Greenwich Council

Decision details.

Taksim Bistro, 7 Blackheath Hill, London, SE10 8PB

Decision Maker: Licensing Sub-Committee B

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Taksim Bistro, 7 Blackheath Hill, London, SE10 8PB

 

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 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 the application to vary the Premise Licence and all written and oral submissions, the Sub-Committee resolved to reject the variation application in its entirety.

 

Basis of Decision:

 

The Sub-Committee, being satisfied that notice of the hearing had been provided to the Applicant, the Sub-Committee resolved to hear the application in the applicant’s absence. No application for an adjournment of the hearing had been received.  

 

The Sub-Committee heard representations from pc Balestrini, on behalf of the police. PC Balestrini referred to the police written representations at page 91-92 of the Agenda papers and submitted that the police always have concerns regarding these type of premises whereby there are pubs nearby and there are nightclubs towards Lewisham, and the premises would attract custom from those patrons late at night. Police concerns are noise from motorbikes, relating to deliveries and collections from the premises and the resulting public nuisance.  Customers from pubs and nightclubs, late at night are likely to be intoxicated and police are concerned that it will lead to fights and anti-social behaviour, especially at weekends. The applicant had failed to engage with the police regarding the variation application, and the premises licence holder had not tried the use of Temporary Event Notices before seeking to vary the existing premises licence.   

 

The Sub-Committee then heard from Ella Smallcombe from Environmental Health.  The Sub-Committee were referred to the written submissions from Environmental Health at pages 93 – 94 of the Agenda papers.  The extended hours would have a noise impact upon local residents and there would be an increase in activity in the vicinity. There would also be noise from motorbikes attending and leaving the site for collection and deliveries of food. There are flats above the premises and there would also be continued ambient noise levels generally from the restaurant.

 

In response to a question from the Sub-Committee to both the police and Environmental Health, regarding whether the recommendation was to limit the extension of licensable activity to 2am, if the variation were to be granted, both the Police and Environmental Health confirmed that that recommendation was a last resort, if the Sub-Committee were minded to grant the application but that the preference was that the Sub-Committee refuse the application to vary the premises licence.  

 

The Sub-Committee gave due weight to the written representations from the residents, in respect of public nuisance relating to litter and disturbance.

 

The Sub-Committee noted that the premises were situated within a Cumulative Impact Zone, gave due regard and weight to the representations from the Police and Environmental Health, gave due regard to the Applicant’s failure to attend the hearing and that the Applicant was not represented for the hearing.

 

The Sub-Committee resolved that the variation of the premises licence would adversely impact upon the licensing objectives, in particular there would be an exacerbation of public nuisance, noise and disturbance and increased impact upon crime and disorder.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

 

 

 

 

Publication date: 08/05/2019

Date of decision: 02/05/2019

Decided at meeting: 02/05/2019 - Licensing Sub-Committee B

Accompanying Documents: