Minutes:
The licensing officer addressed the sub-committee presenting their report. Members had no questions for the environmental protection officer.
The environmental protection officer presented the report, and informed the meeting of conditions which had been conciliated prior to the meeting commencing. Members had questions for the environmental protection officer.
The licensing officer representing the council as a responsible authority addressed the sub-committee. Members had questions for the environmental protection officer.
The health and safety officer addressed the sub-committee. Members did not have questions for the health and safety officer.
The meeting heard from an officer from the public health authority. Members did not have questions for the representative of the public health authority.
The meeting heard from other persons including the ward councillor. Members asked questions of the other person and the ward councillor.
The applicant and their legal representative addressed the sub-committee. Members had questions for the applicant and their representative.
All parties were given five minutes for summing up.
The meeting went into closed session at 2.35pm. Prior to going into closed session the chair informed the parties that they would be informed of the decision in writing.
RESOLVED:
That the Council’s licensing sub-committee, having considered an application made under Section 51 of the Licensing Act 2003 by Southwark Council’s environmental protection team (EPT) for a review of the premises licence issued in respect of the premises known as EV Restaurant, 97-99 Isabella Street, London SE1 8DA and also having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to:
Modify the times of operation so they are in line with those granted under the planning process:
That the licence permits the following licensable activities during the hours shown:
· Live music Monday to Wednesday 12:00 – 23:00 Thursday 12:00 – 23:30 Friday and Saturday 12:00 - 00:00 Sunday 12:00 – 22:30
· Recorded music Monday to Wednesday 12:00 – 23:00 Thursday 12:00 – 23:30 Friday and Saturday 12:00 - 00:00 Sunday 12:00 – 22:30
· Late Night Refreshment Thursday 23:00 – 23:30 Friday and Saturday 23:00 - 00:00
· Sale of alcohol (on & off premises) Monday to Wednesday 12:00 – 23:00 Thursday 12:00 – 23:30 Friday and Saturday 12:00 - 00:00 Sunday 12:00 - 22:30
· Operating hours of the premises Monday to Wednesday 12:00 – 23:30 Thursday 12:00 – 00:00 Friday and Saturday 12:00 - 00:30 Sunday 12:00 - 23:00
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Modify the conditions of the licence by adding the following conditions:
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In addition, members agreed that following this review of the premises licence the suspension of the conditions relating to the provision of live or recorded music is lifted under section 177A(3) of the Licensing Act 2003 and all the conditions imposed as a result of this review shall apply under section 177A(4).
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Modify the conditions of the licence by removing the following conditions:
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Reasons for the decision
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The reasons for this decision are as follows: |
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The licensing sub-committee heard from the environmental protection officer, the applicant for the review, who outlined that this review had been brought because of the complaints made by residents regarding noise levels caused by patrons and music emanating from the premises; the management of patrons spilling out into Isabella Street; and the premises’ failure to respond to and implement advice from the environmental protection team (EPT). Many of the amended conditions suggested by the EPT had been conciliated prior to the meeting. |
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The licensing sub-committee heard from the licensing officer representing the council as a responsible authority that two door supervisors on Isabella Street (shared with the premises occupying the neighbouring arches) were needed to control the patrons leaving the premises. These should be operating all year round on Thursday, Friday and Saturday nights. He supported the conditions suggested by the EPT regarding the restriction of times for live and recorded music, and restricting the number of people allowed outside the premises at any time to control the noise. He also supported the introduction of a dispersal policy. |
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The licensing sub-committee heard from the health and safety officer supporting the review, who added that he would like to see measures implemented to decrease noise pollution. He also suggested a risk assessment be carried out to determine the safe occupation level of the outside area.
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The licensing sub-committee heard from the public health authority representative supporting the review and highlighting the detrimental effects constant noise pollution may have on the health and well-being residents.
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The licensing sub-committee heard from other persons supporting the review, who informed the meeting that residents were exposed to constant noise levels of sometimes more than 300 people congregating in Isabella Street - at times from 5pm to 3am. There was also anti-social behaviour especially when patrons left, as well as broken glass, discarded bottles and rubbish strewn around the street and the wider area. Normal outside restaurant use also created a lot of noise. The residents asked for: SIA officers to be deployed in Isabella Street on Thursday, Friday and Saturday nights; times for licensable activities to be brought in line with those granted by the planning authority; for noise lobbies to be installed; for no alcohol to be served without food; and for no DJs to be playing. They suggested that outside dining and drinking should cease at 22:00, and that not more than 10 smokers should be permitted to be outside at the front of the premises at any given time. |
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The licensing sub-committee heard from the premises who said that they were keen to address the issues raised. They said that the noise problem did not originate from their outside diners and that they would like to use the outside dining area longer than 22:00. Theirs was a large premises, so they would like a higher limit of smokers permitted outside. In order to be proportionate, SIA officers were only needed from July to September and 15 December to 10 January. |
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Whilst the licensing sub-committee were pleased that the premises had largely conciliated with the responsible authorities, the local residents and ward councillor had serious concerns that public nuisance would continue in the area. The review application was one of 3 that had been brought by the EPT with 2 other neighbouring licensed premises namely Jack’s Bar and Thai Silk and therefore, the sub-committee had to consider very carefully the complaints as against EV in addition to the wider cumulative impact that all 3-licenced premises had on the local community. The licensing sub-committee noted the hours detailed in the planning permission 03/AP/0081 that were imposed to protect and safeguard the amenity of the nearby residents from noise generation. This licensing sub-committee agree that these hours need to be reflected in the premises licence so not to undermine the prevention of public nuisance licensing objective. Furthermore, the licences to all 3 of the premises need to be brought into line with one another which would, address the local community’s concerns.
In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and felt that this decision was appropriate and proportionate in order to address the licensing objectives.
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Supporting documents: