Chris Lloyd, on behalf of the applicant, introduced their application.

The owner had run a restaurant in Morden for two years with no complaints received.  This level of management would be carried over to the new restaurant in Wimbledon.  The panel were shown the menu of drinks, and given information about signage.  The business was an independent one, and the manager would always intervene if there were any problem with noise. 

Cllr Sargeant asked the applicant to demonstrate that the new premises would not have a negative influence on the cumulative impact zone.

Mr Lloyd responded by confirming that alcohol would only be served with meals and consumed on the premises.  There would be an extremely low chance of customers over indulging as the manager would intervene to prevent problems.

Stephen Beedell, Licensing Officer, pointed out that no responsible authority was in attendance at the hearing.

In response to questions from panel members,  about who would be the premises supervisor, and whether the premises had been licensed previously, Mr Lloyd explained that the supervision would be provided by Mr Sheikh, his partner and Maitre’d, and that he believed the premises had been licensed previously, but that the license had not been utilised.

The Panel went into closed session at 12.20pm and reconvened at 12.40pm

Guy Bishop had advised the panel on Thwaites case, on the assessment of evidence, and  the Somerfield case on the applicability of conditions where other legislation governed such matters.

The Panel gave their decision as follows:

We have considered that the applicant has demonstrated that the proposed premises will not add to cumulative impact in this CIP area.  In view of the nature of the proposed operation and the enforceable conditions offered by the applicant, we therefore grant the application as sought in respect of hours and licensable activities subject to the following conditions extracted from the operating schedule in the application (taken from the offered conditions page 22 – 24 in the agenda pack):

1.      Alcohol sales will be ancillary to the service of food and will be restricted to wines and/or beers only.  There will be no sale of alcohol without the purchase of a substantial meal and no vertical drinking on the premises. 

2.      A CCTV camera system shall be installed and maintained as per the minimum requirements of a Metropolitan Police Crime Prevention Officer.  All entry and exit points will be covered enabling identification of persons entering in any light condition.

3.      The licences shall ensure that the CCTV is maintained in working order to the satisfaction of the Police and Local Authority and be in operation when the premises is open to the public.  CCTV recordings shall be retained for a minimum period of 31 days with date and time stamping.  Records will be made immediately available on request by the Police or an authorised council officer.

4.      A member of staff conversant with operation of the CCTV system will be on the premises at all times during the operating hours in order to provide Police or an authorised council officer with recent footage with a minimum of delay.

5.      If the CCTV becomes inoperative, the Police and Local Authority will be informed as soon as practically possible and immediate steps will be taken to put the equipment back into action.

6.      No customers carrying open or sealed bottles or glasses will be admitted to the premises at any time.

7.      No customers will be permitted to take open containers of alcoholic or soft drinks from the premises. 

8.      The premises shall keep an incident book and record details of all instances of public disorder, to be made available to the Licensing Authority or police upon request.

9.      Staff shall implement a dispersal policy outside the premises within the area under the applicants’ direct control. 

10.   The applicants shall conduct regular risk assessments on noise levels outside the premises.

11.   Staff shall implement a litter clearing policy immediately outside the premises.

12.   A suitable receptacle will be provided for cigarette litter directly outside the premises.

13.   Notices shall be displayed reminding customers to keep noise levels to a minimum and to respect neighbours when leaving the premises.

14.   A challenge 25 policy will be employed whereby those who appear to be under the age of 25 are attempting to purchase alcohol will be asked to provide identification.  The only type of identification that will be accepted is a photo driving licence, passport, PASS (Proof of Age Standards Scheme) or accredited Military identification cards.  Staff will be trained in this policy and records of training will be kept.

15.   A refusals book, or similar record, shall be kept at the premises in which must be recorded the date and time and circumstances under which any attempted purchase by a young customer has been refused.  This book, or other form of record, shall be made available for inspection by any police officer, community support officer, or authorised person upon demand.

16.   Children under the age of 16 may be present in the restaurant with an accompanying adult but otherwise are not permitted beyond 19:00.