Agenda, decisions and minutes

To receive apologies from Members of the Sub-Committee.

No apologies for absence were received.

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

There were no items of urgent business.

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.

Resolved-

That the list of Councillors’ memberships as Council appointed representatives on outside bodies, joint committees and school governing bodies is noted.

Members are requested to confirm as an accurate record the Minutes of the meeting held on 2^nd August 2024

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

Resolved –

That the Minutes of the meeting of the Licensing Sub-Committee C held on 2 August 2024 be agreed and signed as a true and accurate record

Application for a Premises Licence

In reaching its decision, the Licensing Sub-Committee (“LSC”) 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 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 written representations, evidence, and oral submissions, the LSC resolved to grant the premises licence subject to conditions.

Permitted Licensable Activities:

Sale and supply of alcohol for consumption on the premises only, Monday to Sunday.

Exhibition of Films, Provision of Indoor Sports, Performance of Live Music, Provision of Recorded Music, Performance of Dance and activities of a similar description (both indoors and outdoors), Monday to Sunday.

Permitted Hours for Licensable Activities:

From two hours before kick-off for home football matches to one hour after the end of the match or 9pm, whichever is the earlier.

The Premises Licence shall be subject to the following conditions:

1. There shall be no sale or supply of alcohol for consumption off the premises.
2. Amplified music is only permitted to be played from 2 hours before kick-off for home matches to one hour after the end of the match or 9pm whichever is the earlier. 
3. The premises shall only be used for Charlton Athletic FC first team home matches(men and women).
4. The premises shall only be used for Charlton AFC fans and supporters and no away team fans shall be permitted into the premises.
5. No drinks, alcohol or non-alcohol, shall be served in glass containers at any time, biodegradable or plastic containers should be used.
6. There shall be a written Security Policy implemented as approved by the police, and which shall include:-

i.                Minimum number of supervisors

ii.              Display of name badges by staff

iii.             Proof of SIA registration of staff

iv.             Hours of operation and location of door staff

7.     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. 

8.     All staff involved in the sale or supply of alcohol shall be trained, as part of their induction, in the responsible sale of alcohol. Such training shall include challenging every individual who appears to staff to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of ID and using the Refusals Log. Such training (including any refresher training) will be recorded in the Training Log.  

9.     Signage  ...  view the full decision text for item 5.

Applicant:                              Jon Blythe (representative)

Making representation:       Councillor Jo van den Broek; Jenny Westney

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 Sub-Committee considered an application made by Charlton Athletic Football Company Limited in respect of a premises to be used as a Fan Zone in the West Car Park of The Valley Football Stadium, Floyd Road, SE7 8BL.

The Licensing Officer gave an illustrated introduction to the report.

She indicated that there was no premises licence in force at the location; however, there were two premises licenses in force at the adjacent football stadium. One licence authorized licensable activities within the stadium building only, while the other authorized licensable activities on the pitch and the adjacent stands. She highlighted the requested licensable activities and times. She explained to the Sub-Committee that the applicant had requested these hours to cover the possibility of football matches’ days and hours being changed at short notice to accommodate things like television coverage. The intention was to use the licence only for pre-match activities.

The applicant’s representative addressed the Sub-Committee. He clarified the reason for requesting the proposed hours for licensable activities. He emphasized that the request was solely to cover the possibility of football matches being rescheduled at short notice and to accommodate television coverage. He also added that their intention was to use the license only for pre-match activities, with the later hours being requested in case the team needed to play possibly televised games in Europe, where the time zones and requests from television broadcasters might differ.

The applicant informed the Sub-Committee that they had tried to invite members of the community to discuss the application and address their concerns, but attendance was poor, with only four people showing up. In response to a question from the Sub-Committee, the applicant’s representative stated that it was difficult to control and ensure that customers consumed their drinks within the premises. He explained that although security personnel were available, customers would sometimes take their drinks outside the premises, hence the need to request an off-sales license.

In response to a question from the Sub-Committee, the applicant’s representative provided a breakdown of plans to regulate the performance of live or recorded music, as well as dance or activities of a similar description. He also confirmed that the requested license would be limited to home games.

Councillor Jo van den Broek making representation addressed the Sub-Committee. Councillor van den Broek stated that she had received numerous noise complaints from the neighbours of the applicant. She pointed out that the proposed fan zone was very close to the houses and that the noise from their activities would impact the lives of the residents. She suggested to the Sub-Committee that the applicant should consider notifying the residents of their activities through Temporary Event Notices.

In response to a question from the Sub-Committee, a resident who had made  ...  view the full minutes text for item 5.

Application to vary the premises licence

In reaching its decision, the Licensing Sub-Committee (“LSC”) 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 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 written representations, evidence, and oral submissions, the LSC resolved to refuse the application to vary the premises licence.

Basis of Decision

The variation application sought to extend the hours for licensable activities from 9.30pm to 11pm or midnight on various days of the week. The agent for the applicant confirmed that the application was amended, and conditions agreed, as recommended, in response to the written representation by Environmental Health.

The application also sought permission for off sales of alcohol, however, this was qualified by the agent for the applicant that off sales of alcohol were only for consumption on the front terrace of the premises.

The agent’s submissions regarding the law and statutory guidance were noted and given appropriate weight.

The agent’s reference to the crime statistics in the locality within the last 6 months was noted with due regard and given appropriate weight.

It was noted that the premises are used for and benefit the community and has a charitable status.

The agent’s submissions regarding residents never liking the club and not wanting it in the locality was not evidenced and plainly wrong. Indeed, those objecting to the substantive application supported the club and the community work it engages in. What the residents did oppose was the noise and public nuisance, crime and disorder associated with the premises and the negative impact on their daily living.

In reaching its decision the LSC noted the history of the premises from 2022 but more pertinently considered the existing conditions of the premises licence, the Temporary Event Notices (TENs) in 2023 and in 2024, and the evidence of ongoing noise, public nuisance and anti-social behaviour associated with the premises.

The LSC heard compelling evidence from councillors and residents of the ongoing noise and public nuisance from the premises including when TENs were in force. There was also clear evidence of licensable activities being carried on without lawful licence or authorisation, or events going beyond permitted hours late into the night. Examples being conditions 11 and 18 within Annex 2 of the licence for the car park not being complied with, patrons loitering, yelling, playing car radios and talking loudly and disturbing residents and children. The TEN application, for 6^th August 2023, was withdrawn but the event proceeded with loud music audible in residential premises. Similarly, an event continued beyond permitted hours on 15^th July 2024, with accompanying anti-social behaviour, and disruption in the locality, noise and loud music being played. The schedule of complaints within the report to the LSC were given proportionate  ...  view the full decision text for item 6.

Applicant:                              Phillemon Mashaga (applicant); Nick Semper (agent)

Making representation:       Daniel Bygrave (RBG Community Protection Team); John McGirr (RBG Public Health Team); Councillor Dave Sullivan; Councillor Sandra Bauer; Carolina Castillo; Peter Reynolds; Jean Gibbins; Marika Douglas; Duncan Williams; Richard Young

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 Licensing Sub-Committee considered an application made by AFC Lewisham, Gresham Sports Ground, Eltham Road, London SE12 8ES. The Licensing Officer gave an illustrated introduction to the report.

The agent of the applicant addressed the Sub-Committee and described AFC Lewisham as a standard football club committed to the development of coaches and players of all ages. He added that before the LSC granted them a premises license in March 2022, the applicant had provided licensable activities through the use of temporary event notices. In enlightening the LSC on the club’s operations, the agent stated that the primary interest of the applicants was to develop community spirit through football.

The agent highlighted aspects of the current license to the LSC and stated that the capacity of the premises allowed for 100 people seated and 100 people standing. He added that the club depended on the voluntary support of its customers.

In referencing key areas of the application, the agent explained that the application before the LSC aimed to ensure the club operated in line with licensing objectives, balancing its development with consideration for neighbouring properties. He indicated that the application also sought two main changes: extending the hours for alcohol sales and indoor events, and allowing alcohol consumption off the premises. The agent explained that there was a terrace on the premises suitable for the consumption of drinks, and if the applicant’s request for an off-sales license were granted, it would permit the applicant to use the terrace solely for the consumption of drinks purchased from the club. In his address, the agent pointed out that discussions had been held with the Community Protection Team and the Public Health Department, and their recommended conditions, including reduced hours, were fully accepted.

The agent urged the Sub-Committee to focus on the relevance of the objections raised by councillors and residents regarding the application. He argued that these objections were misplaced and did not address complaints that had already been resolved.

The agent emphasised that no responsible authority, including the police, licensing authority, and various other expert bodies, had raised objections to the application. The absence of objections from these key authorities was presented as evidence that the proposed changes would not undermine the licensing objectives.

Addressing the objections from local councillors and 50 members of the public, the agent emphasised that the objections were mainly based on past incidents, such as noise, traffic, crime, and anti-social behavior (ASB). He added that these issues were largely unrelated to the application, which only sought an extension of operating hours and permission to use the outside terrace.  ...  view the full minutes text for item 6.