Agenda item

There was a short comfort break from 12.40pm until 12.46pm.

The licensing officer presented their report. The licensing officer advised that the responsible authorities and one local resident had withdrawn their representations, following conciliation with the applicant. Members had 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 was given up to five minutes for summing up.

The meeting adjourned at 1.25pm for the sub-committee to consider its decision.

The meeting reconvened at 1.30pm.  Members had additional questions for the applicant and their legal representative.

The meeting adjourned at 1.45pm for the sub-committee to further consider its decision.

The meeting reconvened at 2.03pm and the chair advised everyone of the decision.

RESOLVED:

That the application made by Masq London Limited, for a premises licence to be granted under s.17 of the Licensing Act 2003 in respect of the premises known as, Ground & Basement Floors, 201 Tooley Street, London, SE1 2JX is granted as follows:

Hours

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 Southwark Licensing Unit during the conciliation process.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee was advised by the principal licensing officer that through conciliation, all representations made by the Metropolitan Police Service and the licensing unit had been withdrawn after conditions had been agreed between the parties.  A resident also formally withdrawn their representations when advised of the conditions reached through conciliation.

The licensing sub-committee was told there were two outstanding objections from two local residents which had not been formally withdrawn. The licensing sub-committee were informed that both residents wanted the operation times to comply with the existing planning regulations which would mean that Masq would close by 23:30 on weekdays, midnight on Saturdays and 23:00 on Sundays and bank holidays. Both residents went on to suggest that an additional venue serving alcohol in the area, would contribute to the public nuisance.  One of the resident’s informed that they wanted the licensing sub-committee to take their representations into consideration, as they were unable to attend the meeting. 

The licensing sub-committee heard from the legal representative for the applicant who advised that the application was for a new premises licence for Masq Limited, which will occupy the Ground & Basement Floors, 201 Tooley Street, London SE1 2JX. The legal representative went on to confirm that the applicant, Mr. Jegede would be the designated premises supervisor (DPS) and co-owner of Masq.  It was explained that Masq would primarily operate as a bar and the basement and ground floors would be converted into a restaurant which would serve bar food, therefore the application was also for the provision of late night refreshment, alcohol and live music.

The legal representative stated the operational hours were conciliated save for the residents objections.  The operational hours applied for were in line with other bars in the area and the council’s statement of licensing policy. The legal representative added that hours were greatly reduced during conciliation and that the longer hours requested related to three public holiday days over the Christmas and New Year period.

The legal representative suggested that concerns raised by resident had been met through conciliation and was evidence by the significantly reduced hours now requested in the application. The applicant provided further information regarding the premises to the licensing sub-committee.

The licensing sub-committee had regards to the council’s statement of licensing policy 2019-2011 and was satisfied that the operational hours agreed upon through conciliation were compliant with the policy.

The licensing sub-committee formed the view that the residents’ concerns had been met during conciliation and did not agree that the operational hours over the Christmas and New Year period requested by the applicant; should replicate the existing planning permission as planning and licensing were two separate regimes.  The licensing sub-committee took the view the nonstandard timings were reasonable and proportionate in the circumstances.  On that basis, the licensing sub-committee granted the premises licence based on the conciliated terms.

The licensing sub-committee went on to say it expected Masq Limited to adhere to The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020.  The London Borough of Southwark has declared a climate emergency and would therefore expect that businesses refrain from using single use plastics. The applicant agreed to not use single use plastics wherever possible.

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.