Greenwich Council

Agenda item.

The Ship, 205 Plumstead Common Road, Plumstead SE18 2UJ

Application for a premises licence

Decision:

Application for a new Premises Licence for

The Ship Public House,

205 Plumstead Common Road, London,  SE18 2UJ

 

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.

 

Having considered all written representations, evidence and submissions the Sub-Committee granted a new premises licence subject to the volunteered and agreed conditions, as follows:  

 

Supply of Alcohol for consumption on the premises:

Sunday – Thursday from Midday - 11pm

Friday – Saturday from Midday to 11:45pm

 

Playing of Recorded Music:

Friday- Saturday from Midday to 11.45pm

 

Opening Hours of Premises:

Sunday to Thursday, from Midday to 11:30pm

Friday – Saturday, from Midday to Midnight. 

 

Conditions:

 

1.     The premises shall install and maintain a comprehensive CCTV system. All public areas of the licensed premises, including all public entry and exit points, and the street environment, shall be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of thirty-one (31) days with date & time-stamping. Recordings shall be made available immediately upon the request of a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer. The CCTV system should be updated and maintained according to Police recommendations.

2.     A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to retrieve footage to show to a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer promptly upon request; and, if requested, copies shall be provided within forty-eight (48) hours.

3.     There shall be no sales of alcohol for consumption off the premises.

4.     An incident 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. This log shall record the following:

(i)    All crimes reported to the venue;

(ii)    All ejections of patrons;

(iii)   Any complaints received;

(iv)   Any incidents of disorder;

(v)    All seizures of drugs or offensive weapons;

(vi)   Any faults in the CCTV system or searching equipment or    scanning equipment;

(vii)  Any visit by a relevant authority or emergency service.

5.     All fire exit doors shall be maintained to be easily operable without the use of a key, card, code or similar means; shall be regularly checked to ensure that they function satisfactorily; and a record of the checks shall be kept.

6.     Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

7.     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.

8.     The number of persons permitted in the premises at any one time (including staff) shall not exceed 250.

9.     Patrons shall not be permitted to take drinks or glass containers outside the premises. This includes any patron who temporarily leaves the premises to smoke.

10.   As soon as possible, and in any event within one month from the grant of this licence, the premises shall join the local ‘Pub Watch’ or other local crime reduction scheme approved by the Police, and the Local Radio scheme if available.

11.   Where rooms at the premises are let to individuals or groups for private hire, a hire agreement shall be in place that includes an outline of the conditions on the Premises Licence and clearly states the responsibilities of the hirer in respect of upholding such conditions.

12.   Where the premises are let to individuals or groups for private hire, a named person shall be responsible for ensuring that conditions of the Premises Licence are adhered to. This person shall provide their details to the licence holder in writing in advance of the event and their details shall be retained for a period of at least thirty-one (31) days after the date of the event.

13.   A written drugs policy, approved by Greenwich Licensing Police, that details how the operator aims to prevent customers or staff bringing illegal drugs into the premises, and further details procedures for dealing with any drugs found either on customers or within the premises, shall be in place and operate at the premises.

14.   There must be a lockable Drugs Box at the premises, access to which shall be restricted to the Police and Designated Premises Supervisor (DPS) only. All controlled drugs (or items suspected to be or to contain controlled drugs) found at the premises must be placed in this box immediately. Whenever this box is emptied, all of its contents must be given to the Metropolitan Police for appropriate disposal.

15.   A written dispersal policy, approved by Greenwich Licensing Police, shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours. This written policy shall be available to be produced to any Police Officer, Police Community Support Officer, or authorised Local Authority Officer on request.

16.   Fire and building safety checks shall be carried out before the admission of the public and details of such checks shall be kept in a log book.

17.   An adequate supply of first aid equipment and materials shall be available on the premises, with at least one suitably trained first-aider on duty when the public are present.

18.   External doors and windows to the premises shall be kept closed whilst regulated entertainment is taking place, except for access & egress.

19.   The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 shall 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 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.

20.   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; understanding acceptable forms of ID; and using the refusal register. Such training (including any refresher training) shall be logged and provided not less than every six (6) months. The training log shall be made available upon demand for inspection by any Police Officer, Police Community Support Officer, or authorised Local Authority Officer.

21.   A refusals log must be kept at the premises and made immediately available on request to any Police Officer, Police Community Support Officer, or authorised Local Authority Officer. The refusals log shall be inspected on a monthly basis by the DPS and noted in the log, and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:

(i).    The identity of the member of staff who refused the sale;

(ii)    The date and time of the refusal;

(iii)   The alcohol requested and reason for refusal;

(iv)   A description of the person refused alcohol.

22.   The following posters shall be displayed conspicuously in the premises in customer-facing areas:

(i)    Think 25’ (or similar) to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25.

(ii)    ‘It’s A Crime’ (or similar) intended to warn adults not to buy alcohol for those under 18 years-of-age.

23.   Registered Security Industry Authority (SIA) door supervisors, i.e. two or more, shall be employed on a risk-assessed basis after 21:00 hours on Fridays & Saturdays, and public holidays, during any regulated entertainment taking place on the premises. Where appropriate, such an assessment shall be made in liaison with the Greenwich Licensing Police, with numbers of attendees and the demographic forming a basis.

24.   Notwithstanding Condition 23 above, at least one registered SIA door supervisor shall be employed during any regulated entertainment taking place on the premises after 21:00 hours on Fridays, Saturdays, and bank holidays.

 

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 Licensing Sub-Committee considered the revised application for a new Premises Licence. The revised reduced hours for licensable activities had been submitted by the applicant having considered the 29 objections that had been received in response to the application that had first been received by the Licensing Authority. The Sub-Committee noted that the previous premises licence for the premises that had operated since 2007, had lapsed through the License holder company being dissolved.

 

The Sub-Committee noted the 4 complaints regarding noise and disturbance that had been received between 23 May 2014 and the single complaint of noise received in 2018, on 30 September. The licensing officer informed the Sub-Committee that there had been no complaints received by the Licensing Team for residents.

 

The Sub-Committee, in arriving at its decision, took into consideration that the premises are situated within a mixed residential and commercial locality. Moreover, the Sub-Committee noted that there are other premises in the vicinity that have permitted licensable activities to midnight and one premises operates to 2am at the weekend.

 

The Sub-Committee received submissions from Mr Jordan on behalf of the Applicant who was also present.

 

Mr Jordan submitted that the premises has sound proofing on the ceiling and windows and the application for the licence had been revised to reflect the 29 objections that had initially been received from residents, however, 28 of the objections had been withdrawn in response to the revised premises licence application. The premises had made full use of Temporary Event Notices up to 2.30am and no complaints had been received by the premises. The application had not been opposed by residents other than the terminal hours that had originally been applied for.  The main entrance of the premises opens towards the Common and not towards residential units, the remaining complainant could meet the Applicant if he wishes to address any issues. The revised hours applied for are less than those of 2 other premises nearby, and are not unusual. 

Those patrons leaving the premises to obtain takeaways are not allowed back into the premises and there is an agreed condition, as with the lapsed licence, that prohibits any drinks being taken outside. There is no lobby to the entrance door which has an effective self-closing mechanism.

 

Cllr. Gardner then addressed the Sub-Committee on behalf of Mr Vinten and Ms Morrissey, who were not present due to work commitments. There was no objection to the premises in principle but the remaining objectors want more conditions added to the premises licence. Cllr Gardner submitted that the outside space causes commotion and its use should only be permitted to 10pm. Further submissions included that the premises should install a noise limiter to regulate the music rather than reliance upon DJ’s bringing their own noise limiters, that doors should remain closed to prevent escape of noise, and there was creepage in that the premises were seeking to remain open until 10.45pm on Sundays, the permitted times should reflect the previous licence granted in 2007.

 

The Sub-Committee in reaching its decision took into consideration that there were no representations from Responsible Authorities, and particularly from Environmental Health regarding noise and public nuisance. The Sub-Committee considered that the conditions to be imposed upon the premises licence properly promoted the licensing objectives and that the operating hours for the licensable activities were in line with the licensing objectives and the Council’s Statement of Licensing Policy. The Sub-Committee determined the application upon the basis of the circumstances subsisting as at the date of the hearing before the Sub-Committee and it was not appropriate to grant a licence based upon the considerations and circumstances existing when the previous licence was granted for the premises in 2007.

 

The Applicant, or any other person who made relevant representations to the application may appeal against the Council’s decision to the Magistrates’ Court. Such an appeal must be submitted to the Magistrates Court within 21 days of the date stated in the covering email/letter accompanying the Notice of Decision.

 

 

 

Minutes:

In Attendance:

 

Applicant                       Pakash Patel – The Ship Sports Bar Limited; Robert Jordan (Representative)

 

Making Representation  Mr Ian Vinten and Ms Marie Morrissey

(against the application)  (represented by Councillor David Gardner)

 

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 Mr Pakash Patel, the Ship Sports Bar Limited for the grant of a premises licence for the Ship Public House, 205 Plumstead Common Road, London SE18 2UJ.

 

The Licensing Officer gave an illustrated introduction of the report.

He advised the Sub-Committee that the premises licence had lapsed because the previous holding company had been dissolved.

 

The applicant’s representative addressed the Sub-Committee. He explained that the premises had soundproofing and 10ml toughened glass in the windows. He advised that the pub was noisier when a DJ was in residence.  He continued that none of the responsible authorities had made representation against the application. He said that the complaints related to the previous licence holders. There was a nominated person on site from 8pm and the present owner ran the premises well. He added that recent events to 2am covered by Temporary Event Notices had not drawn any complaints.  He said that the outside door opened outwards towards the common. The applicant would monitor the noise created in the outdoor smoking area in front of the pub. He also asked that the Sub-Committee noted that there were two further pubs in the area, The Mill and The Star, had later closing hours. With regard to patrons using The Flame Kebab which has a closing time of 1am, they were not permitted to take food back in to The Ship, and it was The Flame’s responsibility to monitor noise levels outside their premises. The applicant offered to provide a contact number that residents could call if they were disturbed by noise from The Ship.

 

In response to a question from the Sub-Committee, the applicant’s representative explained that the outside door did not have a lobby or an inner door.

 

Councillor Gardner addressed the Sub-Committee on behalf of a resident against the application. He spoke to their representation as given at Appendix E.

 

The applicant’s representative responded that the door was self-closing and was quite thick. He said that the outside space would be difficult to monitor after 22:00 but the applicant would provide a telephone number for residents to call and would ensure notices displayed.

 

All parties with the exception of the Legal Advisor and Corporate Governance Officer, withdrew to allow the Sub-Committee to deliberate at 6.58pm. All parties returned at 7.15pm.

 

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

 

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.

 

Having considered all the evidence put before it, the Sub-Committee

Resolved -

To grant a new Premises Licence under the Licensing Act 2003 subject to the volunteered and agreed conditions, as follows:

 

The Ship Public House, 205 Plumstead Common Road, London, SE18 2UJ

 

Supply of Alcohol for consumption on the premises:

Sunday – Thursday from Midday - 11pm

Friday – Saturday from Midday to 11:45pm

 

Playing of Recorded Music:

Friday- Saturday from Midday to 11.45pm

 

Opening Hours of Premises:

Sunday to Thursday, from Midday to 11:30pm

Friday – Saturday, from Midday to Midnight. 

 

Conditions:

 

1.     The premises shall install and maintain a comprehensive CCTV system. All public areas of the licensed premises, including all public entry and exit points, and the street environment, shall be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of thirty-one (31) days with date & time-stamping. Recordings shall be made available immediately upon the request of a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer. The CCTV system should be updated and maintained according to Police recommendations.

 

2.     A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to retrieve footage to show to a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer promptly upon request; and, if requested, copies shall be provided within forty-eight (48) hours.

 

3.     There shall be no sales of alcohol for consumption off the premises.

 

4.     An incident 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. This log shall record the following:

(i)    All crimes reported to the venue;

(ii)    All ejections of patrons;

(iii)   Any complaints received;

(iv)   Any incidents of disorder;

(v)    All seizures of drugs or offensive weapons;

(vi)   Any faults in the CCTV system or searching equipment or    scanning equipment;

(vii)  Any visit by a relevant authority or emergency service.

 

5.     All fire exit doors shall be maintained to be easily operable without the use of a key, card, code or similar means; shall be regularly checked to ensure that they function satisfactorily; and a record of the checks shall be kept.

 

6.     Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

7.     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.

 

8.     The number of persons permitted in the premises at any one time (including staff) shall not exceed 250.

 

9.     Patrons shall not be permitted to take drinks or glass containers outside the premises. This includes any patron who temporarily leaves the premises to smoke.

 

10.   As soon as possible, and in any event within one month from the grant of this licence, the premises shall join the local ‘Pub Watch’ or other local crime reduction scheme approved by the Police, and the Local Radio scheme if available.

 

11.   Where rooms at the premises are let to individuals or groups for private hire, a hire agreement shall be in place that includes an outline of the conditions on the Premises Licence and clearly states the responsibilities of the hirer in respect of upholding such conditions.

 

12.   Where the premises are let to individuals or groups for private hire, a named person shall be responsible for ensuring that conditions of the Premises Licence are adhered to. This person shall provide their details to the licence holder in writing in advance of the event and their details shall be retained for a period of at least thirty-one (31) days after the date of the event.

 

13.   A written drugs policy, approved by Greenwich Licensing Police, that details how the operator aims to prevent customers or staff bringing illegal drugs into the premises, and further details procedures for dealing with any drugs found either on customers or within the premises, shall be in place and operate at the premises.

 

14.   There must be a lockable Drugs Box at the premises, access to which shall be restricted to the Police and Designated Premises Supervisor (DPS) only. All controlled drugs (or items suspected to be or to contain controlled drugs) found at the premises must be placed in this box immediately. Whenever this box is emptied, all of its contents must be given to the Metropolitan Police for appropriate disposal.

 

15.   A written dispersal policy, approved by Greenwich Licensing Police, shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours. This written policy shall be available to be produced to any Police Officer, Police Community Support Officer, or authorised Local Authority Officer on request.

 

16.   Fire and building safety checks shall be carried out before the admission of the public and details of such checks shall be kept in a log book.

 

17.   An adequate supply of first aid equipment and materials shall be available on the premises, with at least one suitably trained first-aider on duty when the public are present.

 

18.   External doors and windows to the premises shall be kept closed whilst regulated entertainment is taking place, except for access & egress.

 

19.   The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 shall 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 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.

 

20.   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; understanding acceptable forms of ID; and using the refusal register. Such training (including any refresher training) shall be logged and provided not less than every six (6) months. The training log shall be made available upon demand for inspection by any Police Officer, Police Community Support Officer, or authorised Local Authority Officer.

 

21.   A refusals log must be kept at the premises and made immediately available on request to any Police Officer, Police Community Support Officer, or authorised Local Authority Officer. The refusals log shall be inspected on a monthly basis by the DPS and noted in the log, and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:

(i).    The identity of the member of staff who refused the sale;

(ii)    The date and time of the refusal;

(iii)   The alcohol requested and reason for refusal;

(iv)   A description of the person refused alcohol.

 

22.   The following posters shall be displayed conspicuously in the premises in customer-facing areas:

(i)    Think 25’ (or similar) to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25.

(ii)    ‘It’s A Crime’ (or similar) intended to warn adults not to buy alcohol for those under 18 years-of-age.

 

23.   Registered Security Industry Authority (SIA) door supervisors, i.e. two or more, shall be employed on a risk-assessed basis after 21:00 hours on Fridays & Saturdays, and public holidays, during any regulated entertainment taking place on the premises. Where appropriate, such an assessment shall be made in liaison with the Greenwich Licensing Police, with numbers of attendees and the demographic forming a basis.

 

24.   Notwithstanding Condition 23 above, at least one registered SIA door supervisor shall be employed during any regulated entertainment taking place on the premises after 21:00 hours on Fridays, Saturdays, and bank holidays.

 

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

 

The Licensing Sub-Committee considered the revised application for a new Premises Licence. The revised reduced hours for licensable activities had been submitted by the applicant having considered the 29 objections that had been received in response to the application that had first been received by the Licensing Authority. The Sub-Committee noted that the previous premises licence for the premises that had operated since 2007, had lapsed through the License holder company being dissolved.

 

The Sub-Committee noted the 4 complaints regarding noise and disturbance that had been received between 23 May 2014 and the single complaint of noise received in 2018, on 30 September. The licensing officer informed the Sub-Committee that there had been no complaints received by the Licensing Team for residents.

 

The Sub-Committee, in arriving at its decision, took into consideration that the premises are situated within a mixed residential and commercial locality. Moreover, the Sub-Committee noted that there are other premises in the vicinity that have permitted licensable activities to midnight and one premises operates to 2am at the weekend.

 

The Sub-Committee received submissions from Mr Jordan on behalf of the Applicant who was also present.

 

Mr Jordan submitted that the premises has sound proofing on the ceiling and windows and the application for the licence had been revised to reflect the 29 objections that had initially been received from residents, however, 28 of the objections had been withdrawn in response to the revised premises licence application. The premises had made full use of Temporary Event Notices up to 2.30am and no complaints had been received by the premises. The application had not been opposed by residents other than the terminal hours that had originally been applied for.  The main entrance of the premises opens towards the Common and not towards residential units, the remaining complainant could meet the Applicant if he wishes to address any issues. The revised hours applied for are less than those of 2 other premises nearby, and are not unusual.

 

Those patrons leaving the premises to obtain takeaways are not allowed back into the premises and there is an agreed condition, as with the lapsed licence, that prohibits any drinks being taken outside. There is no lobby to the entrance door which has an effective self-closing mechanism.

 

Cllr. Gardner then addressed the Sub-Committee on behalf of Mr Vinten and Ms Morrissey, who were not present due to work commitments. There was no objection to the premises in principle but the remaining objectors want more conditions added to the premises licence. Cllr Gardner submitted that the outside space causes commotion and its use should only be permitted to 10pm. Further submissions included that the premises should install a noise limiter to regulate the music rather than reliance upon DJ’s bringing their own noise limiters, that doors should remain closed to prevent escape of noise, and there was creepage in that the premises were seeking to remain open until 10.45pm on Sundays, the permitted times should reflect the previous licence granted in 2007.

 

The Sub-Committee in reaching its decision took into consideration that there were no representations from Responsible Authorities, and particularly from Environmental Health regarding noise and public nuisance. The Sub-Committee considered that the conditions to be imposed upon the premises licence properly promoted the licensing objectives and that the operating hours for the licensable activities were in line with the licensing objectives and the Council’s Statement of Licensing Policy. The Sub-Committee determined the application upon the basis of the circumstances subsisting as at the date of the hearing before the Sub-Committee and it was not appropriate to grant a licence based upon the considerations and circumstances existing when the previous licence was granted for the premises in 2007.

 

The Chair announced that should the applicant, or any other person who made relevant representations to the application be aggrieved by the Council’s decision, they had the right to appeal to the Magistrate’s Court. Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period was deemed to have started, which would be stated in the cover email or letter to the Notice of Decision.

 

Supporting documents: