Agenda, decisions and minutes

To receive apologies from Members of the Sub-Committee.

No apologies for absence were received.

Apologies for absence were received from Councillors 

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.

Objection Notice against Temporary Event Notices

 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 that the 2 applications be refused, and Counter Notices be issued.

Basis of Decision

The Premises License holder, Mr Bankole Jones, attended the hearing with the co-director of the business, Mrs Gloria Jones.

The License holder submitted that he had run the business from the premises for one year without complaint, and that all claims of breach and nuisance were allegations with no evidence being provided. The License holder stated that he had never received a complaint from any local residents regarding noise and had good relationships with them.

The License holder denied the noise nuisance and claimed the environmental health officers had never spoken to him about the issue prior to serving the Abatement Notice. The License holder alleged that the environmental health officers had repeatedly turned off the music in the venue during their visits. The License holder also emphasised that music was allowed until 11pm as per the license conditions. Additionally, the License holder claimed that the environmental

health officers were intimidating and caused nuisance to the businesses’ customers, and that he has closed the business as a result of the officers approach.

Mrs Gloria Jones submitted that correspondence from the environmental health officers stated that no music was being played when they visited the premises and explained that on other occasions when music was being played this was done so during the permitted hours in line with the license conditions. Mrs Gloria Jones claimed that the environmental health officers made herself and the License holder uncomfortable during their visits, and subsequently caused a loss to their business. Mrs Gloria Jones stated that the noise nuisance and breaches were allegations made by the environmental health officers, but there was no supporting evidence. Additionally, that herself and the License holder had been working with the community and the Licensing Authority to abide by the license conditions.

The LSC received submissions from environmental health officers explaining attempts to engage with the Licence holder regarding the noise and public nuisance caused and associated with the licenced premises, including advice offered as to how to mitigate the nuisances. Additionally, the environmental health officers noted that the Abatement Notice had been further been breached on 21st December 2024.

The LSC considered that the Licence holder maintained there were no breaches of the premises licence conditions or the noise abatement notice and was unable to acknowledge the public nuisance associated with the premises. The LSC heard evidence that environmental protection officers had written to the License holder  ...  view the full decision text for item 4.

In Attendance:

Applicant:

·              Bankole Jones

Making Representation     

·               Nick Dornan (Community Officer)

·               Precious Evwrujae (Environmental Health)

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 two Temporary event notice applications made by the Calabash Restaurant & Bar, 1-2 Stockwell Street, London, SE10 9JN.

The Licensing Officer gave an illustrated introduction to the report. He stated  that the business Relatively new and was granted its licence in December 2023.

The Licensing Officer informed the Licensing Sub-Committee that, they had received complaints alleging noise disturbances and breaches of the permitted operating hours on various dates. He stated that these allegations were under active investigation. It was noted that the licence holder had strongly denied the allegations, as outlined in his letter which (Appendix H).

The Officer indicated that the applicant had applied for Temporary Event Notices (TENs) in December 2024, all of which had received objections from the Community Protection team, resulting in all TENs to date being refused. Details of this could be found in the report and in Appendix F.

He added that the applicant had submitted further TENs for 15 and 28 February 2025, covering the period from 4:00 p.m. to 2:00 a.m.

In response to a question from the Licensing Sub-Committee regarding alleged breaches of licensing conditions, the Officer stated that he had engaged with the applicant on the matter and that the issue was under

investigation. He also indicated that the applicant’s request for a TEN in December 2024 had been declined by a different Sub-Committee.

The applicant addressed the Licensing Sub-Committee (LSC) and stated that his wife, who is also the second director of the business, was present. In his presentation, the applicant provided the LSC with a brief history of his operations and highlighted some of the changes and modifications that had been made. He added that since purchasing the premises, they had operated for a year without any incidents or complaints from the Council.

Addressing the alleged breaches raised by the Licensing Officer, the applicant emphasised that the allegations against him had not been proven. He added that officers from the Community Protection Team (CPT) had not approached them with any significant evidence to substantiate the reported incidents.

The applicant gave the LSC a breakdown of how his business activities and operations were impacted following the refusal of his TEN application by Licensing Sub-Committee B in December 2024. He highlighted his background and professionalism in running a business that does not negatively affect the community and appealed to the LSC to approve his current TEN applications.

He also outlined his interactions with officers who had visited his premises and expressed concerns about their conduct and refusal to answer his questions. He concluded by stating that they had to cancel all bookings made during the festive season due to the incident resulting from the visit.

The Chair advised the applicant that the LSC meeting  ...  view the full minutes text for item 4.