$33(1',;moderngov.southwark.gov.uk/documents/s73481/appendix c ra... · 2018-01-18 ·...

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Working for a safer Southwark The Licensing Unit Metropolitan Police Service Floor 3 Licensing Office 160 Tooley Street Southwark Police Station, London SE1 2QH 323 Borough High Street, LONDON, SE1 1JL Tel: 020 7232 6756 Email: [email protected] Our reference: MD21/3077/17 Date: 20th December 2017 Dear Sir/Madam Re:- Corporation Ponce Arch 144 Eagle Yard Hampton St SE1 6SP Police are in possession of an application from the above for a variation to their current licence 851276. The application seeks to increase the hours for licensable activities and opening hours. I note that the premise sits within the Elephant & Castle major town centre, as defined by Southwark’s statement of licensing Policy. The closing time for what is described by the applicant as a restaurant would be 01:00 on the Friday and Saturday nights as per policy. The application has asked for a terminal hour of 03:00 on both Friday & Saturday Nights. Although this venue is located in a major town centre as per the licensing Policy, it should be noted that it sits beneath and in very close proximity to a number of residential dwellings. As per the original application in 2016 I am of the opinion that this is not a suitable location for a premises to be open to the public until 03:00. It is highly likely that patrons leaving the venue at time would cause considerable noise nuisance to local residents. I also note the application is for the provision of regulated entertainment and has previously been described as a restaurant with Karaoke Bar. This also could be a potential issue with noise complaints. Although the venue is currently conditioned only to supply alcohol to those seated with a substantial table meal. The major concern from the Police is the potential ASB issues caused by patrons leaving, and any related crime and disorder associated with the extended permitted hours for the supply of alcohol. It is for these reasons that I recommend that the application to vary the premises licence is refused. $33(1',;&

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Page 1: $33(1',;moderngov.southwark.gov.uk/documents/s73481/Appendix C RA... · 2018-01-18 · Consider our environment r please do not print this email unless absolutely necessary. NOTICE

Working for a safer Southwark

The Licensing Unit Metropolitan Police Service Floor 3 Licensing Office 160 Tooley Street Southwark Police Station,LondonSE1 2QH

323 Borough High Street, LONDON,SE1 1JL

Tel: 020 7232 6756Email: [email protected]

Our reference: MD21/3077/17

Date: 20th December 2017

Dear Sir/Madam

Re:- Corporation Ponce Arch 144 Eagle Yard Hampton St SE1 6SP

Police are in possession of an application from the above for a variation to their current licence 851276. The application seeks to increase the hours for licensable activities and opening hours.

I note that the premise sits within the Elephant & Castle major town centre, as defined by Southwark’s statement of licensing Policy. The closing time for what is described by the applicant as a restaurant would be 01:00 on the Friday and Saturday nights as per policy. The application has asked for a terminal hour of 03:00 on both Friday & Saturday Nights.

Although this venue is located in a major town centre as per the licensing Policy, it should be noted that it sits beneath and in very close proximity to a number of residential dwellings. As per the original application in 2016 I am of the opinion that this is not a suitable location for a premises to be open to the public until 03:00. It is highly likely that patrons leaving the venue at time would cause considerable noise nuisance to local residents.

I also note the application is for the provision of regulated entertainment and has previously been described as a restaurant with Karaoke Bar. This also could be a potential issue with noise complaints. Although the venue is currently conditioned only to supply alcohol to those seated with a substantial table meal.

The major concern from the Police is the potential ASB issues caused by patrons leaving, and any related crime and disorder associated with the extended permitted hours for the supply of alcohol.

It is for these reasons that I recommend that the application to vary the premises licence is refused.

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Working for a safer Southwark

Yours Sincerely

PC Ian Clements 362MDSouthwark Police Licensing Unit Tel: 0207 232 6756

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Heron, Andrew

From: [email protected]: 09 January 2018 15:33To: Heron, Andrew; Regen, LicensingSubject: Emailing: Corporation PonceAttachments: Signed MG11.pdf

Dear Andrew

Please find attached statement regarding breaches of the premises licence and late opening for Ponces. Could thisplease be included for the hearing.

Kind Regards

Ian

Your message is ready to be sent with the following file or link attachments:

Signed MG11

Note: To protect against computer viruses, e mail programs may prevent sending or receiving certain types of fileattachments. Check your e mail security settings to determine how attachments are handled.

Consider our environment please do not print this email unless absolutely necessary.

NOTICE This email and any attachments may be confidential, subject to copyright and/or legal privilege and areintended solely for the use of the intended recipient. If you have received this email in error, please notify thesender and delete it from your system. To avoid incurring legal liabilities, you must not distribute or copy theinformation in this email without the permission of the sender. MPS communication systems are monitored to theextent permitted by law.

Consequently, any email and/or attachments may be read by monitoring staff. Only specified personnel areauthorised to conclude any binding agreement on behalf of the MPS by email. The MPS accepts no responsibility forunauthorised agreements reached with other employees or agents. The security of this email and any attachmentscannot be guaranteed. Email messages are routinely scanned but malicious software infection and corruption ofcontent can still occur during transmission over the Internet. Any views or opinions expressed in this communicationare solely those of the author and do not necessarily represent those of the Metropolitan Police Service (MPS).

Find us at:Facebook: facebook/metpoliceukTwitter: @metpoliceuk

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Heron, Andrew

From: Tahir, SarahSent: 12 December 2017 13:34To: Heron, AndrewSubject: FW: Variation, Corporation Ponce, Arch 144 Eagle Yard, SE1

Added to l1u = 861205

From: Regen, Licensing Sent: Tuesday, December 12, 2017 1:28 PM To: Tahir, Sarah Subject: FW: Variation, Corporation Ponce, Arch 144 Eagle Yard, SE1

From: Prickett, MarkSent: Tuesday, December 12, 2017 1:12 PM To: Regen, Licensing Cc: ; Mills, Dorcas; Tear, Jayne Subject: Variation, Corporation Ponce, Arch 144 Eagle Yard, SE1

Dear Licensing,

Southwark’s Environmental Protection Team (EPT) have reviewed the premises licence variation for ‘CorporationPonce’, Arch 144, Eagle Yard, Walworth Road, SE1 6SP.

The variation application seeks to extend the following licensable activities;

Live music (indoors): Friday and Saturday 14:00 – 02:30. (Currently restricted to 23:30).Recorded music (indoors): Friday and Saturday 14:00 – 02:30. (Currently restricted to 23:30).Late night refreshment (indoors): Friday and Saturday 23:00 – 02:30. (Currently restricted to 23:30).Sale of alcohol (on the premises): Friday and Saturday 14:00 – 02:30. (Currently restricted to 23:30).

Opening hours: Friday and Saturday 09:00 – 03:00 the following day (Currently restricted to 23:30).

No changes are being requested between Sunday and Thursday.

The existing licence can be found through the following link;http://app.southwark.gov.uk/Licensing/LicPremisesGrantedDetails.asp?systemkey=851276

EPT STANCEEPT have reviewed section M part d) of the application form. No new measures are outlined on how operations willbe controlled to prevent public nuisance. This section is filled with the conditions on the existing licence.

The application form does not advise what type of premises this is. EPT believe it to be a restaurant that now seeksto turn into a late night vertical drinking venue with live and recorded music and open late on weekends.

No information has been provided on the noise insulation standards of the railway arch as to whether this unit isable to contain live & recorded music levels, especially late into the night when background levels will be lower andwhen neighbouring residents will be sleeping. Nor is there any information on how the operator will control patronsleaving the premises late at night / early in the morning to ensure public nuisance will not occur.

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The hours proposed exceed the Southwark Licensing Policy 2016 2020 suggested opening hours within the Elephantand Castle area (table 2).

EPT note that the premises has applied for numerous TENs to open until 3/4am in the past, however theseapplications were only ever for alcohol only. No live or recorded music was applied for under these TEN applicationsand as such these TEN events do not provide an accurate representation of this premises opening late at weekends.

EPT are also aware of numerous previous noise disturbance / public nuisance complaints from neighbouringresidents regarding late night patron use for licensed arch premises in Eagle Yard and as such have concerns overthe suitability of these arches in this location operating late into the night due to the high potential to cause publicnuisance.

Taking into account the above, EPT raise objection to this application.

Kind regards,

Mark PrickettPrincipal Enforcement OfficerEnvironmental Protection Team Tel: 020 7525 0023

Postal address: Southwark Council, Environmental Protection Team, Regulatory Services, 3rd Floor Hub 1, PO Box 64529, London, SE1P 5LX Office address (By appointment only): Southwark Council, 160 Tooley Street, London, SE1 2QH

Air Quality web pages: http://www.southwark.gov.uk/air-qualityConstruction web pages: http://www.southwark.gov.uk/construction London Low Emission Construction Partnership - http://www.llecp.org.uk/

Please consider the environment do you really need to print this email?

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Heron, Andrew

From: Tahir, SarahSent: 19 December 2017 16:31To: Heron, AndrewSubject: FW: Consultation - Major Variation - Arch 144 Eagle YardAttachments: Alcohol-related violence and disorder in Southwark's CIP areas 2017 09 1....pdf

Added to l1u = 861205

From: Regen, Licensing Sent: Tuesday, December 19, 2017 3:30 PM To: Tahir, Sarah Subject: FW: Consultation - Major Variation - Arch 144 Eagle Yard

From: Sharpe, Carolyn On Behalf Of Public Health Licensing Sent: Tuesday, December 19, 2017 3:17 PM To: Regen, Licensing Cc: Public Health Licensing Subject: RE: Consultation - Major Variation - Arch 144 Eagle Yard

To whom it may concern:

Re: Ponce’s Corporation, Arch 144, Eagle Yard, Hampton Street, London SE1 6SP

On behalf of the Director of Health and Wellbeing (incorporating the role of Director of Public Health) forSouthwark (a responsible authority under the Licensing Act 2003) I wish to make representation in respectof the above.

This representation is made in respect of the following licensing objective(s):

The prevention of crime and disorderPrevention of public nuisancePublic safety

The applicant requests to vary their current licence to extend the sale of alcohol until 02:30 on Fridays and Saturdays and for opening times until 03:00 on Fridays and Saturdays.

The applicant’s current license permits the sale of alcohol until 23:30 and a closing time of 00:00 on Fridays and Saturdays and this is in line with what is recommended in Southwark’s Statement of Licensing Policy. The applicant has not provided any justification for the extension of hours requested and since the applicant has described this premises as a restaurant / café the hours requested are, in my opinion, not appropriate for this type of venue.

Additionally, although this premises is not located in a cumulative impact policy area, it is located within one of the geographical areas that the council monitors due to high rates of alcohol related harm, crime and disorder. The attached report shows that this premises is located in a hotspot for alcohol related rowdy behaviour (page 3), alcohol related harassment and common assault (page 4) and alcohol-related assault with injury and serious wounding (also page 4).

Recommendations

I recommend this application is rejected.

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If you have any further questions, please do not hesitate to contact me.

Yours sincerely,

Carolyn Sharpe on behalf of Professor Kevin Fenton, Director of Health and Wellbeing (incorporating the role of Director of Public Health)

Carolyn Sharpe | [email protected] | 02075250025 | 07927563567 Public Health Policy Officer (People & Health Intelligence), London Borough of Southwark, 160 Tooley Street, London SE1 2QH

l

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MEMO: Licensing Unit

To Licensing Unit Date 22 December 2017

Copies

From Jayne Tear Telephone 020 7525 0396

Email [email protected]

Subject Re: Corporation Ponce, Arch 144 Eagle Yard, London, SE1 6SP

– Application to vary a premises licence

I write with regards to the above application to vary the premises licence submitted by Ponce’s Corporation Limited under the Licensing Act 2003, which seeks to vary the following licensable activities:

• To extend live music and recorded music (indoors) on Friday and Saturday from 23:30 to02:30 the following day

• To extend late night refreshment (indoors) on Friday and Saturday from 23:30 to 02:30 thefollowing day

• To extend the supply of alcohol (on the premises) on Friday and Saturday from 23:30 to02:30 the following day

• Overall opening times shall be on Sunday to Thursday from 09:00 to 23:00 and on Fridayand Saturday from 09:00 to 03:00 the following day

To amend condition 843 which states:

843 - That on Fridays and Saturdays one SIA registered door supervisor shall patrol the outside the areas of the premises between the hours of 21:00 and 00:00 to monitor the patrons and number of smokers outside the premises.

To read as follows:

843 - That on Fridays and Saturdays one SIA registered door supervisor shall patrol the outside the areas of the premises between the hours of 21:00 and 03:00 to monitor the patrons and number of smokers outside the premises.

The premises is described within the operating schedule as ‘Corporation Ponce’ is neither a nightclub nor a bar but is simply a small licensed restaurant, accommodating a maximum of sixty (60) diners seated at tables. The venue does not have a dance floor or any available floor space between the tables and chairs for dancing’

My representation is based on the Southwark Statement of Licensing policy 2016 – 2020 and relates to the licensing objectives for the prevention of crime and disorder and the prevention of public nuisance.

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This premise is situated within a the Elephant and Castle Major Town Centre and under the Southwark Statement of Licensing policy 2016 – 2020 the latest appropriate closing times for restaurants and cafes on Sunday to Thursday is 00:00 hours and for Friday and Saturday is 01:00 hours.

The premises is very close to local resident’s who could be disturbed by patrons leaving the premises late at night. I object to the granting of the extended hours asked for within this application under the prevention of crime and disorder and public nuisance licensing objectives as the operation of the premises and of people leaving the premises even later at night could impact upon local residents living nearby and in the surrounding streets. The management would have no control of patrons that have left the premises and the possible impact of any rowdy and anti-social behaviour or crime and disorder.

Furthermore the hours applied for are in excess of what it deemed appropriate for this area within the statement of licensing policy and the applicant has offered no further control measures within the operating schedule to address the licensing objectives should the licence be granted.

I therefore submit this representation and welcome any discussion with the applicant to consider the above representation

I may submit further supporting evidence to this representation

Southwark’s Statement of Licensing Policy 2016 – 2020 can be found on the following link:

http://www.southwark.gov.uk/downloads/download/4399/licensing_act_2003_-_southwark_statement_of_licensing_policy_2016_-_2020

Jayne Tear Principal Licensing officer In the capacity of Licensing Authority as a Responsible Authority