The Licensing Committee of Lewisham Council met on Tuesday 26 November 2024 to consider a premises licence application for China Ark Market. The committee decided to grant the licence with additional conditions.

China Ark Market, Unit K Gothenburg Court, Bailey Street, SE8 5EY

The committee granted a premises licence to Asian Food CW Ltd for China Ark Market, located at Unit K, Gothenburg Court, Bailey Street, SE8 5EY, allowing the sale of alcohol for consumption off the premises between 10:00 and 22:00 daily. This decision was made after considering representations from local residents and the applicant's agent.

During the meeting, the agent for the applicant, Mr Daly, highlighted that the application met the council's licensing policy and that extensive, robust conditions had been agreed with the Police. He argued that the requested hours for alcohol sales were moderate and that the premises was already operating, with the addition of alcohol sales not expected to significantly alter its operation. He also noted the absence of objections from other responsible authorities.

However, one objector raised concerns about the potential for increased public nuisance, public safety issues, and the protection of children from harm. The objector stated that the premises had already been a source of disturbance due to noise from delivery vehicles and loitering customers, and that the sale of alcohol would exacerbate these problems. They also expressed concern that the shared entrance with residential flats would create an intimidating environment for residents, particularly when navigating around intoxicated patrons. The objector also referenced an ongoing case with the council (Acolaid Case ENF/24/00067) as evidence of the applicant's lack of regard for community concerns.

Councillor Billy Harding, Vice Chair of the Audit and Risk Committee, questioned the steps the applicant would take to minimise disturbance to nearby residents, referencing the licensing objective of preventing public disorder. Councillor Mark Jackson inquired about concerns regarding patrons buying alcohol and loitering in the area, particularly near a children's park. Councillor Bill Brown sought clarification on the nature of the complaints made by the objector, and Councillor Dawn Atkinson asked if other establishments in the area already sold alcohol and if people congregated to drink. Councillor Eva Kestner enquired about the objector's concerns regarding the location of the premises versus the conduct of the applicant.

In conclusion, Mr Daly reiterated that the application was for an oriental food market, not a traditional off-licence, and that the alcohol sales were a business decision with restrictions on alcohol by volume (ABV). The objector maintained that granting the application would undermine licensing objectives, leading to greater public nuisance and compromised public safety, particularly for families and vulnerable individuals.

The committee resolved to grant the application with a set of additional conditions agreed with the Police. These conditions include:

• All alcohol sales must be in sealed containers and not consumed on the premises.
• A personal licence holder must be on duty at all times when alcohol is sold.
• An incident log must be maintained, recording crimes, ejections, complaints, disorder, seizures of drugs or weapons, CCTV faults, refused sales, and visits by authorities.
• Signage must be displayed at all entrances informing customers that CCTV is in operation and available to the police.
• No noise or vibration causing a nuisance shall emanate from the premises.
• Notices must be displayed at all exits requesting patrons to respect local residents and businesses and leave quietly.
• A comprehensive CCTV system must be installed and maintained, covering all entry and exit points, recording continuously, and storing footage for at least 31 days. Recordings must be made available immediately to the police or authorised officers.
• A staff member conversant with the CCTV system must be on the premises at all times when open to the public, able to provide footage to officers with minimal delay.
• A proof of age scheme, such as Challenge 25, must be operated, with acceptable forms of identification specified.
• Staff must receive regular training on preventing underage sales and the Challenge 25 scheme, and this must also be extended to delivery agents.
• A record of all refused alcohol sales must be kept, including date, time, customer description, and the staff member's name, and be available for inspection.
• No super-strength beer, lagers, ciders, or spirit mixtures of 6.5% ABV or above shall be sold.
• No more than 15% of the sales area can be used for the sale, exposure for sale, or display of alcohol.
• Premises Licence Holder and/or Designated Premises Supervisor must maintain up-to-date policies and staff training records on various issues, including Challenge 25, drugs, recognition of drunks, and dealing with vulnerable persons, with training provided at least every six months.

The committee also resolved to exclude the press and public from a portion of the meeting to consider exempt information related to the China Ark Market application.

The minutes of the previous Licensing Committee meetings held on 26 March and 19 September 2024 were confirmed and signed. No declarations of interest were made by the councillors present.