Agenda item
Application to Review the Premises Licence for Gramaphone, 60-62 Commercial Street, London E1 6LT (LSC 60/011)
Minutes:
At the request of the Chair, Mr Mohshin Ali, Acting Senior Licensing Officer, introduced the report which detailed the application for a review of the premises license forGramaphone, 60-62 Commercial Street London E1 6LT. It was noted that the review had been triggered by Planning Enforcement and supported by the Metropolitan Police.
At the request of the Chair, Mr Cain Duncan, Planning Enforcement Officer read through his statement on page 267 of the agenda, explaining that the Planning Department was concerned with the continued failure of the Premise License Holder/Designated Premises Supervisor to comply with the opening hours specified in the Local Planning Authorities Breach of Condition Notice. Mr Duncan explained that this was being aided by the longer hours stipulated in the current premises license and this was providing a mechanism for the DPS to continue to facilitate the breach of the Local Planning Authorities Notice, which was a criminal offence. It was further noted that there had been recent verified statutory noise nuisances witnessed at neighbouring residential properties as a result of music breakout from the premises, which was believed to have been caused by the installation of a new satellite sound system on the ground floor. Mr Duncan requested Members to suspend the provision for regulated entertainment until such time as the noise breakout issues had been rectified to the satisfaction of Environmental Health Services and the hours for regulated entertainment, late night refreshments and sale of alcohol be permanently reduced to hours detailed in the statement.
PC Alan Cruickshank, Metropolitan Police, referred to his statement on page 335 of the agenda and highlighted the concerns of crime and disorder in the local area and incidents relating to the premises.
At the request of the Chair, Mr Valentine Atsu, friend of the current DPS explained that he was representing the new owners of the premises and that the problems had occurred under the previous ownership. Mr Atsu stated that there was no crime and disorder linked to the premises and that there was no confirmation that noise nuisance related to the premises. He concluded by saying that he was willing to work with the Planning Department to address their concerns and to come to some form of agreement.
In response to questions it was noted that the license had been transferred in July 2010 and the transfer of DPS was in November 2010.
Mr Greeno at this point clarified the distinction between licensing hours and planning hours.
In response to a question Mr Atsu stated that he was not in agreement for the licensing hours to be reduced. It was noted that TEN applications had been made in the past, however specific dates were not available. It was noted that TEN applications did not override planning permission. It was also noted that there was no condition on the license to close doors however Mr Atsu stated that this would be considered.
Mr Duncan stated that in October 2010, Environmental Health were still dealing with Mr Bakpa, the previous owner. He also stated that the building was not suitable or designed for a nightclub and that the club had operated without a DPS for a period of time.
Members asked who the Premises License Holder was, Mr Atsu could not confirm this and could only confirm that Mr Marcello De Oliveria was the DPS.
The Chair adjourned the meeting at 8.45pm and reconvened at 8.50pm.
The Chair asked Mr Atsu to confirm and state who he was actually representing at the meeting. Mr Atsu confirmed he was a friend of Mr Marcello De Oliveria the current DPS and was representing him. The DPS and the Premise License Holder were not present at the meeting and had made no contact with Democratic Services, the Chair asked if Mr Duncan still wished to continue with the Hearing.
Mr Duncan stated that the facts still remained the same and was happy for the hearing to continue in their absence.
In response to further questions it was noted that there was no direct issues linked to the premises however general anti-social behaviour occurred in the area and that clients of Gramaphone had become victims of crime and disorder.
The Chair advised that the Sub Committee would at 8.50pm adjourn to consider the evidence presented. Members reconvened at 9.25pm. The Chair reported that;
Having heard the representations from all interested parties, Members decided to SUSPEND the license for a period of three calendar months and to modify the conditions of the license as listed below. Both actions were in order to further the licensing objectives of preventing crime and disorder and public nuisance.
Members were very concerned about the continued breach of licensing conditions, planning control and council policy. Members were not satisfied that the licensee would promote the licensing objectives and believed that crime would continue if the hours of operation were to stay the same. They therefore decided that a period of suspension was necessary to promote the relevant licensing objective, in view of the seriousness of the breaches and in order to deter similar incidence of crime.
RESOLVED
That the application for a review of the premises license forGramaphone, 60-62 Commercial Street London E1 6LT, be GRANTED with suspension of the license and modified conditions to the license.
Suspension
Three months suspension (the commencement date for suspension, to be detailed, in the decision notification letter)
Sale of Alcohol (on sales)
Sunday to Thursday from 11:00 hours to 22:30 hours
Friday and Saturday from 11:00 hours to 00:30 hours
The Provision of Regulated Entertainment (Plays and films, live music, recorded music, performance of dance and anything of a similar description. Provision of facilities for making music, provision of facilities for dancing and provision of facilities for entertainment of a similar description)
Sunday to Thursday from 11:00 hours to 22:30 hours
Friday and Saturday from 11:00 hours to 00:30 hours
The Provision of Late Night Refreshments
Friday and Saturday from 23:00 hours to 00:30 hours
Hours Open to the Public
Monday to Thursday from 11:00 hours to 23:00 hours
Friday and Saturday from 11:00 hours to 01:00 hours (the following day)
Sunday and Public Holiday from 11:00 hours to 23:00 hours
Amended Condition
Annex 2, Environmental Protection Conditions 1a to be replaced with the following;
1(a) – There shall be the provision and installation of a noise limiting devise to all amplified sound systems within the premises whether existing of installed in the future and maximum noise levels of such devise are to be set and agreed beforehand with the Environmental Health Officer and if no agreement can be reached the matter is to be remitted back to the Licensing Sub Committee to consider and set an appropriate level.
Supporting documents: