Content

In reaching its decision, the
Licensing Sub-Committee (“LSC”) considered the
Council’s Statement of Licensing Policy, the Licensing Act
2003, the Regulations made thereunder, and the Guidance issued by
the Secretary of State under S.182 of that Act. In discharging its
functions, the LSC did so with a view to promoting the licensing
objectives of the prevention of crime and disorder, public safety,
the prevention of public nuisance and the protection of children
from harm. 
 
Having considered all written
representations, evidence, and oral submissions, the LSC resolved
to grant a variation of the premises licence for off sales of
alcohol for consumption in the front forecourt only.  
 
 
The
Premises Licence shall be subject to the following additional
conditions:
 
 

1.   
The external forecourt area shall be cleared of all
patrons by 7pm daily.
 

2.   
There shall be no more than 30 patrons in the
external forecourt area at any one time.
 

3.   
An acoustic lobby shall be installed and located
immediately inside the main entrance to the premises. The
installation of the lobby shall be in consultation with
Environmental Health to ensure effective prevention of the escape
of noise from inside the premises. The lobby doors shall be kept
closed at all times except for ingress and egress.
 

4.   
The external front forecourt area shall be monitored
for noise levels and numbers in attendance whenever it is in use
and licensable activities are carried on from the
premises.
 

5.   
The placing of refuse and recycling into receptacles
outside the premises shall only take place between 8am and 11pm on
any day.
 

6.   
There shall be no deliveries to the premises before
7am or after 11pm on any day.
 

7.   
There shall be no music speakers or similar
equipment located in any external areas of the premises at any
time.
 

8.   
The premises shall implement a Noise Management Plan
the Royal Borough of Greenwich Community Protection
Team.

9.   
Only polycarbonate glassware shall be permitted in
the front courtyard area, up to the boundary of the
premises.
 

10. Off-sales of alcohol shall be
restricted to the front forecourt at all times. No alcohol shall be
permitted to be taken for consumption away from the premises and
the forecourt.   
 

11.All
external areas of the premises shall be covered by CCTV.
 

12.The
licence holder, DPS, or a person authorised by them shall monitor
the external area every half hour whenever regulated entertainment
is performed inside the premises and record the findings. The
licence holder or DPS shall adjust the volume of music inside the
premises if the noise levels are likely to cause nuisance to
neighbouring residential properties. These records shall be made
available to officers from responsible authorities upon
request.
 

13.The
existing condition 9 within Annex 2 of the premises licence shall
be removed.
 

14.The
premises shall have in place a Dispersal Policy. 
 
 
Basis
of Decision
 
The LSC heard submissions for
the applicant in line with the written submissions to vary the
licence and the supplementary bundle. It was highlighted to the LSC
that the outside of the premises had been used for the supply of
alcohol for at least 4 years under the covid legislation and there
has been very few complaints of noise and ASB within that period.
The escape of noise from inside of the premises would be addressed
by the installation of an acoustic lobby.
 
In addition the application was
amended during the hearing to limit the number of patrons
in
the front forecourt to 30
persons at any time. The LSC noted the current use of the
front
forecourt for consumption of
meals by patrons.
 
The LSC noted the conditions
agreed with the police to limit off sales, and consumption of
alcohol, to the front forecourt of the premises.
 
The LSC gave due regard and
weight to the representations from Environmental Health, whose
submissions were maintained regarding noise and public nuisance
from the use of the external area of the premises.
 
In reaching it decision the LSC
gave due weight to the written representations of residents
relating to loud music, ASB and public nuisance.
 
The LSC noted that those who
supported the variation application did not reside in the immediate
vicinity of the premises and gave the representations appropriate
weight.
 
In reaching its decision the
LSC gave full regard to the premises being within an Cumulative
Impact Zone and the burden of proof on the applicant to demonstrate
that the variation will not adversely impact upon the licensing
objectives.
 
The LSC were satisfied that the
additional conditions subject to which the variation is granted
will promote the licensing objectives.
  
Any party aggrieved by the
decision of the Licensing Sub-Committee may appeal to the
magistrates’ court within 21 days.