Greenwich Council

Agenda and decisions.

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

Contact: Clare Chapman  Email: clare.chapman@royalgreenwich.gov.uk or tel: 020 8921 4350

Items
No. Item

1.

Apologies for Absence

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

2.

Urgent Business

The Chair to announce any items of urgent business circulated separately from the main agenda.

3.

Declarations of Interest pdf icon PDF 37 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:

4.

Mint, Unit 2, 20 River Gardens Walk, Greenwich, SE10 0FZ pdf icon PDF 165 KB

Application to vary the premises licence

Additional documents:

Decision:

Mint (River Gardens Café), Unit 2, 20 River Gardens Walk

London, SE10 0FZ

 

In reaching its decision, the Licensing 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 Licensing Sub-Committee (“LSC”) 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 all of the evidence put before it, the LSC resolved to grant the variation of the Premises Licence to extend the time for use of the external patio area of the premises for the sale and consumption of alcohol.

 

The amended hours for licensable activities shall be:

 

1.    Sale & Supply of alcohol, inside the premises:

 

Monday to Saturday 11am to 9pm

 

2.    Sale and consumption of alcohol in the front external patio area of the premises shall be:

                                      Monday to Thursday 9am to 8pm     

Friday and Saturday from 9am to 9pm

                                     Sunday from 10am to 8pm

 

Condition 8 of the Premises Licence shall be amended to read “The use of the front patio area of the premises shall cease and the area be cleared of all patrons by 8pm Sunday to Thursday and 9pm on Friday and Saturday”.

 

Basis of Decision:

 

The LSC considered all representations for and against the application to vary the licensable hours for the use of the front patio of the premises and submissions from the applicants.

 

The LSC noted that the variation of the use of the outside area would be in line with the extant planning permission but disregarded any matters relating to planning consent other than those that were relevant to public nuisance.

 

The LSC gave due consideration to the objections and the many representations in support of the variation, including submissions from Elizabeth Pinney.

 

The LSC gave due weight to the absence of any representations from Responsible Authorities and in particular Environmental Health in respect of any noise and public nuisance issues. 

 

The LSC noted, and gave due weight, that the use of the outside patio area would cease completely by 8pm and 9pm and this is enforced by existing conditions of the Premises Licence.

 

The LSC were satisfied that the conditions already attached to the Premises Licence promoted the licensing objectives

 

An appeal against this decision may be made to the Magistrates’ Court. 

 

Any appeal must be made within 21 days from date of written notification of this decision.

5.

Midpoint Restaurant, 3 Anchor Iron Wharf, Lassell Street, Greenwich, SE10 9GL pdf icon PDF 177 KB

Application to vary the premises licence

Additional documents:

Decision:

Midpoint Restaurant, Anchor Iron Wharf,

London, SE10 9GL

 

In reaching its decision, the Licensing 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 Licensing Sub-Committee (“LSC”) 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 all of the evidence put before it, the LSC resolved to grant the variation of the Premises Licence to permit use of the front external area of the premises for the sale and consumption of alcohol, subject to the existing conditions of the Premises Licence and subject to additional conditions imposed as follows.

 

Permitted Licensable Activities for the Front External Area of the premises:

 

1.    Supply and consumption of alcohol, ancillary to a substantial table meal only, between 11am – 9pm, Monday – Sunday

2.    Seating and tables shall be limited to a maximum of 36 covers at all times, Monday – Sunday.

3.    The supply of alcohol in the Front External Area shall be by waiter/waitress service only.

4.    No alcohol shall be permitted to be consumed in the front external area premises after 9pm, Monday – Sunday.

5.    No alcohol shall be permitted to be taken from the inside of the premises to any external area of the premises after 9pm, Monday – Sunday. 

6.    The Premises Licence Holder shall implement an External Front Area Management Plan, as agreed in writing, including any variations thereof, with the police.

7.    Tables and chairs shall be removed or rendered unusable at 9pm, Monday – Sunday

                                   

Basis of Decision

 

The LSC received submissions from the Applicant’s solicitor, Mr Sutherland, who attended with the Designated Premises Supervisor (DPS) who is also a business partner of the Applicant. The Applicant did not attend the hearing.

 

The LSC noted the submissions that the outside area is owned by the Applicant’s landlord and there is an agreement in place that enables the outside area to be used by members of the public. The LSC noted that the use of the outside area by the public arises from a planning agreement with the Local Planning Authority.

 

In reaching its decision, the LSC disregarded all matters relating to planning permission for the use of the external area of the premises, or any contractual dispute arising from any planning agreement.  The LSC received and gave due weight and regard, to matters relating to public nuisance, submitted on behalf of the Local Planning Authority, by Ms Jane Devine. 

 

The applicant’s solicitor referred to photographs, taken on a sunny day at mid-afternoon of the use of the vicinity by members of the public and highlighted breaches of licensing restrictions by staff of other nearby licensed premises and members of the public seated on a curved wall barrier. The LSC noted that the curved wall barrier  ...  view the full decision text for item 5.