Agenda item

The licensing officer explained that representations in the report from the Police and trading standards officers had been withdrawn with added conditions accepted by the applicant. This had followed a letter from the applicant offering concessions.

 

The applicant and his agent addressed the sub-committee. Members had questions for the applicant and his agent.

 

An objector present addressed the sub-committee. There were no questions from members to the objector.

 

The meeting went into closed session at 11.05am.

 

The meeting resumed at 11.45am. The chair did not read out the decision of the sub-committee as none of the parties were present.

 

RESOLVED:

 

That the application made by Zia Lucia 2 Ltd., for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Zia Lucia, 35-37 Tower Bridge Road, London SE1 4TL be granted as follows:

 

Licensable activity -

The supply of alcohol (for consumption on premises), shall be limited to Monday to Sunday from 11.00 to 22.30.

 

The provision of regulated entertainment in the form of recorded music (indoors), shall be limited to Monday to Sunday from 11.00 to 23.00

 

Opening hours, shall be limited to Monday to Sunday from 11.00 to 23.00.

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form, the conditions agreed with the Metropolitan Police Service and trading standards during the conciliation process and the following additional conditions agreed by the sub-committee:

 

1.  That intoxicating liquor shall not be sold or supplied on the premises otherwise than to person(s) eating food there and for consumption by such person(s) as ancillary to their meal.

 

2.  That customers and staff shall only use the outside area to the front of the premises to smoke a cigarette and no more than 5 people at any one time. No drinks shall leave the premises.

 

3.  That external waste handling, collections, deliveries and the cleaning of external areas shall only occur between the hours of 08.00 and 20.00.

 

4.  That no music will be played in the rear room.

 

5.  That the rear doors and windows shall remain closed at all times after 21.00 hours except in emergencies.

 

6.  The external courtyard will not be accessed after 21.00 hours except in emergencies.

 

7.  No customers are to access the external courtyard at any time except for emergencies.

 

8.  The applicant must sign the women’s safety charter, namely:

 

8.1 Prominently display high visibility posters in the venue which discourage harassment 

  and encourage reporting.

 

8.2 To take every report of harassment and sexual intimidation seriously and take

  appropriate action.

 

8.3 To take active steps to support persons who report harassment or sexual

  intimidation that might take place in their premises.

 

8.4 To train all front of house staff to address women’s safety and harassment.

 

8.5 To take active steps to ensure women leave the venue safely.

 

Reasons

 

The applicant addressed the sub-committee and advised that the proposed business would be a high class restaurant selling pizzas. Premises are on the ground floor of a property onto Tower Bridge Road. The premises are open plan with a closed kitchen in the middle of the floor plan. There are residential premises both in the building in which the restaurant operates and in the immediate vicinity. The applicant advised that they were extremely conscious of the local residents and the need not to disturb them, it was for this reason that they had conciliated with responsible authorities. The applicant advised that they were agreeable to additional conditions being added to the premises licence.

 

The licensing sub-committee heard from local resident (party F) objecting to the application who advised that the area where the premises were located are entirely residential. The applicant had advised that the premises could accommodate 80 persons, and in the resident’s view, this was a large premises. The bedroom in the resident’s property was approximately 15 feet away from the premises and as such, would have a big impact on him and his family’s lives. Whilst the resident did not have any objection to a restaurant operating at the premises, it was felt the premises in its current application would undermine the licensing objectives, in particular the prevention of public nuisance: local residents would be disturbed by music being played between 11.00 and 23.00 hours each day, music would be audible through the doors and windows and the use of the external courtyard would affect the quality of sleep.

 

It was noted that the police and trading standards had conciliated their objections with the

applicant.

 

The licensing sub-committee considered all of the oral and written representations before it and accepted that the concerns raised about the air-conditioning unit was a planning matter, the rest of the concerns could be conditioned, which was agreeable to the applicant.

 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

 

 

Appeal rights

 

The applicant may appeal against any decision:

 

a)  To impose conditions on the licence.

b)  To exclude licensable activity or refuse to specify a person as premises supervisor.

 

Any person who made relevant representations in relation to the application who desire to contend that:

 

a)  The licence ought not to be granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

 

may appeal against the decision.

 

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.