Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

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

The Metropolitan Police Service representative addressed the sub-committee.  Members had questions for the police representative.

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had questions for the licensing officer.

All parties were given five minutes for summing up.

The meeting adjourned at 2.55pm for the members to consider their decision.

The meeting resumed at 3.02pm and the chair advised all parties of the sub-committee’s decision.

RESOLVED:

That the application made by Tim McTigue for a premises licence to be granted under s.17 of the Licensing Act 2003 in respect of the premises known as ZolaBaggios, 57-59 Camberwell Road, London SE5 0EZ be granted as follows:

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 trading standards authority during the conciliation process and the following conditions agreed by the licensing sub-committee:

1.  That the accommodation limit for the premises shall not exceed 150 people (including staff).

2.  That the written dispersal policy shall be retained at the premises and made available for inspection by authorised officers/or the police upon request.

3.  That all relevant staff shall be trained in the implementation of the dispersal policy.

4.  That clear signage shall be prominently displayed, where it can be easily seen and read , requesting that customers leave the area in a quiet and orderly manner.

5.  That at least one SIA registered door supervisor will be engaged on Friday and Saturday nights.  They will be employed from 21:00 until the end of business and all patrons have vacated the premises.  They will be engaged to monitor admission and re-admission to the premises, security and dealing with conflict.

6.  That there shall be no more than five smokers outside at any time after 21:00.

7.  That the internal fire escape to the basement must be blocked prior to opening.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant who advised that the premises would be a retro 1990’s Italian bar/restaurant selling large slices of pizza as well as a good range of Italian craft beers, wines and spirits.  The bar will be a relaxed bar playing background music and would have a 50/50 ratio as an eatery and bar. The applicant saw the venture as being a benefit to the local area and would have no negative impact to the licensing objectives.

The licensing sub-committee heard from the Metropolitan Police Service who concerns relate to a second premises operating at the same address (Southbank Nightclub), in the basement. In discussion with the applicant prior to the meeting, it was agreed that the internal fire escape would be blocked prior to the premises opening.  The Metropolitan Police also objected to the hours of operation, which exceeded Southwark’s statement of licensing policy.

The licensing sub-committee heard from the licensing officer in their role as responsible authority, who also objected to grant of the hours sought by the applicant as they exceeded those in Southwark’s statement of licensing policy.

The licensing sub-committee noted the representation from the council’s public health team concerning the hours that alcohol is available.

The licensing sub-committee noted the representations from the two other persons, both from local residents in the immediate vicinity who raised concerns in relation to the current management of the club and do not treat this as an individual application.

The licensing sub-committee considered the application carefully and whilst the hours sought did exceed Southwark’s statement of licensing policy, a number of conditions had been agreed with the applicant, which would promote the licensing objectives.  For this reason, the sub-committee is agreeable to grant this premises licence, with a terminal hour beyond those recommended in the policy for a residential area.

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 a 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 been 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.