Greenwich Council

Agenda item.

Taproom SE10, Unit 2 River Gardens Walk, London SE10 0FZ

Application for a premises licence

Decision:

In reaching its decision the Sub-Committee considered and had due regard to the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the statutory Guidance issued under S.182 of that Licencing Act 2003. 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 all of the evidence put before it the Sub-Committee resolved to grant a new Premises Licence for the internal area of the premises only in respect of the Taproom SE10, Unit 2 River Gardens Walk, London SE10 0FZ.

 

The Sub-Committee excluded the external area of the premises, as applied for, for the supply and consumption of alcohol, from the premises licence.

 

Hours for licensable activities: -

 

Supply of alcohol, for consumption on and off the premises shall be

 

Monday – Sunday

11am – 11pm

New Year’s Eve

11am – 1am the next day

 

The Premises Licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant and the conditions agreed with the police, as follows:

 

1.       A CCTV recording system shall be installed that is compliant with, and capable of, capturing an image of evidential standards.

 

2.       All CCTV recordings shall be maintained for a minimum of thirty-one (31) days with date/time stamping. Cameras shall be installed so as to cover both internal and external areas of the premises. At least one camera shall cover ingress/egress points and at least one other camera shall cover the alcohol service area.

 

3.       The CCTV system shall display on any recording the correct time and date of the recording.

 

4.       The CCTV shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

 

5.       Notices shall be displayed advising that CCTV is in operation.

 

6.       Staff shall be fully trained in the operation of the CCTV system and there shall be at least one member of staff on duty during trading hours who is able to provide copies of CCTV recordings to the Police and authorised officers of the Local Authority. Such copies shall, in any event, be provided within 48 hours.

 

7.       All staff shall be instructed to record in an incident book/register all incidents of crime and disorder occurring at the premises and details of any occasion when the police are called. These records shall include the time and date of any incident and the identities of staff members involved. The incident book/register shall be made available for inspection by Police and authorised officers of the Local Authority upon demand.

 

8.       There shall be no open vessels of alcohol permitted beyond the licensed boundary of the premises

 

9.       There shall be no deliveries or waste/recycling collections between 23:00 hours and 07:00 hours the following day.

 

10.     Notices shall be provided to remind persons leaving the premises to do so in a quiet and orderly manner, to minimise disturbance to local residents.

 

11.     The Challenge 25/Think 25 proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 of age shall be challenged to prove that they are over 18 years if age when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or Home Office approved identity card baring 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.

 

12.     All staff shall be trained in the law about the sale of alcohol. Such training shall include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the refusals register. Such training (including any refresher training) shall be logged and provided not less than every twelve months. The training log shall be made available for inspection by Police and authorised persons upon demand.

 

13.     A refusals register shall be kept at the premises, and made immediately available on request to the police or an authorised person. The refusals log is to be inspected on a monthly basis by the DPS and noted in the register, and a record made of any actions that appear to be needed to protect young people from harm. The register must record all refused sales of alcohol and include the following:

a) the identity of the member of staff who refused the sale

b) the date and time of the refusal

c) the alcohol requested and reason for refusal

d) description of the person refused alcohol.

The refusals register shall be made available for inspection by Police and authorised persons.

 

14.     The following posters shall be displayed conspicuously on the premises in customer facing areas:

 

a) ‘Think 25’ – to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25.

b) ‘It’s a Crime!’ – intended to warn adults not to purchase alcohol for persons under 18 years of age.

 

The Sub-Committee also imposed the following conditions which the Applicant had agreed with the police:

 

15.     All sales of alcohol for consumption off the premises shall be sold in sealed containers only.

 

16.     A Duty Manager’s Log shall be kept at the premises, and made available on request to any Police Officer, Police Community Safety Officer, or Authorised Local Authority Officer. The Log shall record the following:

 

a)    All crimes reported to the venue

b)   All ejections of patrons

c)    Any complaints received

d)   Any incidents of disorder

e)   All seizures of drugs or offensive weapons

f)     Any faults in the CCTV system

g)    Any refusal of the sale of alcohol

h)   Any visit by a relevant authority

i)     Any visit by a relevant authority or emergency service

 

17.     Notices shall be prominently displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

18.     A direct contact telephone number for the manager at the premises shall be publicly available at all times when the premises is open. This telephone number is to be made available to residents in the vicinity.   

 

The Premises Licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

In reaching its decision the Sub-Committee considered :

 

All written representations, from Responsible Authorities and Interested Parties, the Royal Borough of Greenwich’s Statement of Licensing Policy, including paragraph 1.6, Statutory Guidance under section 182 Licensing Act 2003, including paragraphs 14.57 and 14.58 in respect of planning permission.

 

The Sub-Committee heard from Mr Yeomans the applicant and director of Taproom SE10 Ltd. Mr Yeomans submitted that he runs 3 Taprooms currently, that the new business would be selling drinks and pizzas. Mr Yeomans informed the Sub-Committee that the lease for the premises was contingent upon the grant of a premises licence, there would be a responsible use of the outside area, and that the business would not be commercially viable without a premises licence for the outside area.

 

Mr Yeomans submitted that the new Taproom will create a community environment and he was not intending to run a happy hour type of service, and he has experience of operating in residential areas, all of the other Taprooms are within residential areas and have outdoor areas with tables and chairs.

 

In respect of representations regarding lack of planning permission for the outside area, Mr Yeomans stated he was under the impression that the Landlord had already obtained such planning consent and but he would apply for planning permission, if necessary.

 

In reaching its decision the Sub-Committee had due regard to the written representations from the police and the police concerns regarding the use and capacity of the external area and its proper management and concerns for the level of nuisance and disturbance to residents “due to large crowds drinking late into the night”. The Sub-Committee duly noted the Police concerns regarding public safety and patrons spilling out onto the public path and problems that were likely to arise from overcrowding.

 

Pc Balestrini, for the police, informed the Sub-Committee that he had been able to speak with Mr Yeomans earlier in the day and the proposed police conditions, except for condition number 5, on page 114 of the Agenda, had been agreed.  The Sub-Committee noted that the police sought a condition that the external area be closed to patrons at 10pm.

 

The Sub-Committee then heard on behalf of the Local Planning Authority. The Sub-Committee was informed that the proposal does not have planning permission and that no application for planning consent has been received. The local Planning Authority had concerns regarding public nuisance and public safety. There would be noise from the proposed use of the external area, and from deliveries and servicing of the premises. The amenity of residential accommodation and occupiers would be significantly impacted including by noise from the external. The local Planning authority also had concerns regarding the scale of the proposed external area use, as it abutted the Thames Cycle Path, residents would have to cross the cycle path to pass the premises, and planning permission for Lovell’s Wharf requires the maintenance of a 4 metres vehicular access for emergency vehicles which would not be available if the premises licence was granted.

 

The Sub-Committee received submissions on behalf of Environmental Health and noted the conditions sought regarding disturbance to residents from noise nuisance and that the external area be closed to patrons at 9pm.   

 

The Sub-Committee received submissions from Councillor Scott-McDonald on behalf of residents who had made representations against the Application. There were concerns regarding protection of children from harm and the children’s play area which was just 5 metres from the premises and the litter and adult conversations that very young children would be exposed to. The highly residential nature of the vicinity was also a major concern, with residential accommodation being above and around the premises, only just metres away from the premises including on the ground floor. There were concerns regarding public nuisance, litter and discarded drinking vessels being left on the public areas and the public footpath. The premises should not be compared to other Taprooms where the external areas were significantly smaller.  There was a very real concern about the disturbance and noise from the premises and reflected by 46 residents writing in to object.

 

The Sub-Committee had due regard to the submissions made by Ms. Dana Pavel, Mr Bowles, Mr Zorun Almuli who further explained the concerns of the residents and echoed and amplified the representations made by Councillor Scott-McDonald.

 

Mr Freeman made submissions in support of the application and that it would bring in much needed investment to the locality and add to the vibrancy of the area. Mr Freeman stated that there may be noise from the external area however, party boats regularly pass the vicinity on the Thames, from which music and noise could be heard.           

 

The Sub-Committee was of the view that the noise and public nuisance from the external area would be significant. The extent of the external area and the numbers of people that could be attending, up to 200, would have significant impact on public nuisance and disturbance to residents. The Sub-Committee was of the view that the close proximity of the children’s play area would be impacted upon by the use of the external area and the objective of prevention of harm to children was strongly engaged. The Sub-Committee also considered the impact on the immediate public area, the cycle path and the footpath , and where would up to 200 patrons move to upon the external area being closed,  if the application was granted, given the internal dimensions of the premises. The Sub-Committee also had concerns resulting from overcrowding, littering on the cycle path and footpath, and potential for anti-social behaviour, and crime and disorder.

 

In reaching its decision the Sub-Committee disregarded commercial considerations and the absence of planning permission, and determined the application to give effect to the licensing objectives.         

 

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.

Minutes:

In attendance:

 

Applicant:                       Nicholas Yeomans

                                      Emma Yeomans

 

Making representation:   Councillor Denise Scott-Mcdonald (representing 18 local residents), PC Giles Balestrini (Police licensing), Jane Devine (Planning Enforcement), Ibrahim Elias (Environmental Protection Officer), Mr Ian Leroni, Ms Dana Patel and Mr Zoran Alumuli and Mr Freeman (in Support)

 

The Sub Committee considered an application by Nicholas Yeomans, from from Hopstuff Brewery for the grant of a premises licence in relation to Taproom SE10, Unit 2 River Gardens Walk, London SE10 0FZ

 

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 Officer gave an illustrated introduction to the report and confirmed there were no amendments.

 

The Sub-Committee was addressed by the applicant who confirmed the existence of 3 Taprooms located in Royal Arsenal, Deptford and Ashford in Kent. That they served hopstuff  brewery products and local wines and spirits. He added the lease was contingent on the granting of a licence and

the unit alone was not a viable if the outside area was not included in the licensable activities.

 

The applicant advised the Sub-Committee on the details of the application and confirmed he had met with residents and explained the operations. That it would not be a “happy hour” establishment and customers would be from the local community itself.

 

In response to questions, the applicant confirmed that his other establishments were similar to the premises for the proposed licence. That the Deptford Taproom was directly underneath residential properties with the other 2 surrounded by residential properties. He added that the outside areas for all the Taproom were of the same design and that offering food was the important part of the business bringing in 60-70% of the revenue.

 

The Sub-Committee was addressed by PC Giles Balestrini who was representing the Police Licensing Team. He confirmed the Police had agreed conditions with the applicant apart from condition 5 which was not workable.

 

The Sub-Committee was address Jane Devine from Planning Enforcement who confirmed the matters raised in her written representation were mainly planning related issues however, she felt it was necessary to make the Sub-committee aware of the issues surrounding the external area. She advised that the external area still required planning permission and planning had not had the chance to consider the proposal for the large area requested. She highlighted the planning condition for Lovell’s Wharf requiring a 4-metre vehicular passage to be maintained in addition to the cycle path for emergency vehicles.

 

In response the points raised, the applicant stated there was enough space for emergency vehicles and the public pathway was also available.

 

The Sub-Committee was addressed by Ibraheem Elias from Environmental Health who confirmed he was making representation based on the public nuisance due to noise and odour as this was they had received complaints for similar establishments across the borough. He requested that the conditions on his written representation be added to the licence including the closure of the outside area by 9pm to enable the local residents to have respite during the night time period.

 

In response to the points raised, the applicant stated that they had already agreed to a Police condition to close the outside area by 10pm and were not willing to go down to 9pm. He added that they would ensure that residents were not disturbed outside of operating hours as all seating would be removed, which would roughly take 10 minutes. He also highlighted the agreed That they would promote the licensing objectives by actively managing the music levels

 

The Sub-Committee was addressed by Councillor Denise Scott-McDonald who was speaking on behalf of 18 local resident that had made representation on the application. She read out a statement that had been written and agreed by 46 residents who felt the Taproom was not an appropriate addition to the community and would have a negative impact on people’s lives.

 

Councillor Denise Scott-McDonald summarised the primary case made by the public authorities and the written representations submitted by the residents highlighting the possible obstruction of the river path-public highway. She concluded that the residents were not anti-business however they felt that granting the application would cause a number of problems and quoted paragraph 2.18 of the council licensing policy which states the licensing authority’s approach should be one of prevention.

 

With the agreement of all parties, the residents handed out pictures of the surrounding area including the children’s play area nearby.

 

In response to the points raised, the applicant stated he understood the residents’ concerns and felt he had mitigated the issues.

 

The Sub-Committee received further addresses from local resident in objection to the application who reiterated the previous points raised.

 

The Sub-Committee was addressed by a resident speaking in support of the application who stated that the vacant unit was in desperate need of the kind of business being applied for adding that this would create jobs in the local area. He described Hopstuff Brewery as local independent business that should be celebrated. He highlighted that other local licensed premises had 10pm restrictions on outside areas and stated the same should be agreed for the Taproom. He continued by stating that noise was an issue of living in a major city and that Taproom Greenwich would be a well-run premises that would add to the neighbourhood.

 

All parties, with the exception of the Legal Advisor and the Corporate Governance Officer, withdrew to allow the Sub-Committee to deliberate at 8.11pm. All parties returned at 8.37pm.

 

The Chair informed those present of the decision of the Sub-Committee, andstated that the full details would be given in the formal decision notice.

 

In reaching its decision the Sub-Committee considered and had due regard to the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the statutory Guidance issued under S.182 of that Licencing Act 2003. 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 all of the evidence put before it the Sub-Committee resolved to grant a new Premises Licence for the internal area of the premises only in respect of the Taproom SE10, Unit 2 River Gardens Walk, London SE10 0FZ.

 

The Sub-Committee excluded the external area of the premises, as applied for, for the supply and consumption of alcohol, from the premises licence.

 

Hours for licensable activities: -

 

Supply of alcohol, for consumption on and off the premises shall be

 

Monday – Sunday

11am – 11pm

New Year’s Eve

11am – 1am the next day

 

The Premises Licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant and the conditions agreed with the police, as follows:

 

1.       A CCTV recording system shall be installed that is compliant with, and capable of, capturing an image of evidential standards.

 

2.       All CCTV recordings shall be maintained for a minimum of thirty-one (31) days with date/time stamping. Cameras shall be installed so as to cover both internal and external areas of the premises. At least one camera shall cover ingress/egress points and at least one other camera shall cover the alcohol service area.

 

3.       The CCTV system shall display on any recording the correct time and date of the recording.

 

4.       The CCTV shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

 

5.       Notices shall be displayed advising that CCTV is in operation.

 

6.       Staff shall be fully trained in the operation of the CCTV system and there shall be at least one member of staff on duty during trading hours who is able to provide copies of CCTV recordings to the Police and authorised officers of the Local Authority. Such copies shall, in any event, be provided within 48 hours.

 

7.       All staff shall be instructed to record in an incident book/register all incidents of crime and disorder occurring at the premises and details of any occasion when the police are called. These records shall include the time and date of any incident and the identities of staff members involved. The incident book/register shall be made available for inspection by Police and authorised officers of the Local Authority upon demand.

 

8.       There shall be no open vessels of alcohol permitted beyond the licensed boundary of the premises

 

9.       There shall be no deliveries or waste/recycling collections between 23:00 hours and 07:00 hours the following day.

 

10.     Notices shall be provided to remind persons leaving the premises to do so in a quiet and orderly manner, to minimise disturbance to local residents.

 

11.     The Challenge 25/Think 25 proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 of age shall be challenged to prove that they are over 18 years if age when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or Home Office approved identity card baring 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.

 

12.     All staff shall be trained in the law about the sale of alcohol. Such training shall include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the refusals register. Such training (including any refresher training) shall be logged and provided not less than every twelve months. The training log shall be made available for inspection by Police and authorised persons upon demand.

 

13.     A refusals register shall be kept at the premises, and made immediately available on request to the police or an authorised person. The refusals log is to be inspected on a monthly basis by the DPS and noted in the register, and a record made of any actions that appear to be needed to protect young people from harm. The register must record all refused sales of alcohol and include the following:

a) the identity of the member of staff who refused the sale

b) the date and time of the refusal

c) the alcohol requested and reason for refusal

d) description of the person refused alcohol.

The refusals register shall be made available for inspection by Police and authorised persons.

 

14.     The following posters shall be displayed conspicuously on the premises in customer facing areas:

 

a) ‘Think 25’ – to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25.

b) ‘It’s a Crime!’ – intended to warn adults not to purchase alcohol for persons under 18 years of age.

 

The Sub-Committee also imposed the following conditions which the Applicant had agreed with the police:

 

15.     All sales of alcohol for consumption off the premises shall be sold in sealed containers only.

 

16.     A Duty Manager’s Log shall be kept at the premises, and made available on request to any Police Officer, Police Community Safety Officer, or Authorised Local Authority Officer. The Log shall record the following:

 

a)    All crimes reported to the venue

b)   All ejections of patrons

c)    Any complaints received

d)   Any incidents of disorder

e)   All seizures of drugs or offensive weapons

f)     Any faults in the CCTV system

g)    Any refusal of the sale of alcohol

h)   Any visit by a relevant authority

i)     Any visit by a relevant authority or emergency service

 

17.     Notices shall be prominently displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

18.     A direct contact telephone number for the manager at the premises shall be publicly available at all times when the premises is open. This telephone number is to be made available to residents in the vicinity.   

 

The Premises Licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

In reaching its decision the Sub-Committee considered :–

 

All written representations, from Responsible Authorities and Interested Parties, the Royal Borough of Greenwich’s Statement of Licensing Policy, including paragraph 1.6, Statutory Guidance under section 182 Licensing Act 2003, including paragraphs 14.57 and 14.58 in respect of planning permission.

 

The Sub-Committee heard from Mr Yeomans the applicant and director of Taproom SE10 Ltd. Mr Yeomans submitted that he runs 3 Taprooms currently, that the new business would be selling drinks and pizzas. Mr Yeomans informed the Sub-Committee that the lease for the premises was contingent upon the grant of a premises licence, there would be a responsible use of the outside area, and that the business would not be commercially viable without a premises licence for the outside area.

 

Mr Yeomans submitted that the new Taproom will create a community environment and he was not intending to run a happy hour type of service, and he has experience of operating in residential areas, all of the other Taprooms are within residential areas and have outdoor areas with tables and chairs.

 

In respect of representations regarding lack of planning permission for the outside area, Mr Yeomans stated he was under the impression that the Landlord had already obtained such planning consent and but he would apply for planning permission, if necessary.

 

In reaching its decision the Sub-Committee had due regard to the written representations from the police and the police concerns regarding the use and capacity of the external area and its proper management and concerns for the level of nuisance and disturbance to residents “due to large crowds drinking late into the night”. The Sub-Committee duly noted the Police concerns regarding public safety and patrons spilling out onto the public path and problems that were likely to arise from overcrowding.

 

Pc Balestrini, for the police, informed the Sub-Committee that he had been able to speak with Mr Yeomans earlier in the day and the proposed police conditions, except for condition number 5, on page 114 of the Agenda, had been agreed.  The Sub-Committee noted that the police sought a condition that the external area be closed to patrons at 10pm.

 

The Sub-Committee then heard on behalf of the Local Planning Authority. The Sub-Committee was informed that the proposal does not have planning permission and that no application for planning consent has been received. The local Planning Authority had concerns regarding public nuisance and public safety. There would be noise from the proposed use of the external area, and from deliveries and servicing of the premises. The amenity of residential accommodation and occupiers would be significantly impacted including by noise from the external. The local Planning authority also had concerns regarding the scale of the proposed external area use, as it abutted the Thames Cycle Path, residents would have to cross the cycle path to pass the premises, and planning permission for Lovell’s Wharf requires the maintenance of a 4 metres vehicular access for emergency vehicles which would not be available if the premises licence was granted.

 

The Sub-Committee received submissions on behalf of Environmental Health and noted the conditions sought regarding disturbance to residents from noise nuisance and that the external area be closed to patrons at 9pm.   

 

The Sub-Committee received submissions from Councillor Scott-McDonald on behalf of residents who had made representations against the Application. There were concerns regarding protection of children from harm and the children’s play area which was just 5 metres from the premises and the litter and adult conversations that very young children would be exposed to. The highly residential nature of the vicinity was also a major concern, with residential accommodation being above and around the premises, only just metres away from the premises including on the ground floor. There were concerns regarding public nuisance, litter and discarded drinking vessels being left on the public areas and the public footpath. The premises should not be compared to other Taprooms where the external areas were significantly smaller.  There was a very real concern about the disturbance and noise from the premises and reflected by 46 residents writing in to object.

 

The Sub-Committee had due regard to the submissions made by Ms. Dana Pavel, Mr Bowles, Mr Zorun Almuli who further explained the concerns of the residents and echoed and amplified the representations made by Councillor Scott-McDonald.

 

Mr Freeman made submissions in support of the application and that it would bring in much needed investment to the locality and add to the vibrancy of the area. Mr Freeman stated that there may be noise from the external area however, party boats regularly pass the vicinity on the Thames, from which music and noise could be heard.           

 

The Sub-Committee was of the view that the noise and public nuisance from the external area would be significant. The extent of the external area and the numbers of people that could be attending, up to 200, would have significant impact on public nuisance and disturbance to residents. The Sub-Committee was of the view that the close proximity of the children’s play area would be impacted upon by the use of the external area and the objective of prevention of harm to children was strongly engaged. The Sub-Committee also considered the impact on the immediate public area, the cycle path and the footpath , and where would up to 200 patrons move to upon the external area being closed,  if the application was granted, given the internal dimensions of the premises. The Sub-Committee also had concerns resulting from overcrowding, littering on the cycle path and footpath, and potential for anti-social behaviour, and crime and disorder.

 

In reaching its decision the Sub-Committee disregarded commercial considerations and the absence of planning permission, and determined the application to give effect to the licensing objectives.         

 

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.

Supporting documents: