The Licensing Sub-Committee of Southwark Council met on Friday 30 November 2012 to consider a review of the premises licence for The Rose Public House. The sub-committee decided to modify the conditions of the licence rather than revoke it, following concerns raised by the environmental protection team and the Metropolitan Police.

Review of The Rose Public House Licence

The Licensing Sub-Committee decided to modify the conditions of the licence for The Rose Public House, located at 108 Forest Hill Road, London SE22 0RS, in response to an application for review by the environmental protection team. The sub-committee determined that these modifications were necessary to promote the licensing objectives.

The decision means that the premises' licensable activities will now have revised operating hours. From Sunday to Thursday, all licensable activities must conclude by 00:00, with the premises to be closed by 00:30. On Fridays and Saturdays, activities can continue until 01:30, with closure by 02:00.

Several new conditions have been imposed. Drinks will not be permitted to be taken outside the front of the premises after 20:00. When the terminal hour is later than 00:30, at least two SIA registered supervisors must be on duty after 21:30, equipped with a metal detection unit and a mechanical counting device to monitor admissions and departures. On Fridays and Saturdays, no new admissions or re-admissions will be allowed after 01:00, except for up to five individuals leaving for a cigarette. Consumption of beverages in any outside area is prohibited after 23:00, and the rear door to the garden area must be alarmed after 23:00. The premises must also have an installed and functional noise limiter linked to any doors to the exterior that do not have noise lobbies. Additionally, forced ventilation must be installed to maintain a comfortable internal atmosphere during licensed entertainment.

Two existing conditions have been amended. Condition 336 has been removed and replaced with a requirement that all staff involved in the sale or supply of alcohol receive suitable training, regular updates every six months, and that records of this training are kept and made available to the police and authorised officers. Condition 350 has been amended to state that, with the exception of wine glasses, only bottles and glasses made from toughened glass shall be used for any drinks, with wine glasses to be made from semi-toughened glass.

The reasons for this decision stem from evidence presented by the Southwark Council environmental protection team, who reported 12 complaints of noise nuisance between March and September 2012. A Section 80 Environmental Protection Act 1990 notice¹ had previously been served on the former licensee, though the sub-committee was not satisfied that the current management was aware of this. The licensing team also presented evidence of breaches observed during a visit on 8 September 2012, following a warning letter issued on 5 September 2012. The Metropolitan Police noted several incidents relating to crime and disorder, though only two of the five instances cited could be directly attributed to The Rose Public House.

Despite these concerns, the sub-committee noted that no complaints had been received since the review application was made on 9 October 2012. Representatives from The Rose Public House provided considerable evidence in response to the complaints. The sub-committee also acknowledged written representations from other individuals opposing the review, although none attended to give oral evidence.

The sub-committee stressed that while they viewed the incidents and complaints as serious, they had opted not to revoke the licence on this occasion. However, they warned that a different approach might be taken on any future review if such practices continue. The decision is open to appeal by the applicant for the review, the premises licence holder, or any other person who made relevant representations.