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Licensing Sub-Committee - Tuesday 28 January 2025 2.00 pm

January 28, 2025 View on council website Watch video of meeting
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Summary

The Licensing Sub-Committee met to consider three applications: a variation application by Marks & Spencer, a new application by Hybrid Bar and Restaurant, and a new application by Commune Studios. Marks & Spencer's application to extend their alcohol sales hours was granted, Hybrid Bar and Restaurant's application was granted with an additional condition about noise, and Commune Studios' application was granted with amendments to their Sunday hours and additional conditions around contact details, litter, and safe spaces.

Marks & Spencer

Marks & Spencer 1 applied for a variation to their existing premises licence at 446-450 Brixton Road to allow them to sell alcohol from 7am, Monday to Saturday.

The Licensing Authority objected to the application, citing their Licensing Policy which recommends 11am as the earliest start time for off-licences located in a Major Town Centre. 2 However, the Licensing Authority withdrew their objection after Marks & Spencer offered a number of additional conditions, including those relating to CCTV, Challenge 25 3, training and incident logs.

The applicant's solicitor, Mr Jon Walgrove, argued that several other convenience stores in the immediate vicinity of the store already traded from 7am, and that there was no evidence that these hours were having an adverse impact on the community in terms of the licensing objectives. 4 He also noted that the store had been operating under Temporary Event Notices (TENs) 5 for 20 days in December, enabling them to sell alcohol from 7am without incident.

Hybrid Bar and Restaurant

Mr Carlos Harris sought a new premises licence for Hybrid Bar and Restaurant, 22 Streatham High Road, to allow the sale of alcohol, live music, recorded music and entertainment similar to music or dance until midnight during the week and 12:30am on Fridays and Saturdays.

The Licensing Authority received 22 objections to the application. 21 from local residents and one from the Council's Public Protection team, with residents raising concerns about potential noise nuisance, crime and disorder, public safety and protection of children from harm. Objections focused on the hours sought and the operation of the premises before a previous licence had lapsed, which residents alleged had created an environment that fostered crime and disorder.

Mr Harris explained that he had installed a noise limiter and changed the speaker system and argued that these measures were effective, noting that he had not received any noise complaints from the licensing team since January 2024. In response to questions from the committee, he confirmed that no TENs had been submitted in January 2025.

The Sub-Committee agreed to grant the application, but imposed a condition that the licence did not come into effect until the Public Protection team had confirmed that they were satisfied with the level at which the noise limiter had been set.

Commune Studios

Commune Studios Ltd applied for a new licence for Arch 657 Portslade Road to allow the sale of alcohol until 11pm on Thursdays and Sundays, 3am on Fridays and Saturdays, and to allow recorded music until 3am on Fridays and Saturdays.

The Licensing Authority received nine representations, including four in support, four in objection and one from the Licensing Authority itself. Representations in support of the application highlighted positive experiences at the venue and commended the team's commitment to safety and inclusivity. Objections focused on concerns that the location of the premises - at the end of a gated service road off Wandsworth Road - was inappropriate for a late-night venue, citing potential noise nuisance and public safety concerns.

Mr Jonathan Smith, legal representative for the applicant, argued that the location of the premises was not within a local shopping centre, as the Licensing Authority's representation had claimed, and highlighted the extensive steps that the applicant had taken to address noise concerns, including the installation of soundproofing, and a commitment to noise monitoring.

Mr Smith also sought to assure the Sub-Committee that the venue was well managed, drawing attention to the venue's comprehensive dispersal policy and security arrangements, as well as the fact that the venue had successfully operated under 38 TENs since October 2024 without any complaints to the police or Environmental Health.

The Sub-Committee granted the application with conditions. It added conditions requiring the premises to provide a direct phone number for the manager to residents and businesses and to undertake routine litter picks in the vicinity. The Sub-Committee also varied the Sunday hours so that the sale of alcohol is permitted from 10am to 11pm. It also added a condition requiring the premises to provide a designated safe space within the venue.


  1. A chain of upmarket food, clothing and homeware stores. 

  2. A Major Town Centre is an area designated in the Council's Licensing Policy as having a large number of licensed premises, usually in a town or city centre. It typically experiences high footfall late into the night and has a concentration of premises which are open beyond 1am. 

  3. Challenge 25 is a scheme that encourages anyone who is over 18 but looks under 25 to carry acceptable ID when they want to buy alcohol. 

  4. The Licensing Objectives are: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm. 

  5. A Temporary Events Notice (TEN) allows premises to conduct licensable activities for up to 168 hours per year.