Agenda item

The Licensing Sub-Committee carefully considered the application for the variation of a Premises Licence at Crown Inn, School Road, Chislehurst, BR7 5PQ.

The Licensing Sub-Committee has made the following decision having regard to: - the four licensing objectives, - the Council’s current Statement of Licensing Policy (as amended) - Guidance issued under the Licensing Act 2003 (as amended); The Secretary of State Guidance issued under Section 182 of the Licensing Act 2003 (as amended), - Written and oral representations from the Applicant, - Written and oral representation from local residents - Representation from a ward Councillor - Written representation from the - Written representations from the Metropolitan Police.

The decision of the Licensing Sub-Committee is as follows:

On the 5th April 2023, the Licensing Sub-Committee having considered the application as a whole, decided to Grant the application to vary the licence as stated in the relevant application.

The application included additional Metropolitan Police conditions agreed by the applicant  The conditions stated in the original licence remain in place

 THE APPLICANT’S CASE:

The applicant mentioned that the application was to vary the current premises licence and plan to include an outside bar (to operate annually between 1st March and 1st November) The bar would be managed when it was open at all times until the closing time of 21:00 hours. The bar’s operating hours are from 12:00 Noon to 21:00 hours.

The applicant stated that there were various refurbishments at the premises which included the installation of the outside bar and reorganising the space to have toilet facilities both inside and in the outside space. Noise has been a factor when the works were on-going. The applicant mentioned that there was no intention to increase the number of persons attending the premises.

The applicant said that the outside bar would alleviate the pressure on the inside bars, so as to create a better environment for the guests who stayed at the hotel. Furthermore, the applicant said that he did not feel that the outside bar would cause an increase in customers. When asked about live music in the garden area, the applicant responded that the intention was to play acoustic music, or occasionally, when assisting charities at fundraising events, to change the music then, but always taking into consideration the noise level.

The applicant mentioned that he was aware that the current premises licence did allow the premises to hold live music.  The applicant expressed that he was aware of the option to request (Temporary Events Notice) TENS if and when required. The applicant also mentioned the fact that the Metropolitan Police conditions had been agreed. On the point regarding complaints made to the premises regarding noise, the applicant mentioned that most of the noise complaints were during the time when the premises was undergoing refurbishment. One of the members of the Licensing Sub-committee highlighted to the applicant the importance of following through on complaints which arose and to resolve them satisfactorily. That way, the premises would make progress in building a good neighbourly relationship with the residents. The applicant said that he intended to work well with residents and would want to see the residents come to the premises.

OBJECTIONS AND CLARIFICATIONS RELATING TO THE VARIATION OF THE ABOVE LICENCE:

At the hearing, two persons objecting to the licence spoke to Licensing Sub-Committee, a resident and a Ward Councillor. The objections can be summarised as follows; Noise nuisance and disturbance during delivery hours. There was a mention about the closing time for the outside bar to be 19:00 hours. It was further mentioned that the trees surrounding the licensing premises may not be sufficient to prevent or buffer the noise emanating from the premises. Noise from the premises due to refurbishing works. Noise during delivery hours and the alarm going off.

The applicant said that there were some teething problems with the alarm and that the noise issue was primarily because of the works at the premises. The concern about the frequent change of staff (managers) at the premises was discussed. The objectors had a chance to present their statement and to ask the applicant questions.

A question was asked on how the premises intended to engage with the residents. The applicant responded that the required formalities had been followed. Furthermore, the premises intended to listen to the residents. The applicant mentioned that there was an invitation to the residents (clients) for a ‘freebees’ at the premises. The premises would like to keep a good relationship with the residents and its customers. The applicant said he may consider having quarterly meetings with the residents to listen to their concerns.

The Licensing Sub-Committee at the Hearing listened to all parties, asked relevant questions, and accordingly asked for clarification when necessary.

THE VARIATION:

The Licensing Sub-Committee having considered the application as a whole, the proposed and agreed conditions between the metropolitan police and the applicant, decided to vary the licence. The Licensing Sub-Committee varied the Licence to allow the installation of an outdoor bar in the rear garden area of the  premises as follows

• Alteration to current plans to include an outside bar area ( as per submitted plans)

• Bar to operate daily from 12:00 Noon to 21:00 hours

• All other current provisions and times to remain the same.

Police conditions agreed by applicant

• A CCTV system will be installed and maintained at the premises and will include covering the bar areas and entrances of the premises. Recordings shall be stored for a minimum of 28 days and CCTV images shall be retrieved in a digital format and supplied immediately to a Police or Council Officer on request.

 • At least one CCTV camera shall be installed by the entrance door that enables face, head and shoulders images of a standard that will enable identification of each person entering and leaving the premises.

 • Ensure that a Challenge 25 policy is operated at the premises with appropriate signage displayed inside the premises.

 • Ensure that all relevant staff within the business are trained in relation to the Licensing Act 2003 and conflict management. Training records shall be available from the premises and made available for Inspection by the police upon reasonable request. Refresher training will be undertaken every 6 Months (or earlier as necessary).

• Maintain an incident register that that is accessible on the premises. The DPS, or a member of management shall ensure that the details of incidents shall be added to the register within 24 hours of any incident. The following details shall be recorded: - · Date · Time · Location · Persons concerned (or at least a description) · Summary of incident · Identification of any Emergency Services Personnel who attended · Crime or appropriate reference number provided by the Emergency Services that relates to the incident and any linked incidents

• Ensure that a refusals record is maintained at the premises and that such a record shall be made immediately available for inspection by the Police or an authorised Officer of the Local Authority. The conditions in the original licence remain in place. The Licensing Sub-Committee further noted as stated on page 23 , the applicant’s steps which he intends to take in order to promote the four licensing objectives

THE DECISION:

The Licensing Sub-Committee decided Grant the application to vary the above

premise as applied for plus the agreed conditions between the Metropolitan Police and the applicant.

a) The Licensing Sub-Committee considered all the licensing objectives, the

relevant licensing policies and guidelines relating to the above application.

b) The Licensing Sub-Committee considered the application; both the written and

oral representations, and all the steps which the applicant intends to take to

promote the licensing objectives.

c) The applicant has mentioned that he has good intention to uphold the licensing

objectives, accepted the additional Metropolitan Police conditions which

promote the licensing objectives.

d) The relevant Licensing Act provides for a review process for a licensable

premises which may be utilised as and when required.

The Sub-Committee believed that the reasons and conditions

attached to the premises licence were necessary, in order to uphold all the licensing objectives.

In conclusion the Licensing Sub-Committee in line with the relevant

policies and guideline made the decision that; the above variation of the premises licence application be granted as applied for.