Licensing Sub-Committee - Tuesday 8 October 2024 7.00 pm

October 8, 2024 View on council website
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Summary

The Licensing Sub-Committee will be considering whether to review the licence of a premises based on representations from the Metropolitan Police and Lambeth Licensing. The meeting will also include some routine business. It is not certain whether all of the topics in the report pack will be discussed, or whether any decisions will be made.

The Swan, 215 Clapham Road London SW9 9BE

The Metropolitan Police have applied for a review of the premises licence of The Swan public house1.

Public houses, sometimes known as pubs, are an important part of British culture. They are businesses that are licensed to sell alcoholic drinks for consumption on the premises. In the UK they are subject to strict regulations that are enforced by local councils.

The application was made following a number of alleged incidents including one on 30 March 2024 in which an “unknown male” is alleged to have been “dragged from the vehicle to the floor and whilst on the floor a number of punches are thrown in the direction of the UM.” by members of The Swan’s security staff. The application includes concerns about The Swan’s response to the incident, which the Metropolitan Police allege “leads the MPS to believe that the premises were attempting to cover up the incident.”

The application cites “a pattern of regular crime and disorder being recorded at the premises.”, and in particular that there has been “a pattern of regular crime and disorder being recorded at the premises. In November 2023, a meeting with the DPS and PLH was held to discuss the number of thefts that were being recorded at the premises, they were advised that the number of thefts being recorded at the premises was significantly higher than other premises.”

The application also suggests that the Licensing Act 20032 objective of preventing crime and disorder is being undermined by the premises’ current licensing hours, stating that “It is of note to the MPS that the vast majority of crime recorded at the premises occurs in the early hours of the morning and predominantly between the hours of 0100 – 0500. The MPS is aware that the premises has a licence to operate until 0600 hours in the morning and believes that this is a contributing factor to crime and disorder.”

The Licensing Act 2003 is a law that regulates the sale and consumption of alcohol in England and Wales. It also governs other licensable activities such as providing late night refreshment and putting on regulated entertainment.

This view is shared by Lambeth Licensing, who have made a representation in support of the review application, stating that “It is to, the opinion of the Licensing Authority that having a licence which permits licensable activities until 06:00hrs, is a contributing factor of crime and disorder.”

A number of representations from members of the public were also received in support of The Swan, arguing that there are no problems with the venue, or that it is an important part of the local community.

The report pack suggests that the committee will have to choose from the following courses of action:

1) To take no action. 2) To modify the conditions of the licence (and for this purpose the conditions of the licence are modified if any of them is altered or omitted, or any new conditions is added. This may include alteration to the permitted hours). 3) To exclude a licensable activity from the scope of the premises licence. 4) To remove the designated premises supervisor from the licence. 5) To suspend the premises licence for a period not exceeding 3 months. 6) To revoke the premises licence.

The report pack indicates that Lambeth Licensing have recommended a number of specific actions:

a) A change of Management, who can demonstrate that they can operate a premises of this nature in a safe manner and has a track record of operating a venue of this type and capacity, while promoting the four (4) licensing objectives, b) A reduction in time of the licensable activities, to fall in line with the Lambeth Council Licensing Policy 2024 – 2029, c) A change of the Security company currently used to staff the premises.