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Licensing Sub-Committee - Thursday, 6 December 2012 - 7.30 p.m.
December 6, 2012 Licensing Sub-Committee View on council websiteSummary
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The Licensing Sub-Committee of Wandsworth Council was scheduled to consider applications for new premises licences for two establishments: Kublai Riverside Restaurant and Grill, and Jacksons on St. John's. Both applications involved proposals for the sale of alcohol, regulated entertainment, and late-night refreshment, with discussions expected to focus on the potential impact on licensing objectives such as the prevention of crime and disorder, public safety, and the prevention of public nuisance.
Kublai Riverside Restaurant and Grill
The Sub-Committee was scheduled to consider a new premises licence application for Kublai Riverside Restaurant and Grill, located at Unit 2 Dolphin House, Smugglers Way, SW18. The applicant, Kublai Khan Restaurant Limited, proposed licensable activities including the sale of alcohol for consumption on the premises, provision of regulated entertainment (films, live and recorded music, performance of dance, and similar entertainment), and late-night refreshment.
The initial application proposed operating hours from 11:00 to 23:00 Sunday to Thursday, and 11:00 to 00:30 on Friday and Saturday mornings, with extensions to 00:30 on New Year's Eve and the Sunday preceding a Bank Holiday Monday. Following discussions with the Riverside West Residents Association, the applicant amended these hours. The revised proposal included alcohol sales from 11:00 to 23:00 Sunday to Thursday, and 11:00 to 00:00 on Friday and Saturday. Regulated entertainment was proposed from 11:00 to 23:00 Sunday to Saturday, and late-night refreshment from 23:00 to 00:00 on Friday and Saturday. The extended hours for New Year's Eve and Bank Holiday Sundays remained at 00:30.
Representations were received from the Metropolitan Police, who suggested additional conditions related to CCTV systems to uphold the licensing objective of preventing crime and disorder. These included requirements for the CCTV system to be agreed with the police, maintained in working order, and for a trained member of staff to be on duty at all times.
Numerous representations were also received from local residents, primarily concerning public nuisance and the prevention of crime and disorder. Concerns included noise from inebriated patrons leaving the premises, noise from patrons waiting for taxis, noise from entertainment, increased rubbish, and patrons urinating or vomiting in communal areas. Issues related to crime and disorder included potential increases in anti-social behaviour, fighting, and damage to properties.
The report pack outlined the licensing objectives as defined by the Licensing Act 20031: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. It also referenced the Council's Statement of Licensing Policy and relevant Government Statutory Guidance. The Sub-Committee was to consider whether to grant the application as requested, modify the conditions, or reject the application, based on what was appropriate to promote the licensing objectives.
Conditions arising from the applicant's operating schedule included restrictions on alcohol supply to table meal customers, a prohibition on taking drinks off the premises in open containers, and the availability of non-alcoholic beverages. Proposed conditions also covered CCTV maintenance, a refusals book for alcohol sales, a limit on the number of persons accommodated (300), limitations on live music to one performer in a designated area, and requirements for notices requesting patrons to leave quietly. Deliveries and refuse collection were to be restricted to before 18:00. Conditions for the protection of children included requiring persons under 16 to be accompanied by a responsible adult and requesting proof of age for those appearing under 25 attempting to buy alcohol.
Suggested conditions arising from representations included enhanced CCTV requirements, with camera numbers and positions to be agreed with the Metropolitan Police, and recordings to be kept for 31 days.
Jacksons on St. John's
The Sub-Committee was also scheduled to consider a new premises licence application for Jacksons on St. John's, located at 126 St. John's Hill, SW11. The applicant, Carson London Limited, sought a licence for the sale of alcohol for consumption on and off the premises, provision of regulated entertainment (live and recorded music), and late-night refreshment.
The proposed hours for alcohol sales were from 12:00 to 00:00 on Sundays, 10:00 to 00:00 Monday to Thursday, and 10:00 to 02:00 on Friday and Saturday mornings. Regulated entertainment (live music) was proposed from 12:00 to 23:00 on Sundays, 10:00 to 23:00 Monday to Thursday, and 10:00 to 23:59 on Friday and Saturday. Recorded music hours were proposed to extend to 02:00 on Friday and Saturday mornings. Late-night refreshment was proposed until 00:30 on Thursday nights and 02:30 on Friday and Saturday mornings. Extended hours were also requested for New Year's Eve.
The Metropolitan Police initially raised concerns about increased crime and disorder due to the extended hours, but these concerns were reportedly addressed by amendments to the applicant's operating schedule. The Environmental Services Officer (Noise) raised concerns about noise disturbance from entertainment and the potential for smokers to create nuisance if permitted to drink outside.
Thirty letters of representation were received from other persons. One letter supported the application, while the remainder opposed it on grounds of public nuisance and crime and disorder. Concerns included noise from late-night entertainment, patrons causing disturbance, increased litter, patrons using doorways as public conveniences, and noise from taxis. Crime and disorder concerns included potential increases in petty crime, vandalism, and anti-social behaviour.
The report outlined the same licensing objectives and policy considerations as for the Kublai Riverside Restaurant application. The Sub-Committee was to consider the same steps: grant, modify conditions, or reject the application, based on the promotion of licensing objectives.
Conditions arising from the applicant's operating schedule included requirements for a CCTV system, with numbers and positions agreed with the Metropolitan Police, and recordings to be available on request. A minimum of two Security Industry Authority (SIA) registered door supervisors were to be employed from 21:00 on nights extending beyond midnight. Proof of age was to be requested from anyone appearing under 25 attempting to buy alcohol. Conditions to prevent public nuisance included maintaining an arrangement with a minicab company to encourage customers to use their service.
Suggested conditions arising from representations included a prohibition on taking drinks in open containers outside the premises after certain hours, and keeping doors and windows facing St John's Hill Grove closed. A condition was also proposed to ensure that patrons in external areas behaved in an orderly and neighbourly fashion. A significant condition related to noise control involved the licensee providing a system or device to control the maximum audible levels of music, subject to approval and ongoing monitoring by Environmental Services officers.
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The Licensing Act 2003 is the primary legislation governing the sale of alcohol and the provision of regulated entertainment in England and Wales. It aims to promote four key licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. ↩
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