Greenwich Council

Agenda item.

Oyster Catcher, Unit K1, King’s Lodge, 7 Victoria Parade, Greenwich SE10 9FR

Application for a premises licence

Decision:

Application for a new Premises Licence for

The Oystercatcher

Unit 1, King’s Lodge, 7 Victoria Parade, London SE10 9FR

 

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, and the Statement of Case for the Applicant, the Sub-Committee granted a new premises licence subject to the volunteered and agreed conditions, as follows:

 

Supply of Alcohol, both on and off the premises:

Monday to Saturday, from 10:00 hours until 23:00 hours;

Sunday from 10:00 hours until 22:30 hours.

 

Hours the Premises Open to the Public:

Monday to Saturday, from 09:00 hours until 23:20 hours;

Sunday, from 09:00 hours until 22:50 hours.

 

Recorded Music: withdrawn.

 

Provision of Late Night Refreshment: withdrawn.

 

Conditions:

 

1.         The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Metropolitan Police. 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 31 days with date and time stamping. Recordings shall be made available immediately upon the request of 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 Duty Manager's log shall be kept at the premises, and promptly made available upon request to any Police Officer, Police Community Safety Officer or authorised Local Authority Officer. This log will 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 or searching equipment or scanning equipment;

g)        any refusal of the sale of alcohol;

h)        any visit by a relevant authority or emergency service.

 

3.         Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

4.         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.

 

5.         Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

6.         The use of the outside terraced area shall cease completely at 23:00 hours on each trading evening from Monday to Saturday. The clearing up of the outside terrace and vacating of customers from the terrace shall commence at 10:30pm each evening.

 

7.         The outside terrace shall be supervised by a dedicated manager.

 

8.         The premises licence holder shall ensure that any patrons drinking and or smoking outside the premises do so in an orderly manner and are supervised.

 

9.         All external doors and windows to the premises shall be kept closed whilst regulated entertainment is taking place except for access and egress.

 

10.     No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on a business in the area where the premises are situated.

 

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 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 baring the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply shall be made to or for that person.

 

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

 

13.      There shall be no deliveries or collections from the premises between 10pm – 8am the following day.

 

14.     All waste and refuse shall be placed outside no earlier than 30 minutes before collection in sealed containers.

 

15.     During the hours of operation of the premises the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste from arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with approved refuse storage arrangements by close of business.

 

16.     A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to the residents and businesses in the vicinity and on the premises’ or licence holder’s website.

 

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

 

Basis for Decision

 

The Licensing Sub-Committee considered the application for the new premises licence on basis of the revised application as set out in the applicant’s Statement of Case, with revised hours for licensable activities and the application for the provision of late night refreshment being withdrawn. The Sub-Committee also noted the further concessions made in the Statement of Case and during the hearing, including no deliveries to the premises from 10pm each night until the following morning, and the reduction of drinking up time to just 20 minutes. The further commitment regarding refuse awaiting collection, and supervision of patrons was noted.

 

The Sub-Committee received submissions from Mr McCann, solicitor for the applicant. Ms Michelle Moran was also present and will be the manager of the premises.

 

Mr McCann confirmed that he had managed to speak to a number of residents and objectors outside the hearing room and offered further concessions regarding drinking up time, waste collection and the outside terrace area. Mr McCann sought an adjustment to the opening hours for the premises to open at 9am but the sale of alcohol was to remain as in the Statement of Case, commencing at 10am each day. The clearing up of the outside terrace will commence at 10:30pm with a hard stop at 11pm and upon which the operator could not offer any further concessions, the objectors wanted, closure at 10pm.

 

It was further submitted, that the premises were to be a food led operation and not a vertical drinking establishment, whereas the Sail Loft, adjacent to the premises is a pub operation.  The applicant had taken note of the objections to the original application and by making changes had addressed the residents’ concerns. There were also no representations from responsible authorities, including environmental health, and the premises could not control those individuals just walking past the premises. Telephone numbers will be made available for residents to raise issues with the premises manager and the applicant was mindful of the areas for smoking to be used for smoking.

 

The Sub-Committee then heard from Mr Pickup, on his own behalf and for residents of 6 flats above the premises. The residents were not against the proposal in principle and the residents were aware of the issues that do arise. The residents wanted noise to be further restricted by conditions including when cleaners and staff come to the premises, not before 8.30am, deliveries would still be loud because of trolleys being used on the type of surface on the estate, that the layout of the outside terrace should be regulated by conditions and not permit the same arrangement that the Sail Loft has. During the summer months there are, and will be, people loitering after closing, the location is a highly residential one. Residents are not able to open windows in the summer because of people smoking outside and the accumulation of smoke. There would also be crowding of the path by the river.

 

The Sub-Committee gave due regard to the points raised by Mr Pickup. The Sub-Committee also considered that the nature of the objections were imbued with the residents’ experience of the present use of the commercial premises next to those that the applicant was intending to operate.

 

Mr McCann responded that he did not disagree with the points that had been raised, however, there had to be caution regarding issuing a licence that was too prescriptive. The premises were not yet open and the applicant was open to discussion to address issues that may or may not arise.

 

In reaching its decision, the Sub-Committee had regard to the estate and the space that had been set aside for commercial activity. The Sub-Committee considered the revised hours for licensable activities and the conditions that were offered and subject to which a premises licence would be granted. The Sub-Committee considered that the premises will not add to the cumulative impact in the area. The operation of the premises will be properly regulated by the conditions of the licence and properly shield the residents from noise and public nuisance and give effect to the licensing objectives.

 

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 accompany the Notice of Decision.

 

Minutes:

In Attendance:

 

Applicant                       Michelle Moran (Operations Manager)

The Liberty (City) Pub Company Limited

Niall McCann (Representative)

 

Making Representation  Charles Pickup (speaker), Lizzie Pickup,

(against the application)   Mats Ellefsen, Nicholas Bloy, Riaz Nathoo, Kallirroi Tsangaris

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received, including the submission from the applicant, and that all parties were aware of their right to be represented.

 

The Sub-Committee considered an application made by The Liberty (City) Pub Company Limited for the grant of a premises licence for The Oystercatcher, Unit K1, Kings Lodge, 7 Victoria Parade, London SE10 9FR.

 

The Licensing Officer gave an illustrated introduction of the report.

 

The applicant’s representative addressed the Sub-Committee. He advised that further concessions had been made as follows;

·               Reduced drinking up time of twenty minutes;

·               Waste would be left for collection thirty minutes beforehand and would be kept in sealed containers, pick up of rubbish would be seven days per week if necessary;

·               The outside area would have a dedicated manager, the outside area would be cleared from 22:30 for closure at 23:00,

·               All outdoor furniture would be stored so as not usable when the

pub was closed.

·               Delivery and pick up would not take place between 22:00 and 8:00.

·               Recorded music was withdrawn.

·               Provision of late night refreshment was withdrawn.

 

He continued it would be a food led operation with a more independent vibe. The company were unable to undertake due diligence as it was a new premises and they applied on the same licence terms as the Sail Loft. When made aware of the representations from residents they had amended their application. A number of representations were withdrawn at this point. The statutory authorities made no representations. He concluded that the premise’s lease also contained restrictive clauses.

 

In response to questions from the Sub-Committee, the representative said that a telephone number for residents and on the website would enable them to call regarding noise nuisance. He continued that they did not anticipate large numbers of smokers but they would be mindful of this.

 

Charles Pickup addressed the Sub-Committee on behalf of those making representation against the application. He said that residents were not objecting in principle to a licensed premises but their collective experience had been of issues with the Sail Loft. He said they welcomed the changes already made to the proposed application. The main concerns were with regard to noise nuisance, including daily set-up, patrons and staff outside the premises, closing time activities, music, deliveries and rubbish collection. He asked that set-up times for weekends and Bank Holidays be no earlier than 9.30am. He added that the outside seating was of concern, as if permanent, it would encourage patrons to stay after hours. He emphasised that this was a highly residential area, and many residents rise and retire early. He requested that the outside area close earlier at 22.00. He also asked that staff be responsible for the effective dispersal of patrons after closing.

 

Mr Pickup queried where rubbish would be stored, given the issues of smell, vermin, and noise created on collection days. He highlighted the need to minimise the impact on residents especially during the summer months.

 

He continued that a nursery and playground were located less than 100metres from the premises. Additionally, there was concern for public safety and crowding on the river and cycle path. Also there was the potential for crime and disorder increasing with patrons from both The Oystercatcher and The Sail Loft drinking outside.

 

In response to a question from the Sub-Committee, the applicant responded that they would not be in agreement with closing the outside area at 22.00. This would put them at a competitive disadvantage and they had already made a number of concessions. He added that they would not wish the licence to be too prescriptive. It was preferred that residents contact the number provided if there were problems, and communication be kept open. He reiterated that the outdoor seating would be stored so that it was not usable out of hours and staff would actively disperse patrons after closing. He added that space for rubbish storage was in the building and it only be put out thirty minutes before collection in sealed containers. Outside of opening hours, staff would work quietly, so as not to disturb residents.

 

All parties with the exception of the Legal Advisor and Corporate Governance Officer withdrew to allow the Sub-Committee to deliberate at 8.02pm. All parties returned at 8.13pm.

 

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 Oystercatcher, Unit K1, King’s Lodge, 7 Victoria Parade, London, SE10 9FR

 

Supply of Alcohol, both on and off the premises:

Monday to Saturday, from 10:00 hours until 23:00 hours;

Sunday from 10:00 hours until 22:30 hours.

 

Hours the Premises Open to the Public:

Monday to Saturday, from 09:00 hours until 23:20 hours;

Sunday, from 09:00 hours until 22:50 hours.

 

Recorded Music: withdrawn.

 

Provision of Late Night Refreshment: withdrawn.

 

Conditions:

 

1.         The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Metropolitan Police. 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 31 days with date and time stamping. Recordings shall be made available immediately upon the request of 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 Duty Manager's log shall be kept at the premises, and promptly made available upon request to any Police Officer, Police Community Safety Officer or authorised Local Authority Officer. This log will 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 or searching equipment or scanning equipment;

g)        any refusal of the sale of alcohol;

h)        any visit by a relevant authority or emergency service.

 

3.         Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

4.         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.

 

5.         Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

6.         The use of the outside terraced area shall cease completely at 23:00 hours on each trading evening from Monday to Saturday. The clearing up of the outside terrace and vacating of customers from the terrace shall commence at 10:30pm each evening.

 

7.         The outside terrace shall be supervised by a dedicated manager.

 

8.         The premises licence holder shall ensure that any patrons drinking and or smoking outside the premises do so in an orderly manner and are supervised.

 

9.         All external doors and windows to the premises shall be kept closed whilst regulated entertainment is taking place except for access & egress.

 

10.     No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on a business in the area where the premises are situated.

 

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 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 baring the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply shall be made to or for that person.

 

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

 

13.     There shall be no deliveries or collections from the premises between 10pm – 8am the following day.

 

14.     All waste and refuse shall be placed outside no earlier than 30 minutes before collection in sealed containers.

 

15.     During the hours of operation of the premises the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste from arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with approved refuse storage arrangements by close of business.

 

16.     A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to the residents and businesses in the vicinity and on the premises’ or licence holder’s website.

 

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

 

Basis for Decision

 

The Licensing Sub-Committee considered the application for the new premises licence on basis of the revised application as set out in the applicant’s Statement of Case, with revised hours for licensable activities and the application for the provision of late night refreshment being withdrawn. The Sub-Committee also noted the further concessions made in the Statement of Case and during the hearing, including no deliveries to the premises from 10pm each night until the following morning, and the reduction of drinking up time to just 20 minutes. The further commitment regarding refuse awaiting collection, and supervision of patrons was noted.

 

The Sub-Committee received submissions from Mr McCann, solicitor for the applicant. Ms Michelle Moran was also present and will be the manager of the premises.

 

Mr McCann confirmed that he had managed to speak to a number of residents and objectors outside the hearing room and offered further concessions regarding drinking up time, waste collection and the outside terrace area. Mr McCann sought an adjustment to the opening hours for the premises to open at 9am but the sale of alcohol was to remain as in the Statement of Case, commencing at 10am each day. The clearing up of the outside terrace will commence at 10:30pm with a hard stop at 11pm and upon which the operator could not offer any further concessions, the objectors wanted, closure at 10pm.

 

It was further submitted, that the premises were to be a food led operation and not a vertical drinking establishment, whereas the sail loft, adjacent to the premises is a pub operation.  The applicant had taken note of the objections to the original application and by making changes had addressed the residents’ concerns. There were also no representations from responsible authorities, including environmental health, and the premises could not control those individuals just walking past the premises. Telephone numbers will be made available for residents to raise issues with the premises manager and the applicant was mindful of the areas for smoking to be used for smoking.

 

The Sub-Committee then heard from Mr Pickup, on his own behalf and for residents of 6 flats above the premises.  The residents were not against the proposal in principle and the residents were aware of the issues that do arise. The residents wanted noise to be further restricted by conditions including when cleaners and staff come to the premises, not before 8.30am, deliveries would still be loud because of trolleys being used on the type of surface on the estate, that the layout of the outside terrace should be regulated by conditions and not permit the same arrangement that the sail loft has. During the summer months there are, and will be, people loitering after closing, the location is a highly residential one. Residents are not able to open windows in the summer because of people smoking outside and the accumulation of smoke. There would also be crowding of the path by the river.   

 

The Sub-Committee gave due regard to the points raised by Mr Pickup. The Sub-Committee also considered that the nature of the objections were imbued with the residents’ experience of the present use of the commercial premises next to those that the applicant was intending to operate.

 

Mr McCann responded that he did not disagree with the points that had been raised, however, there had to be caution regarding issuing a licence that was too prescriptive. The premises were not yet open and the applicant was open to discussion to address issues that may or may not arise.

 

In reaching its decision, the Sub-Committee had regard to the estate and the space that had been set aside for commercial activity. The Sub-Committee considered the revised hours for licensable activities and the conditions that were offered and subject to which a premises licence would be granted. The Sub-Committee considered that the premises will not add to the cumulative impact in the area. The operation of the premises will be properly regulated by the conditions of the licence and properly shield the residents from noise and public nuisance and give effect to the licensing objectives.

 

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.

 

 

Supporting documents: