Greenwich Council

Agenda, decisions and minutes.

Venue: Committee Room 6 - 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 74 KB

Members are requested to confirm as an accurate record the Minutes of the meetings held on 14 and 30 November 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 Licencing Review Sub-Committee held on 14 and 30 November 2018 be agreed and signed as true and accurate records.

5.

C’s Restaurant, 87 Blackheath Road, Greenwich, London SE3 8PD pdf icon PDF 300 KB

Application to review the existing Premises Licence

Additional documents:

Decision:

Review of Premises Licence for C’s Restaurant, 87 Blackheath Road, Greenwich, London, SE10

 

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 Statutory 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.

 

And having considered all written representations, evidence and submissions, including the written submissions and the indexed bundle of documents provided by the licence holder’s legal representative, the Sub-Committee:

 

1.    Revoked the Premises Licence held by Mr Vincent Phil-Ebosie  

 

The Sub-Committee’s decision was based on issues raised concerning crime and disorder, public safety, and prevention of public nuisance 

 

Basis for Decision

 

The Sub-Committee considered the application for a review of the Premises Licence by the Royal Borough of Greenwich, as the Licensing Authority, because of persistent failures of the premises licence holder to comply with the licence conditions and for carrying on licensable activities beyond the times permitted by the premises licence. 

 

For the Licensing Authority, the Sub-Committee were referred to the review application and supporting information and documents within the Agenda. The Sub-Committee were informed of the escalating enforcement policy approach of the Licensing Authority, and the infamous opening night upon the licence holder taking over the premises with the benefit of a Temporary Event Notice on 21st January 2018 which generated a number of complaints of noise and nuisance.  There then followed 43 complaints to the Noise Team between January – 3rd October 2018.  The Sub-Committee took into consideration the schedule of the 43 noise complaints at pages 62-63 of the Agenda.

 

The Sub-Committee heard how the licence holder failed to take heed of the advice provided to him by Council officers and the police and who tried to assist the licence holder by agreeing an Action Plan dated 17th May 2018. The licence holder was reminded of his responsibilities during an inspection visit on 27th March 2018 but 3 days later the premises were still open at 02:05 am.  On 20/21 April 20-18 a further inspection visit revealed a lock in, with the front shutters lowered.

 

Upon the Action Plan being signed, the complaints regarding the premises did go down for a short period. However, during August and September 2018, there were more complaints received and the hours for licensable activities being breached. As a consequence of the continuing complaints the defendant was sent 3 warning letters. On 30th October 2018 the premises were open beyond operating hours after the 3rd Warning letter. The Sub-Committee were referred to page 91 of the Agenda relating to an inspection visit on 10th November 2018, the premises were open at 01:03am when 6 male customers emerged and left the premises. During the visit, commencing at 00:50am the open  ...  view the full decision text for item 5.

Minutes:

In Attendance:

 

Applicant for Review                Chris Devine, Licensing Lead Officer, Licencing Section

 

Making Representation in support of Review

PC Giles Balestrini, Metropolitan Police; Ruta Svagzdiene, Environmental Health Team; Michael Doody; Councillor Aidan Smith (on behalf of Ashburnham Triangle Association).

 

Licence Holder                        Vincent Phil-Ebosie; David Nelson (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’s legal representative, and that all parties were aware of their right to be represented.

 

The Sub-Committee considered an application made by the Licensing Authority of the Royal Borough of Greenwich for a review of the premises licence for C’s Restaurant, 87 Blackheath Road, Greenwich, London SE10 8PD.

 

The Licensing Officer gave an illustrated introduction to the report.

 

The Sub-Committee was addressed by the applicant for review. He gave a full description of the incidents which had led to the review. He detailed the actions taken by the authority in relation to those incidents; the warnings that had been given were described. It was highlighted that the licence holder was at risk of the magistrate’s court for breaches of conditions. It was suggested that what the licence holder actually wanted was a late night bar rather than a restaurant. He concluded that the licence holder had not demonstrated that he was a reliable licence holder or a good neighbour. He had been given ample opportunities and he had been advised and action plans had been agreed but he had not abided by them. It was felt there was now an extreme risk that conditions would continue to be breached. He requested that the licence be revoked.

 

The representative of the Environmental Health Team indicated that she had no comments.

 

The representative of the Metropolitan Police stated that the Police fully supported the review, and that they had lost confidence in the premises operating in accordance with the licensing objectives.

 

The Sub-Committee was addressed by Ward Councillor Aidan Smith on behalf of the Ashburnham Triangle Association who had made representation. He highlighted the complaints that had been made. It was noted that the premises was operating as a bar and restaurant, when it was only licenced to be a restaurant.

 

The Sub-Committee was addressed by Michael Doody who had made representation. He lived next to the premises. He explained that the noise had been so bad that on three occasions that he had had to leave his apartment. He had made complaints to the Council’s noise team.

 

The Sub-Committee was addressed by the licence holder’s legal representative. He said the issue of the gas had been addressed, and it was expected that they would get a certificate soon. He stressed that the rear fire exit had being blocked by a car owned by a neighbour. Other matters relating to the state of the premises had also now been dealt with. The licence holder’s legal representative said it was difficult to know whose customers were causing the noise nuisance. The  ...  view the full minutes text for item 5.