Licensing Team Floor Laurence House I Cafford Road London SE6 4RU 020 8314 6400 Application for the review of a premises licence or club premises certificate under the Licensing Act 2003 PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST Before completing this form please read the guidance notes at the end of the form. If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your answers are inside the boxes and written in black ink. Use . additional sheets if necessary. You may wish to keep a copy of the completed form for your records. (Insert name of applicant) apply for the review of a premises licence under section 511 apply for the review of a club premises certificate under section 87 of the Licensing Act 2003 for the premises described in Part I below (delete as applicable) Part 1 — Premises or club premises details Post town London Post code (if known) SE6 ILF Postal address of premises or, if none, ordnance survey map reference or description Aces Wine Bar 88 Verdant Lane London Name of premises licence holder or club holding club premises certificate (if known) Jane Walton 9 Wellington Road Walthamstow London Elf 6LS Number of premises licence or club premises certificate (if known) PL 0318
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Licensing Team Floor Laurence House I Cafford Road 020 ... · Part 1 — Premises or club premises details Post town London Post code (if known) SE6 ILF Postal address of premises
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Licensing TeamFloor Laurence House
I Cafford RoadLondon
SE6 4RU020 8314 6400
Application for the review of a premises licence or club premises certificateunder the Licensing Act 2003
PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form.If you are completing this form by hand please write legibly in block capitals. In allcases ensure that your answers are inside the boxes and written in black ink. Use. additional sheets if necessary.You may wish to keep a copy of the completed form for your records.
(Insert name of applicant)apply for the review of a premises licence under section 511 apply for thereview of a club premises certificate under section 87 of the Licensing Act 2003for the premises described in Part I below (delete as applicable)
Part 1 — Premises or club premises details
Post town London Post code (if known) SE6 ILF
Postal address of premises or, if none, ordnance survey map reference ordescription
Aces Wine Bar 88 Verdant Lane London
Name of premises licence holder or club holding club premises certificate (ifknown)Jane Walton9 Wellington RoadWalthamstowLondonElf 6LS
Number of premises licence or club premises certificate (if known)PL 0318
Part 2 - Applicant details
lamPlease tick V yes
1) an individual, body or business which is not a responsibleauthority (please read guidance note 1, and complete (A)or (B) below)
2) a responsible authority (please complete (C) below) XY’
3) a member of the club to which this application relates(please complete (A) below)
(A) DETAILS OF INDIVIDUAL APPLICANT (fill in as applicable)
Please tick V yes
Mr Mrs Miss LI Ms Other title Cur(for example, Rev)
Surname First names
Ingleby Mark
Please tick V yesI am 12 years old or over
Current postal Governance Support,address if Lewisham Town Halldifferent from Rushey Green,premises Caffordaddress London SE6 4RU
Post town London Post Code SEG 4RU
Daytime contact telephone number 07988 014283! 020 8698 8562
Lynn Blakelock London Borough of Lewisham, ChildrenChildren’s Social Care1st Floor Laurence House1 Cafford RoadLondon SE6 4RU
Health & Safety Manager London Borough of Lewisham, Health & SafetyWearside Service CentreWearside RoadLondon SEI3 7EZ
Fires Safety Regulation: South East 3 Fire BrigadeLondon Fire Brigade169 Union StreetLondon SE1 OLL
Planning and Development Control LB Lewisham, PlanningLaurence HouseI Cafford RoadLondon SE6 4RU
Environmental Enforcement Team LB Lewisham, Environmental HealthWearside Service CentreWearside RoadLondon SE13 7EZ
LB Lewisham, Weights and MeasuresTrading StandardsWearside Service CentreWearside RoadLondon SEI3 7EZ
The Licensing Officer PoliceLewisham Police Station43 Lewisham High StreetLondon SEI3 5JZ
Jane Miller PCTDeputy Director of Public HealthPublic Health3rd Floor, Laurence HouseI Cafford RoadLondon SE6 4RU
Telephone number (if any)
E-mail address (optional)
This application to review relates to the following licensing objective(s)
Please tick one or more boxes
I) the prevention of crime and disorder XE’2) public safety XLY3) the prevention of public nuisance X4) the protection of children from harm
Please state the ground(s) for review (please read guidance note 2)Given the evidence below, including my own, it would appear that Aces Wine Bar are not
following the terms of their licence properly. In the light of the more serious affray events
that occurred there in March this year and the subsequent strict conditions in their licence,the current situation, which continues to cause regular late night disruption to a number of
our constituents in Verdant Lane, now requires urgent examination.
(1) The Noise Nuisance Officer has recommended an abatement notice:“After witnessing noise last weekend from the Aces Bar, I returned to the Office to log the joband noticed that a warning letter had already been sent to them. I decided that because themusic was so loud and because a warning letter had also been issued, the next course ofaction should be an abatement notice”. —
The licencee is clearly creating excessive noise to the detriment of local residents, and musthave de-coupled the noise delimiter from the power supplies to amplified music.
2) As confirmed in the letter from Catford South SNT Panel, this extends to excessively late
hours of operation. Whitefoot SNT Officer PC Andy Morris informs me that the Bar is inbreach of licensing conditions when more than 50 people are inside it. The evidence in theletter from the Catford South SNT Panel also seems to suggest this. The Police & Councilneed to check the CCTV records as in the March Licence Agreement to confirm whether ornot or how often the licensee has broken this condition. If these records have beencompromised (like the Decibel Delimiter), the Licence Agreement therefore shows that theyare in breach of conditions.
ACES BAR, 8$ VERDANT LANE, SE6.
I am writing to you following the last Catford South Ward Panel Meeting thattook place on Thursday October 9th in that meeting very strong and heartfeltrepresentations were again made about the continuing impact that Aces Bar at 8$Verdant Lane is having on the lives of residents in the surroundingneighbourhood. In that meeting we heard that:
• The noise level is intolerable, particularly at the weekend, when the bar
often has themed events that go on well into the early hours of the
morning. The noise level and accompanying vibration are such that they
actually cause objects to vibrate inside houses and there have been
occasions when a resident has been forced out of the house to sleep
elsewhere.
• Noise from cars and taxis arriving and leaving also goes on well into the
early hours of the morning, especially at the weekend.
• Residents have been advised to keep diaries of these activities which
they have done so for at least a year, in some cases.
• Environmental Health/Noise Team Officers have failed to attend on
occasions when called.
It is beyond dispute that this intolerable and inappropriate activity has existed and
expanded as an unauthorised use for a considerable time. More recently:
• the police have made visits to the bar,
• A licensing visit has been conducted,
• Suspects were arrested and charged as a result of a violent affray that
occurred after which the bar was closed for a short time,
• We understand that the installation of a CCW system was a requirement
from the police following the suspension of the licence.
However, despite these interventions, problems are still emanating unchanged fromthe premises. Residents are extremely concerned and not a little baffled that:
• A decision on the retrospective planning application was deferred at the
Planning committee meeting on 315t July, which we understand was due
to Officer concern over legal issues on enforceability arising from the
recommendation.
• There is no obvious “joined- up” communication between what is
allowed on the licence and what is permitted under planning legislation.
As a Ward Panel we do feel that whilst the Police take the problems voiced by theresidents seriously, we have as yet to feel that reaction from the Council. This issuehas been on our agenda for the last few meetings and has still to be resolved afteralmost two years. We understand the issue of reducing resources and the pressuresofficers are under but the apparent lack of any urgency from the Council Includingthe planning office to address what is clearly activity giving rise to serious andtherefore ‘demonstrable’ harm does not inspire confidence that it is fullyappreciative of the problem and therefore aware of the necessity to protect theresidents’ amenities.Residents’ lives are being made intolerable and the quality of their home life isbeing seriously eroded. I have to emphasise to you that this is not just one residentmaking the complaint but several from all ages and ethnicities. This is somethingthat needs to be resolved. I am therefore formally requesting, on behalf of the panel,to set up a meeting with representatives from Planning, Environmental Health,Licensing Department and the local Police, our local Councillors and the residentsof Verdant lane, Wellmeadow Road and other adversely affected occupiers.I would be grateful for a positive response regarding the requested meeting.Kate RichardsonChair, Catford Sotith SNT Ward Panel10th October 2014
In support of the Planning anomalies referred to I add my own evidence: When I visited Aces“undercover”, in the early part of a Friday evening in August I saw ongoing buildingpreparations for what to me looked very like a ‘function’ room behind the semi-open part ofthe bar to the property’s rear. Perhaps this is where the loud music mentioned in the letter iscoming from. Are the new licensing conditions stated earlier this year and planning conditionsactually being followed?
I am aware that a number of residents on the Whitefoot Ward side of Verdant Lane also sharethe concerns and anger of the above complaints, on whose behalf I also move this request fora review of the Licence.
Because of the above actions, the Licensee is heightening, not preventing PublicNuisance. If proven to be in excess of maximum persons’ capacity from the CCTVrecords, the Licensee is endangering Public Safety and lowering the threshold forcrime and disorder.
Public disorder has been witnessed by local people through the sheer loudness andquantity of clients leaving the premises at very late hours in breach of the conditions,on a regular basis at week-ends. Aces Wine Bar is moving in the opposite directionfrom all three of the Licensing Objectives which it is supposed to support.
Please provide as much information as possible to support the application(please read guidance note 3)
Please see above.
Please tick v’ yesHave you made an application for review relating to the Nopremises before
If yes please state the date of that application Day Month YearH’HHH’lH
If you have made representations before relating to the premises please statewhat they were and when you made them
Please tick v’ yes
• I have sent copies of this form and enclosures to the responsible XTauthorities and the premises licence holder or club holding the clubpremises certificate, as appropriate
• I understand that if I do not comply with the above requirements Xmy application will be rejected
IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ONTHE STANDARD SCALE, UNDER SECTiON 158 OF THE LICENSING ACT 2003TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THISAPPLICATION
Part 3 — Signatures (please read guidance note 4)
Signature of applicant or applicant’s solicitor or other duly authorised agent(please read guidance note 5). If signing on behalf of the applicant please statein what capacity.
tue
CIIr
Mark Ingleby
Date j cDecember 5th 2014 Y
CapacityCouncillor, Whitefoot Ward, London Borough of Lewisham
Contact name (where not previously given) and postal address forcorrespondence associated with this application (please read guidance note 6)
Post town Post Code
Telephone number (if any) —
If you would prefer us to correspond with you using an e-mail address your email address (optional)
As a responsible authority the Metropolitan Police is writing to support the application
for a summary license review of Aces Bar & Restaurant in relation to the following
objectives within the Licensing Act 2003:
The Prevention of Crime & DisorderPublic SafetyThe Prevention of Public nuisance
The Restaurant has come to the notice of Lewisham Police on several occasions
over the past 12 months, the most notable of which was a serious assault which
occurred on 2nd March 2014.During the incident five people were assaulted receiving injuries to the head andbody consistent with being stabbed or ‘glassed’ with broken bottles and/or knives.
Seven people have been charged to attend court with regards to the incident, one ofwhich was the DPS at the time, two others were sons of the DPS all of whom wereworking within the restaurant at the time.After an expedited license review the DPS was changed to a family member, the
previous DPS still works and manages the venue.
Numerous calls have been received from local residents regarding noise from the
venue, especially during the early hours. Most of the noise complaints have been
referred to Lewisham Council’s Noise Team’s.Numerous complaints have also been received from local residents during local wardpanel meetings regarding noise nuisance.
TOTAL POLICING
During a recent visit by the Police at 2300hrs on a Friday it was identified andhighlighted to the manager, Mt Nazran that there appeared to be no food available asstated in Annex 2 of the Licensing conditions.It was explained to Police that there was no requirement for food by customers at thistime of night.
It is apparent that the Restaurant is operating solely as a bar with entertainment lateat night during the weekend. As it is located within a residential area this has beenthe source of the noise nuisance.Due to the nuisance a Closure Notice was issued on 19th December2014.
On 29th December an un-opposed Closure Order was issued by the court (attached).The conditions imposed by the court were:
• Closure of the Conservatory, Rear Garden & Out-buildings• A member of staff in the front porch of the premises• All music played through a noise limiter
Up to the date of this letter I am unaware of any further noise complaints sinceimplementation of the above conditions.
To continue to ensure the licensing objectives are met and due to the aboveconditions being implemented by the court, it is the recommendation of the MPS thatthe following licensing conditions be included on the premises license:
• Closure of the Conservatory, Rear Garden & Out-buildings from 2100 hrs• Alcohol only to be served with a substantial meal• Removal of ‘Off premises sales’• SIA registered door supervision En, Sat & Sun from 1900 (the condition
imposed by the court where a staff member is in the porch is a LicensableActivity and requires SIA registration)
• The sale of alcohol, regulated entertainment & late night refreshment to finishat 0000 hrs
• No promotions of alcohol (Happy hours, 2-4-1 etc...)• Patrons permitted to temporarily leave and then re-enter the premises, e.g. to
smoke, shall be limited to 2 persons at any one time.
Yours sincerely,
Matthew McGrath
D
Closure Order(Anti-Social Behaviour, Crime and Policing Act 2014 -
Part 4, Chapter 3, Section 80)
nsertcourt- (-Uc7’ Court
Sitting at - insert address -
*CtLT c.ScE (Code
L>0f e2c’
Date:
Address:
On application of (name I rank) of the Metropolitan Police Service:
Name of Applicant Authority: Metropolitan Police Service
Address of Applicant Authority:
c S(ir/
I+ %r J/ s2
This court is satisfied that (tick the relevant box):
(a) a person has engaged, or (if the order is not made) I likely to engge,
in disorderly, offensive or criminal behaviour on the premises, or
(b) the use of the premises has resulted, or (if the order is not made) is
likely to result, in serious nuisance to members of the public, or
(c) there has been, or (if the order is not made) is likely to be, disorder near
those premisesassociated with the use of those premises, V
and that the order is necessary to prevent the behaviour, nuisance or disorder
from continuing, recurring or occurring.
2.
Accordingly, a Closure Order is made, pursuant to Section 80 of the Anti
Social Behaviour, Crime and Policing Act 2014, in respect of the address
specified above
A Closure Order is an order prohibiting access to the premises for a periodspecified in the order
This Closure Order prohibits access by all persons (except those specified orthose of a specified description) at all times (unless specified) in allcircumstances (unless specified), for a period of (maximum of three months)
starting at (timeldate)... t(’ and ending at...(time/date) j fct (zS
Subject to the following exceptions: -
S itt)c (-) ‘‘EC C)(
j?A/1 i)J o-5tS
C C),’— rz C) SA person who without reasonable excuse remains on or enters premises incontravention of a Closure Order commits an offence under section 86 of theAnti-social Behaviour, Crime and Policing Act 2014, liable on summaryconviction to imprisonment not exceeding 51 weeks and I or an unlimited fine.
If this Closure Order relates to licensed premises in respect of which apremises licence is in force, then the Court shall notify the relevant licensingauthority that a Closure Order has been issued - section 167 of the LicensingAct 2003, refers. (delete if not applicable)
District
[By order of the clerk of the court] Date: 2J(f\ — Poct-(
Th-E f-,-‘rR,-)c) T 2i7c j1
ccp,’i. To CLOS11’)á.
Co5 IS O( Jt/
Index
Documents1 Form 121 - Consultation Document for a Premises Closure
Notice2 Form 121A - Closure Notice3 EAB Statement of PC Jamie LAYTON 208PL (Serving Officer)
4 Exhibit JTL/1 - Notice of Intended Closure
5 Copy of LicenceStatements and Evidence
6 Anita BRAY, EHO7 Amanda NICHOLLS, EHO8 GaryMADIGAN,EEO9 Lisa HOOPER, Community Safety Unit
10 PC Andy READING 995PL11 Residents Statements & Complaints 1-11
12 Councillor Mark INGLEBY13 Police Sergeant Matt MCGRATH 8PL
Correspondence19 Letter re ASB & Noise Nuisance (Dec14)
20 Noise Abatement Letters21 Form 693 - App for Summary Licence Review (Mar 13)
22 Expedited Review Letter (Mar 13)
23 GBH Police Statement (Mar 13)
C
IN THE BROMLEY MAGISTRATES COURT
IN THE MATTER OF THE ANTI-SOCIAL BEHAVIOUR
CRIME AND POLICING ACT 2014
AND IN THE MATTER OF AN APPLICATION FOR A CLOSURE ORDER
IN RESPECT OF ACES BAR AND RESTAURANT. 8$, VERDANT LANE,
CATFORD
BETWEENTHE COMMISSIONER OF POLICE
OF THE METROPOLISApplicant
And
Proprietors of ACES BAR, 8$ VERDANT LANE,
CATFORD, LONDON, SE6 1LFRespondent
Hearsay notice
TAKE NOTICE that at the hearing of the application for a closure order, the applicant
intends to rely on hearsay evidence pursuant to the Civil Evidence Act 1995 and the
Magistrates Courts (Hearsay Evidence In Civil Proceedings) Rules 1999.
The evidence upon which the applicant intends to rely is listed below and has all been
served upon the respondents
1. Statements of
Anita BRAY PC READING 995PL
Amanda NICHOLLS Cur Mark INGLEBY
Gary MADIGAN PS MCGRATH 8PL
Lisa HOOPER All statements provided by residents
December2014
Metropolitan PoliceDirectorate of Legal ServicesNew Scotland YardBroadwayLondonSWIH OBG
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RESTRICTED
Consultation Document for a Premises Closure Notice
Anti-social Behaviour, Crime and Policing Act 2014 - Part 4, Chapter 3
Name:
Gender: Ethnic origin:
Are there any vulnerability or health issues or any dependent children?
Is the person known to social services?
If ‘yes’ please give details
Name: !DateofBlrth; ‘-
________
Gender: Ethnic odgin:
Are there any vulnerability or health issues or any dependent children?
Is the person known to social services?
If ‘yes’ please give details
Have the persons above been Informed of the intention to issue a Closure Notice at their address Yes LI No LI
METROPOliTANPOLICE
‘-p
TOTAL POLICING
Form 121
Details of premises
Address:
Status of Iprernises Local Authority Leaseholder LI Private Landlord LI
Not known LI
Aces Bar & Restaurant, 88 Verdant Lane, Cafford, SE6
Local Authority Tenancy LI Registered Social Landlord LI Owner occupied LI
Business
Name: Jane Walton ilephoxie No 020 8461 2231
Address: 9 Wellington Road, Walthamstow, London, El 7 6LS
Harjinder Singh Nazran Telephone No.:
I Address: 76 Coniston Road, Bromley, BR1 4JB
Have the of the4ntentlon to issue a Closure Notice atEthlraddress I Yes LI No LI
IName: Date .Of Birth:
—-__ -
Gender: thnio Origim
Are there any vulnerability or health issues or any dependent children?
Is the person known to social services?
If ‘yes’ please give details
1
RESTRICTED
ails of persons consulted
Name: Lisa Hooper Telephone No.:• 020 8314 6324
rganisation/ro.ie: Neighbourhood Community Safety Date consulted: 18.12.2014
Address: Lewisham Council, 23 Mercia Grove, Lewisham
I- ----—-..
___-
------w— -
Name: Telephone No.::
Organisatlonlrole -Date consulted
Organisationlrole
_____________
Date consulted
______
_____
-
______
vide details-ofantheraction taken by partneragencles to deal with the Issues at this address
Lesham Council Noise Team
Is there reasonable grounds to bésatisfied hatthtcthe use of premises has resulted, or (if the notice Is not
• issued) is likely soon to result, in nuisance td ñieñ Iers of the public; OR V
That there has been, or (if the notice is notlssuod)ISiikely soon to be, disorder near those premises assoiated
with the use of those premises; AND ..V
V
•That the notice-Is, necessary to prevent the nuisance or.dlsorder from continuing, recurring or occurring. -. -
YES LI NO LIThe bar has been opened with planning permission for a restaurant, has obtained a licence as a restaurant, has been
involved in serious disorder, has caused nuisance by noise and behaviour which has driven people from their homes and
reduced them to tears. The owners have shown a total disregard for their neighbours and a closure will give them reprieve
from the constant problems caused by the premises. It will also send a message to the local community that serious
3ance and disorder will not be tolerated. The Closure Order if granted will give assurance to the community that the
dice and Council will work in partnership and use powers that will ensure that the neighbourhood can return to a state of
nor 9lity.V
-.. . .. .
After consultation, Is there agreement fora Closure Notice to be served? a
YES I NO LIIf ‘no’ - give brief summary of objections and alternative options
Lead Police Officer
•NamelRank: PS 8 McGrath z7
$ignature: V
19th December 2014
eIRank: PC 995PL Reading V
sIDate:
, 19th December2014
Address:.1 V
Name:
2
t.
N)
METROPOLITANPOLICE
NOT PROTECTIVELY MARKED
Form I 21A
TOTAL POLICING
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014PART 4, CHAPTER 3
Re: Aces Bar & Restaurant, 88 Verdant Lane, Cafford, SE6
Having reasonable grounds to be satisfied that:(a) the use of these premises has resulted, or (if the Notice is not issued) is likely soon to result, in nuisance
to members of the public, or(b) that there has been, or (if the Notice is not issued) is likely soon to be disorder near those premises
associated with the use of those premises, and(c) that the Closure Notice is necessary to prevent the nuisance or disorder from continuing, recurring or
occurring; and(U) all appropriate persons I bodies have been consulted; and(e) reasonable efforts have been made to inform people who live on the premises (habitually or not), and any
person who has control of, or responsibility for, the premises or who has an interest in them, that the Notice is
going to be issued.I, Dave Hawtin Inspector I Suporintendont, Metropolitan Police, hereby authorise the issue of this Closure
Notice under Part 4, Chapter 3, Section 76 of the Anti-Social Behaviour, Crime and Policing Act 2014, in
respect of the Premises specified above.
____________________________ __________________
11 +
______
IlL?The effect of this Closure Notice is that:
accessing this Premises is hereby PROHIBITED for any persons other than those who habitually
reside in the Premises or the owner of the Premises, or those specified below, for a period of up to
24148 hours starting at 1800 hours, on 19.12.2014 and ending at 1800 hours, on 20.12.2014 — subject to
the following exceptions:
An application for a Closure Order will be made under Part 4, Chapter 3, section 80 of the Anti-Social
Behaviour, Crime and Policing Act 2014 for the closure of the Premises specified above.
To be heard at Bromley Magistrates Court on 20.12.2014 at 1000 hours, when evidence for the issue of a
Closure Order will be considered.
A Closure Order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, would have the
effect of closing the premises to all persons for a specified period (not exceeding three months).
A person who without reasonable excuse remains on or enters premises in contravention of a closure notice
commits an offence under section 86 of the Anti-social Behaviour, Crime and Policing Act 2014, liable on
summary conviction to a maximum of three months’ imprisonment and I or an unlimited fine.
A person who without reasonable excuse remains on or enters premises in contravention of a closure order
commits an offence uqder section 86 of the Anti-social Behaviour, Crime and Policing Act 2014, liable on
summary conviction to rnprisonment not exceeding 51 weeks and / or an unlimited fine.
Advice relating to this Notice and housing and legal matters generally can be obtained from any firm of
solicitors or from the Citizens’ Advice Bureau (Tel. 0844 826 9691 ). With this notice is a list of additional local
service providers who may be able to assist with further advice.
Licensed Premises - if this Notice relates to licensed premises and a Closure Order is successfully obtained
at magistrates’ court in relation to the premises, then the relevant licensing authority will be informed, who will
then instigate a review of the premises license - section 167 of the Licensing Act 2003, refers.