Agenda item

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

The applicant and their legal representative addressed the sub-committee.  Members had questions for the applicant and their legal representative.

The applicant and their legal representative were given five minutes for summing up.

The meeting adjourned at 10.35am for the sub-committee to consider its decision.

The meeting reconvened at 10.38am and the chair advised all parties of the decision.

RESOLVED:

That the application made by Radnor Properties Ltd for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Radnor Properties Ltd be granted as follows:

Recorded music

o  Sunday to Thursday from 23:00 to 23:30 

o  Friday and Saturday from 23:00 to 00:30 the following day

Late night refreshment

o  Sunday to Thursday from 23:00 to 23:30 

o  Friday and Saturday from 23:00 to 00:30 the following day

Sale of alcohol to be consumed on the premises

o  Sunday to Thursday from 11:00 to 23:30 

o  Friday and Saturday from 11:00 to 00:30 the following day

Opening hours

o  Sunday to Thursday from 08:00 to 00:00 (midnight)

o  Friday and Saturday from 08:00 to 01:00 the following day.

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, any conditions derived from the operating schedule in Section M of the application and the conditions agreed with the police during the conciliation process.

Reasons

The reasons for the decision are as follows:

The Sub-Committee heard from the licensing officer who was able to provide a copy of correspondence that had been sent out to each of the individuals who had submitted representations. 

In their submissions to the sub-committee, the Applicant was able to provide further information to support the application, specifically setting out the experience of the applicant, but most pertinently the operators of the restaurant.  It was explained that both operators had personal licences and had experience running a number of premises previously. 

As the representations put forward by the responsible authorities were conciliated before the meeting, the applicant focused their submissions on addressing the concerns raised by the local residents.  Whilst none of the residents were in attendance, the written representations were directly addressed.  It was noted that four representations raised concerns relating to crime and disorder that may arise from excessive alcohol consumption, public nuisance caused by waste and noise that may arise from the operation of a premises with a licence and protection of children from harm.  It was also noted that a further two representations were in support of the application. 

In addressing the raised concerns, the applicant first made it clear that the premises would be a restaurant, this was reinforced by the fact that the suite of conditions limiting its use to that of a restaurant, most pertinently that any alcohol would only be supplied ancillary to a main meal.  This was further reinforced by the fact that there will only be seated table service and as such, many of the representations put forward in the written representations that objected to a bar or night club would not actually apply.

The applicant explained that the restaurant would celebrate the culture of Peckham and would serve a fusion of English, African and Caribbean food.  They would make use of locally sourced products and would support the local people by making the basement available for local community events. 

It was explained to the sub-committee by the representative for the applicant, that this application was exempt from the Peckham cumulative impact area as this does not apply to restaurants.  It was also explained that the application was for hours recommended within the licensing policy for restaurants within a town centre. 

The sub-committee had regard to the submission that the applicant had a vested interest to ensure that any concerns raised by the local residents were allayed as they would be the customers.  The sub-committee were of the view that the applicant had made concerted efforts to make contact with the residents and were furthermore reassured by their undertaking to provide a contact number for any concerns that may arise by the running of the premises.  In considering the licensing policy and the conciliated conditions the sub-committee felt that any concerns that they may have had regarding the licensing objectives had been allayed and granted the application.

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.