Greenwich Council

Agenda item.

Rox, 190-194 Eltham High Street, London, SE9

Application for a premises licence

Decision:

The Rox Bar, 190-194 Eltham High Street, Eltham,

London, SE9 1BJ

 

 

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 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 of the written evidence and representations and submissions received during the hearing, the Licencing Sub-Committee resolved to grant a Premises Licence.

 

The hours for licensable activities shall be as follows:

 

The provision of recorded music and anything of a similar description to live music, and recorded music shall be  

 

Sunday to Thursday

10am to 11pm

Friday and Saturday

10am – Midnight

 

The provision of Late Night Refreshment shall be

 

Friday and Saturday only

11pm to Midnight

 

The supply of alcohol, for consumption on the premises only shall be

 

Sunday  to Thursday

10am to 11pm

 

Friday and Saturday

10am to Midnight

 

Non-standard timings for the licensable activities on Christmas Eve, New Year’s Eve, Boxing Day, St Valentine’s Day, and the Thursday preceding Good Friday shall be

 

 From 10am to 2am the next day

 

 

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.

 

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

 

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 who is conversant with the operation of the CCTV system shall be present on the premises at all times when the premises are open to the public. This staff member must be able to retrieve CCTV footage to show to a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer upon request.

3.    No alcohol shall be sold at any time when the CCTV system is inoperative.

4.    Alcohol shall only be sold to persons having a substantial table meal or those waiting to be seated immediately prior to having a table meal. There shall be no supply of alcohol for consumption off the premises.

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

6.    An Incident Book 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 Incident Book shall record (but not be limited to) the following:

·          All crimes reported to the premises;

·           Ejection of patrons from the premises;

·          Any complaints received in respect of the use of the premises when licensable activities are taking place;

·          Any incidents of disorder;

·          All seizures of drugs or weapons;

·          Any faults in the CCTV system or searching equipment or scanning equipment;

·          Any refusal of the sale of alcohol;

·          Any visit by an officer of a Responsible Authority or emergency service.

7.    The Incident Book shall be inspected on a monthly basis by the   Designated Premises Supervisor and noted in the book, and a record made in the book of any actions that appear to be needed to uphold the licensing objectives.

8.    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.

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

10. All staff shall be trained in the law relating to 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 recorded and provided not less than every six (6) months. The training record shall be made available upon demand for inspection by any Police Officer, Police Community Support Officer, or authorised Local Authority Officer.

11. A Refusals Register 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 Register shall be inspected on a monthly basis by the DPS and noted in the register, and a record made in the register 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 (but not be limited to) the following:

·          The identity of the member of staff who refused the sale

·          The date and time of the refusal;

·          The alcohol requested and reason for refusal;

·          A description of the person refused alcohol.

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

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

·          ‘It’s A Crime’ intended to warn adults not to buy alcohol for those under 18 years-of-age.

13. The premises licence holder shall ensure compliance at all times with the Regulatory Reform (Fire Safety) Order 2005, and any other direction that may be made from time-to-time by an officer of the relevant Fire Authority.

14. Internal and external lighting shall be affixed in such a way so as not to cause nuisance to occupiers of neighbouring properties.

15. Noise reduction measures shall be implemented in accordance with independent advice from an acoustics engineer or other professional accredited advisor, to promote the Prevention of Public Nuisance licensing objective.

16. There shall be no deliveries of goods to the premises between 23:00 hours and 07:00 hours on each following day. 

17. The premises shall be clear of all patrons 30 minutes after licensable activities cease and no later than: Sunday – Thursday: 23:30; and Friday – Saturday: 00:30.

Basis of Decision:

 

The LSC took into consideration the submissions of the Applicant, Mr Ozsoykal, who attend with his solicitor.

 

The Applicant stated he is a local resident, owns the restaurant below – the Rox Bar – and is trying to expand the restaurant below to provide an additional 70 seating spaces.  The applicant also owns several other businesses including those supplying alcohol and has never had a problem. 

 

The LSC noted the number of other licensed premises in the locality and the majority of which close at or after midnight. The applicant submitted that substantial sums have been spent to bring the Rox Bar up to a good standard including windows being blocked up and completion of sound insulation works required for planning permission. The Applicant submitted that he was creating a fine place to dine in the area, which is for, inter alia, families, birthdays and others just attending for a meal.

 

The Applicant submitted that the Rox Bar is not a night club and is just an extension of the restaurant downstairs, food would be brought up from downstairs. The reference to “club” was a reference to a members’ club and VIP exclusive service at the restaurant, and not a night club as broadly understood.

 

The LSC received submissions from residents and two Councillors.

 

Mr Murray withdrew his objection after hearing from the Applicant.

 

Mr Mcguire stated he lived next door and did not need the noise and music until 2am in the morning, he did not want to be disturbed.

 

Mr and Mrs Morris then addressed the LSC, and highlighted the number of establishments already in the locality, the Rox Bar would be open until 2am every day and then 30 minutes drinking up time, disturbance from cars and very little parking available, the premises were portraying image as a nightclub, and has a different entrance for the Rox Bar to the Restaurant downstairs. Mrs Morris expressed she was glad the issue around whether the premises was a nightclub had been cleared up.

 

Councillor Bird submitted that there were 92 crimes recorded from the centre of Eltham High Street, there would be increased nuisance, side roads were being used as toilets, it would affect children, there are family homes nearby, exposure of children to foul and inappropriate language. Cllr Bird further submitted that there had been insufficient consultation, and the Council was reneging on its corporate commitment to Greenwich being a safe and heathier greener place to live. The LSC was invited to refuse the application.

 

Councillor Greenwell addressed the LSC on behalf of residents. She stated she was confused by the application and it was one bar too many, close to residents, consultation letters did not go to those in the area, there would be noise and disturbance from cars, and from the “behaviour” of patrons to residents.  

 

The LSC disregarded the representations in respect of there being too many licensed premises already in the vicinity, the premises were not within a Cumulative Impact Zone. The LSC was satisfied that the statutory requirements for consultation had been complied with.

 

The LSC noted the revised hour submitted by the applicant in response to the objections that had been received. There had been no objections to the live music that had been provided in the downstairs restaurant. The LSC gave due regard to the absence of any objections from Responsible Authorities including Environmental Health.

 

The LSC having heard from the Applicant were satisfied that the licensing objectives would be given effect. The conditions that would attach to the Premises Licence, including the provision of alcohol to be ancillary to persons being sold a substantial table meal will ensure the premises are operated as a restaurant.  

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court. 

 

Any appeal against this decision must be made within 21 days from the date of receipt of this written decision.

 

 

 

Minutes:

In attendance:

 

Applicant:                        Mr Tansu Ozsoycal

                                       Mr Elalp Semi – Legal Representative

 

Making representation:  Mr Simeon Murray

                                      Mr L McGuire and Mrs Pauline McGuire

                                      Mr Jonathan Morris and Mrs Diane Morris

 

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 Tansu Ozsoycal for the grant of a premises licence for Rox Bar, 190-194 Eltham High Street, SE9 1BJ.

 

The Licensing Officer gave an illustrated introduction to the report.

 

The applicant addressed the Sub-Committee.  He explained he had grown up in Eltham and been schooled in the area.  He wanted to expand the business [formerly known as Rixos] to incorporate an additional 70 covers upstairs.  He felt it was important for the longevity of his business to expand given that he was competing with other similar businesses in the same locale.  He confirmed he had had no licencing issues with any of his other premises and cited other businesses in the locale of Rox which stayed open until 1am.

 

The applicant submitted that he had spent a substantial sum to bring the Rox Bar up to a good standard including windows being blocked up and completion of sound insulation works required for planning permission. The Applicant submitted that he was creating a fine place to dine in the area for families, birthdays and others just attending for a meal.

 

In response to questions from the Panel, the applicant confirmed that:

 

·        Customers would be eating when alcohol was served with the exception of those who were waiting for a table. 

·        The alcohol service would be an add on to the food service.

·        The space upstairs was a continuation of the restaurant [formerly known as Rixos] downstairs.

·        The restaurant had been branded as a “club” with the intention of creating a members’ club offering a VIP service and was in no way indicative of a nightclub offering.  The applicant said he would be happy to remove “club” from the signage. 

·        Sound and noise tests had been passed, and noise insulation added. 

 

The Sub-Committee received submissions from residents and two Councillors.

 

Mr Murray withdrew his objection after hearing from the Applicant.

 

Mr McGuire stated he lived next door and did not need the noise and music until 2am in the morning, and did not wish to be disturbed. 

 

In response to a question from the Panel, the Applicant’s legal representative confirmed that a noise impact assessment had been conducted but that no sound tests had been carried out in Mr McGuire’s property.

 

Mr and Mrs Morris addressed the Sub-Committee and highlighted the number of establishments already in the locality.  They felt the Rox Bar would increase disturbance from cars because of the lack of available parking in the area.  The premises was portraying the image of a nightclub, and had a different entrance to the restaurant downstairs. Mrs Morris expressed she was glad the issue around whether the premises was a nightclub had been cleared up.

 

Councillor Bird submitted that there were 92 crimes recorded from the centre of Eltham High Street, there would be increased nuisance, side roads were being used as toilets, it would affect children, there were family homes nearby.  She felt the premises would increase exposure of children to foul and inappropriate language.  Cllr Bird further submitted that there had been insufficient consultation, and the Council was reneging on its corporate commitment to Greenwich being a safe and heathier, greener place to live.  She urged the Sub-Committee to refuse the application.

 

Councillor Greenwell addressed the Sub-Committee on behalf of Eltham South residents. She stated she was confused by the application and it was one bar too many, too close to residents.  She was concerned that consultation letters did not go to those in the area and about the potential increase in noise and disturbance from cars, and from the “behaviour” of patrons.  

 

All parties with the exception of the Legal Advisor and Corporate

Governance Officer, withdrew to allow the Sub-Committee to deliberate at 7.35pm. All parties returned at 7.52.

 

The Chair informed those present of the decision of the Sub-Committee, and advised that full details would be provided 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 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 of the written evidence and representations and submissions received during the hearing, the Licencing Sub-Committee resolved to grant a Premises Licence.

 

The hours for licensable activities shall be as follows:

 

The provision of recorded music and anything of a similar description to live music, and recorded music shall be  

 

Sunday to Thursday

10am to 11pm

Friday and Saturday

10am – Midnight

 

The provision of Late Night Refreshment shall be

 

Friday and Saturday only

11pm to Midnight

 

The supply of alcohol, for consumption on the premises only shall be

 

Sunday  to Thursday

10am to 11pm

 

Friday and Saturday

10am to Midnight

 

Non-standard timings for the licensable activities on Christmas Eve, New Year’s Eve, Boxing Day, St Valentine’s Day, and the Thursday preceding Good Friday shall be

 

 From 10am to 2am the next day

 

 

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.

 

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

 

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 who is conversant with the operation of the CCTV system shall be present on the premises at all times when the premises are open to the public. This staff member must be able to retrieve CCTV footage to show to a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer upon request.

3.    No alcohol shall be sold at any time when the CCTV system is inoperative.

4.    Alcohol shall only be sold to persons having a substantial table meal or those waiting to be seated immediately prior to having a table meal. There shall be no supply of alcohol for consumption off the premises.

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

6.    An Incident Book 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 Incident Book shall record (but not be limited to) the following:

·          All crimes reported to the premises;

·           Ejection of patrons from the premises;

·          Any complaints received in respect of the use of the premises when licensable activities are taking place;

·          Any incidents of disorder;

·          All seizures of drugs or weapons;

·          Any faults in the CCTV system or searching equipment or scanning equipment;

·          Any refusal of the sale of alcohol;

·          Any visit by an officer of a Responsible Authority or emergency service.

7.    The Incident Book shall be inspected on a monthly basis by the Designated Premises Supervisor and noted in the book, and a record made in the book of any actions that appear to be needed to uphold the licensing objectives.

8.    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.

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

10. All staff shall be trained in the law relating to 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 recorded and provided not less than every six (6) months. The training record shall be made available upon demand for inspection by any Police Officer, Police Community Support Officer, or authorised Local Authority Officer.

11. A Refusals Register 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 Register shall be inspected on a monthly basis by the DPS and noted in the register, and a record made in the register 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 (but not be limited to) the following:

·          The identity of the member of staff who refused the sale

·          The date and time of the refusal;

·          The alcohol requested and reason for refusal;

·          A description of the person refused alcohol.

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

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

·          ‘It’s A Crime’ intended to warn adults not to buy alcohol for those under 18 years-of-age.

13. The premises licence holder shall ensure compliance at all times with the Regulatory Reform (Fire Safety) Order 2005, and any other direction that may be made from time-to-time by an officer of the relevant Fire Authority.

14. Internal and external lighting shall be affixed in such a way so as not to cause nuisance to occupiers of neighbouring properties.

15. Noise reduction measures shall be implemented in accordance with independent advice from an acoustics engineer or other professional accredited advisor, to promote the Prevention of Public Nuisance licensing objective.

16. There shall be no deliveries of goods to the premises between 23:00 hours and 07:00 hours on each following day. 

17. The premises shall be clear of all patrons 30 minutes after licensable activities cease and no later than: Sunday – Thursday: 23:30; and Friday – Saturday: 00:30.

Basis of Decision:

 

The LSC took into consideration the submissions of the Applicant, Mr Ozsoykal, who attend with his solicitor.

 

The Applicant stated he is a local resident, owns the restaurant below – the Rox Bar – and is trying to expand the restaurant below to provide an additional 70 seating spaces.  The applicant also owns several other businesses including those supplying alcohol and has never had a problem. 

 

The LSC noted the number of other licensed premises in the locality and the majority of which close at or after midnight. The applicant submitted that substantial sums have been spent to bring the Rox Bar up to a good standard including windows being blocked up and completion of sound insulation works required for planning permission. The Applicant submitted that he was creating a fine place to dine in the area, which is for, inter alia, families, birthdays and others just attending for a meal.

 

The Applicant submitted that the Rox Bar is not a night club and is just an extension of the restaurant downstairs, food would be brought up from downstairs. The reference to “club” was a reference to a members’ club and VIP exclusive service at the restaurant, and not a night club as broadly understood.

 

The LSC received submissions from residents and two Councillors.

 

Mr Murray withdrew his objection after hearing from the Applicant.

 

Mr McGuire stated he lived next door and did not need the noise and music until 2am in the morning, he did not want to be disturbed.

 

Mr and Mrs Morris then addressed the LSC, and highlighted the number of establishments already in the locality, the Rox Bar would be open until 2am every day and then 30 minutes drinking up time, disturbance from cars and very little parking available, the premises were portraying image as a nightclub, and has a different entrance for the Rox Bar to the Restaurant downstairs. Mrs Morris expressed she was glad the issue around whether the premises was a nightclub had been cleared up.

 

Councillor Bird submitted that there were 92 crimes recorded from the centre of Eltham High Street, there would be increased nuisance, side roads were being used as toilets, it would affect children, there are family homes nearby, exposure of children to foul and inappropriate language. Cllr Bird further submitted that there had been insufficient consultation, and the Council was reneging on its corporate commitment to Greenwich being a safe and heathier greener place to live. The LSC was invited to refuse the application.

 

Councillor Greenwell addressed the LSC on behalf of residents. She stated she was confused by the application and it was one bar too many, close to residents, consultation letters did not go to those in the area, there would be noise and disturbance from cars, and from the “behaviour” of patrons to residents.  

 

The LSC disregarded the representations in respect of there being too many licensed premises already in the vicinity, the premises were not within a Cumulative Impact Zone. The LSC was satisfied that the statutory requirements for consultation had been complied with.

 

The LSC noted the revised hour submitted by the applicant in response to the objections that had been received. There had been no objections to the live music that had been provided in the downstairs restaurant. The LSC gave due regard to the absence of any objections from Responsible Authorities including Environmental Health.

 

The LSC having heard from the Applicant were satisfied that the licensing objectives would be given effect. The conditions that would attach to the Premises Licence, including the provision of alcohol to be ancillary to persons being sold a substantial table meal will ensure the premises are operated as a restaurant.  

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court. 

 

Any appeal against this decision must be made within 21 days from the date of receipt of this written decision.

Supporting documents: