The Licensing Sub-Committee met to consider a new premises licence application for Crispies, a restaurant on Walworth Road. The application requested permission to provide late night refreshment until 4am, seven days a week. This was met with objections from the Metropolitan Police, the council's licensing team, and local residents.

Crispies, 343-345 Walworth Road

Crispies Enterprises Ltd applied for a new premises licence for Crispies, 343-345 Walworth Road, London SE17 2AL, a restaurant on a high street.

The applicant requested the following licensing permissions:

• Late night refreshment (indoors and outdoors)
  • Monday to Sunday from 23:00 to 04:00
• Opening hours:
  • Monday to Sunday from 11:00 to 04:00

In their application, which is included as appendix A to the report pack, the applicant described the premises as a 'Restaurant on a high street'.

Objections

The application received several objections. Representations were submitted by the Metropolitan Police and the council's licensing team, as well as three representations from other persons.

Metropolitan Police

The Metropolitan Police initially objected to the granting of the licence, stating that the hours requested exceeded those suggested by the Southwark Council Licensing policy. They also raised concerns that the control measures offered were minimal and did not adequately address the licensing objectives, particularly the prevention of crime and disorder.

PC Sadie Dunne, Licensing Officer for the Metropolitan Police, suggested a number of conditions to assist progressing the application, including:

• Using only experienced and reputable delivery companies.
• Signage instructing staff and delivery drivers to respect local residents and keep noise levels down.
• Staff monitoring of the delivery driver waiting area to prevent nuisance.
• Installation of a digital CCTV system.
• Keeping an incident log to record details of any anti-social behaviour, calls to emergency services, complaints, ejections, visits from authorities, CCTV malfunctions, or crimes reported.

Following discussions between the police and the applicant, the police withdrew their representation, as detailed in appendix B1. The applicant agreed to amend their operating schedule to the following hours:

• Late night refreshment (indoors and outdoors)
  • Sunday to Thursday: 23:00 to 00:00
  • Friday and Saturday: 23:00 to 01:00
• Opening hours:
  • Sunday to Thursday: 11:00 to 00:00
  • Friday and Saturday: 11:00 to 01:00

The applicant also agreed to the conditions suggested by the police, with an amendment to condition 9, which originally stated that all packaging of food would be biodegradable. The amended condition stated:

All food for takeaway purposes shall be closed/wrapped up. All packaging of food will be clearly marked with the business name.

Licensing as a Responsible Authority

The council's licensing team also submitted a representation, objecting to the application and recommending that the operating hours be brought back in line with the Southwark statement of licensing policy. Wesley McArthur, Principal Enforcement Officer, stated that the late night provision of refreshment was likely to have a negative effect on the promotion of crime and disorder and the prevention of public nuisance.

McArthur noted that while the premises are located in the Elephant and Castle Major Town Centre area, they are adjacent to Liverpool Grove, which has a high density of residential dwellings and is a quiet road. McArthur did not think it was appropriate to allow premises to provide late-night refreshment later than the closing times suggested in the Southwark statement of licensing policy in an area with so many residential properties in close proximity.

The licensing team recommended the following operating hours:

• Late night refreshment (indoors and outdoors)
  • Sunday to Thursday: 23:00 - 00:00
  • Friday and Saturday: 23:00 - 01:00
• Opening hours:
  • Sunday – Thursday: 11:00 – 00:00
  • Friday & Saturday: 11:00 – 01:00

The licensing team also recommended a number of conditions to be included in any premises licence issued, replacing the measures proposed in part 'M' of the application. These included:

• Training for all relevant staff in their responsibilities under the Licensing Act 2003¹, the promotion of the licensing objectives and the terms and conditions of the licence.
• Installation of a digital CCTV system.
• Keeping an incident log to record details of any anti-social behaviour, calls to emergency services, complaints, ejections, visits from authorities, CCTV malfunctions, or crimes reported.
• Clearly legible signage identifying all emergency escape routes and emergency exits.
• Instructions for delivery drivers to turn off their engines when collecting orders.
• Signage displaying a dedicated contact telephone number for the premises for complaints.
• A child protection policy.

Representations from other persons

Three representations were received from other persons, raising concerns about the prevention of crime and disorder, the prevention of public nuisance and public safety. These representations are included as appendix C.

One local resident objected to the application, stating that allowing a takeaway to operate until 4:00 a.m. in this mixed residential area would inevitably create noise and disturbance during the quietest part of the night. They also raised concerns about anti-social behaviour, littering, vandalism, and public urination.

Another resident stated that the area has become infested with fast food stores, and that the council gives out late night trading licences without any consideration for the local residents and neighbourhood. They also raised concerns about the increase in violence and anti-social behaviour in the area, and the nuisance caused by delivery drivers.

A third representation stated that the proposed late opening would bring more traffic into the residential area at anti-social hours, causing noise and nuisance. They also raised concerns about the potential increase in crime, litter, and the use by delivery drivers of areas around Sutherland Square for their toilet needs.

Southwark Council statement of licensing policy

The report pack included details of the Southwark Council statement of licensing policy 2021-2026, which was approved by the council assembly on 25 November 2020 and came into effect on 1 January 2021. The statement of licensing policy provides a guide to the hours of licensed operation that the council might consider appropriate by type of premises and planning area classification.

The premises are situated in the Elephant and Castle major town centre. Under the Southwark's statement of licensing policy, the following closing times are recommended as appropriate within the Elephant and Castle major town centre:

• Restaurants and cafes:
  • Sunday to Thursday: 00:00
  • Friday and Saturday: 01:00
• Take-away establishments:
  • Sunday to Thursday: 00:00
  • Friday and Saturday: 01:00

Other Considerations

The report pack also noted that the council is committed to considering the climate change implications of any decisions, following a council assembly on 14 July 2021. While climate change is not a legal factor in the consideration of a grant of a premises license under the current licensing objectives, members can make enquiries and request an agreement from applicants to promote the reduction of the impact of climate change that may be caused by the operation of the premises. Examples of such an agreement may be:

• Not to use single use plastics, such as disposable plastic glasses, when selling alcohol at the premises.
• Encourage patrons not to drive to venues by providing details of public transport on their webpages/tickets.

Recommendation

The recommendation to the licensing sub-committee was to consider the application made by Crispies Enterprises Ltd for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Crispies.