

The licence holders legal representative offered an alternative to the interim-steps decision. That the premises would close entirely after 11pm thereby preventing any issues arising from the late operating hours and the possibility of crime and disorder. He stated that the suspension of the licence would have a financial detriment on his client to the amount of £5000 a week and this needed to be balanced against the prevention of crime and disorder.

 

In terms of the CCTV footage, the licence holders legal representative stated there was no causal link between the premises and the 2 aggressors in the incident which was taking place as far as the street corner. He added that the best way to address those hanging around the premises was close it close it completely after 11pm until the hearing on 19 December. He continued that the affect this closure has on the crime and disorder and nuisance in the area could be monitored and be used as a guide for the hearing.

 

In response to a question, the licence holders legal representative stated he had not seen any evidence of the aggressors in the incident being served alcohol by the premises however, the premises was at fault for serving any alcohol outside the prescribed hours.

 

The Sub Committee noted that those congregating outside the premises were involved in the incident.

 

In response to a question, the licence holders legal representative reiterated that his client had misunderstood the implementation process of the decision at the last review hearing and had he known that the licence had been amended immediately he would not have been selling alcohol at those hours. He added that the licence holder was currently receiving expert  ...  view the full minutes text for item 4.