(L.15) - Judgement by Bromley Licencing Committee - 30 November 2000

The committee has before it an application by London and Regional Properties for 13 Justices Licence under Section 6 (5) Licensing Act 1964.

The committee has heard evidence on behalf of the applicant and on behalf of objectors. It is fair to say there has been considerable evidence on behalf of the objectors including evidence from the Crystal Palace Campaign, the Mayor of London, individuals and spokespeople on behalf of a number of groups.

It is clear there are serious concerns about the effect this development and its proposed state will have on the immediate and adjoining community. These can be summarised as concerns over anti social behaviour and environmental issues.

Mr Stringer has given evidence as to the type of lessee for each unit although no particular individual or company has been identified as yet for the majority of the units.

The committee is satisfied that plans have been deposited to sufficiently identify the site and there is a general description giving a general indication, of the proposed size and character of each unit.

The committee has considered whether the Human Rights Act 1988 has been engaged. The committee is satisfied that there has been no breach in respect of these applications. Any of the matters complained of largely fall within the ambit of other public authorities, for instance traffic management which is the responsibility of the local authority and police.

The committee has considered the proposed conditions tendered by the applicant after consultation with the police.

Although we are satisfied the Human Rights Act is not engaged we have considered all the objections especially those which fall within those listed within our guidance document. We therefore propose to grant on licences to thirteen units identified on the plans most of which are going to be in the nature of restaurant style operations. The following conditions are proposed:

Unit 14. commonly known as health and fitness club:

1. Intoxicating liquor may only be supplied to members of the club, their guests and other persons bona fide using the premises.
2. The premises shall only operate as a health and fitness club.
3. No member may introduce more than five guests in any one day.
4. No person shall be introduced as a guest on m ore than five occasions in any one year.
5. All guests must be signed in a visitors register by the member introducing them. This register shall be available for inspection by any police officer on request.
6. CCTV to be installed within the licensed area of the premises, the quality of which shall be of an evidential standard acceptable to the police tapes are to be retained for a period of 31 days before reuse.
7. The extent of the licensed area shall consist of no more than 5000 square feet.
8. Numbers using the licensed area to be agreed by the licensee and the police.
9. No public entertainment licences are to be applied for.

Unit 13, commonly known as the bowling alley:

1. The sale and supply of intoxicating liquor is restricted to persons attending the premises for the purpose of and ancillary to ten pin bowling.
2. No public entertainment licences are to be applied for.
3. CCTV to be installed within the licensed area of the premises, the quality of which shall be of an evidential standard acceptable to the police tapes are to be retained for a period of 31 days before reuse.
4. Any arcade type area and or pool area not to form part of the licensed premises.

Unit 11, commonly known as the full on licence i.e.. a pub.

1. Substantial food and non-intoxicating beverages (including drinking water) shall be available during licensing hours in all parts of the premises where liquor is sold.
2. During permitted hours there shall be a visibly defined area, comprising of at least 50% of the area available for drinking, where consumption of alcohol shall be limited to customers seated at tables.
3. CCTV to be installed within the licensed area of the premises, the quality of which shall be of an evidential standard acceptable to the police tapes are to be retained for a period of 31 days before reuse.
4. There shall be no application for public entertainment licences.
5. Numbers using the area to be agreed by the licensee and the police.

The remaining units which form part of the application will be on licensed premises in the restaurant style with the following conditions:

1. Substantial food and non intoxicating beverages (including drinking water) shall be available during licensing hours in all parts of the premises where liquor is sold.
2. There shall be no sale supply or consumption of intoxicating liquor to or by customers not seated at tables and any such service shall be by waiter or waitress, the sale, supply and consumption of intoxicating liquor shall be ancillary to substantial food.
3. No public entertainment licences to be applied for.
4. CCTV to be installed within the licensed area of the premises, the quality of which shall be of an evidential standard acceptable to the police tapes are to be retained for a period of 31 days before reuse.

In addition the following condition will apply to all licences:

There is to be no sale or supply of alcohol for consumption off the premises.

The above conditions must he in situ before the licence takes effect.

We are of the opinion that the above proposed conditions will limit the number and type of person frequenting these premises because for the vast majority of the units alcohol can only be purchased as ancillary to a substantial meal. From experience the committee holds the view that this will attract clientele with whom public nuisances are less likely to be associated thus addressing some of the fears that have been raised by the objectors.

It also allows future applications to be made to upgrade the premises if and when an applicant so desires.

Two additional conditions were subsequently applied:

1. There must be no live performances and
2. there will be no occasional licenses (this means no extension of hours for special events such as Christmas etc. and not even for a palm court trio.)

The above reproduction is verbatim, typographical & other errors are the responsibility of the Court.
Last updated: 2/12/00