The Licensing Committee of Lewisham Council scheduled a meeting to discuss a protocol for remote meetings and consider the minutes of previous meetings. The committee was also scheduled to discuss licensing applications for the Tea House Chinese Restaurant and the Jamaican Independence Day event.

Protocol for Remote Meetings

The committee was scheduled to discuss and agree on a protocol for holding remote Licensing Committee hearings. According to the report, remote hearings have been conducted in Lewisham since 2020. The legality of this practice was challenged in the case of Walk Safe Security Services Ltd v London Borough of Lewisham [2024] EWHC 1787 (Admin), but the High Court ruled that remote licensing hearings are permitted under the Licensing Act 2003¹ and the Licensing Act (Hearings) Regulations 2005².

The proposed protocol outlines:

• The criteria for holding in-person, hybrid, or fully remote hearings. A hybrid meeting is when some participants are in the same room, but at least one party participates remotely.
• What constitutes valid attendance for committee members, parties involved in the hearing, officers, and the public.
• How to ensure public access to the hearing.
• Additional measures to prevent unfairness to any party during a remote hearing.

The report states that the Chair of the committee has the discretion to amend the protocol in specific cases where they deem it appropriate. The report also notes the need to consider the Public Sector Equality Duty³ as defined in the Equality Act 2010⁴ when deciding on the format of a hearing.

Licensing Applications

The committee was scheduled to consider two licensing applications:

Tea House Chinese Restaurant, 13A Deptford High Street, SE8 4AD

Sam Ho Sin Ltd applied for a full variation of their license for the Tea House Chinese Restaurant. The application was submitted on 9 January 2025, and the consultation period was extended to ensure compliance with regulations. Seven objections were received from the public, but the licensing authority withdrew its objection after the applicant agreed to certain conditions.

James T, representing the applicant, told the committee that the application was made because of reduced trading since COVID, and patrons wanting to eat at a time to suit them.

Councillor Billy Harding raised concerns about noise from the kitchen, particularly during early morning hours. James T responded that noise-reducing equipment had been installed, including silencers on the extractor fan. He also suggested deliveries be restricted to the front of the shop to mitigate noise.

One objector stated that there were no other takeaway establishments open until 4am on the high street, and that Deptford High Street had the highest concentration of residents living above shops in a high street in London and deliveries at 4am would adversely affect these residents.

Another objector said that the issue with the fan had not improved especially when running at high volume during warmer weather, and suggested that an acoustic shrouding could be put around the fan.

Jamaican Independence Day, Market Square Douglas Way SE8 4BX

Mr Baker applied for a Temporary Events Notice (TEN) for an event at Deptford Market Square to promote community spirit and celebrate Jamaican Independence. An objection was received from the Metropolitan Police.

Mr Baker told the committee that he had managed similar events before and took necessary precautions, including arranging security and crowd dispersal. He stated that he was shocked by the police objection, as he had no recollection of a robbery that the police claimed had occurred at the previous year's event.

Councillor Billy Harding asked about security arrangements, and Mr Baker responded that he intended to increase the level of professional SIA security⁵ this year, supplemented by community volunteers and stewards.

Mr Henry, representing the Metropolitan Police, stated that the event did not go ahead in 2023 because it was opposed by police and the application was withdrawn. He said that in 2024 the event took place following assurances from the applicant that SIA security personnel would be hired, but the applicant reneged on these assurances because they were too expensive. He also stated that members of the public were robbed at the event, and one person was stabbed in the back.

Mr Henry also stated that the applicant approached local businesses during the last event, demanding money from them because they were benefitting from the sale of alcohol at the event that he was hosting.

Mr Baker responded that the police had not submitted any evidence to prove that a member of the public was stabbed at the event, and that no one in Deptford who attended the event had any recollection of this assault having taken place.

Declarations of Interest

The committee was also scheduled to allow members to declare any personal interests related to items on the agenda, as required by the Council’s Member Code of Conduct. The code identifies three types of personal interest: disclosable pecuniary interests, other registerable interests, and non-registerable interests.