Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

 

It was noted that the Metropolitan Police Service and the environmental protection team had conciliated with the applicant prior to the meeting.

 

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

 

The other person objecting to the application addressed the sub-committee.  Members had questions for the other person.

 

The legal representative for the applicant had questions for the other person objecting.

 

The sub-committee noted the two further representations from other persons, who were not present.

 

Both parties were given up to five minutes for summing up.

 

The meeting adjourned at 11.22am for the sub-committee to consider

 

The meeting reconvened at 12.00pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by Diego Eduardo Zambrano Fernández for a premises licence to be varied under Section 34 of the Licensing Act 2003 in respect of the premises known as Mambo 190 Bar & Lounge, 190- 192 Old Kent Road, London SE1 5TY be granted (in part):

 

Hours

 

Opening hours of the premises	Friday and Saturday: 07:00 to 04:30
Recorded music – indoors	Friday and Saturday: 11:00 to 04:00
Performances of dance – indoors	Friday and Saturday: 11:00 to 04:00
Live and recorded music – indoors	Friday and Saturday: 11:00 to 04:00
Late night refreshment – indoors	Friday and Saturday: 23:00 to 03:00
Supply of alcohol (for consumption on the premises)	Friday and Saturday: 11:00 to 04:00

 

 

 

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 the environmental protection team, and the following additional conditions agreed by the sub-committee:

 

1.  That the personal telephone number for the premises management team shall be made available to residents.

 

2.  That two wardens wearing high visibility clothing shall be placed at Marcia Road from 00:00 until 30 minutes after closing.

 

Reasons

 

This was an application for the variation of the premises known as Mambo 190 Bar & Lounge, 190-192 Old Kent Road, London SE1 5TY.

 

The licensing sub-committee heard from the representative for the applicant who advised that the premises attracted the South American community who tended to go out late in the night. 

 

The premises had enjoyed the benefit of a premises licence since 2007.  In or around January 2023 the applicant applied to vary the premises licence to extend hours.  This application was withdrawn following consultation with the police who suggested it would be wise to submit temporary event notices (TENs) to demonstrate that the premises could be operated responsibly, demonstrating that the applicant could promote the licensing objectives.

 

Since this time, the applicant had operated 12 TENs from 03:00 until 06:00 or 07:00 on Fridays and Saturdays, all without incident.  The most recent TEN was on 11 November from 03:00 until 06:00, again passing without incident or complaint.  It was stressed that until the variation application had been submitted no complaints or concerns had been raised by any local residents, which included the hotel situated directly adjacent to the premises.

 

As a result of statutory consultation, the application had attracted representations from two of the responsible authorities: Metropolitan Police Service and the environmental protection team (EPT). There had also been three objections submitted by local residents.  Additional conditions had been agreed with the police and EPT and as a result, their representations had been withdrawn. The three resident objections remained outstanding.

 

The applicant’s representative informed the sub-committee that the concerns raised in the representations to the application concerned the applicant greatly. They advised that a number of steps had been taken to mitigate the impact the premises had on its neighbours.

 

They advised that the applicant had increased its security to four SIA door supervisors and an additional two wardens had been deployed in high visibility clothing at the entrance to Marcia Road (directly opposite to 190-192 Old Kent Road).  A comprehensive dispersal policy dealing with ingress and egress had been implemented. Substantial sound proofing had been undertaken at the premises that cost approximately £40,000 pounds. Included in this, an acoustic lobby had been constructed that would ensure there was no sound leakage with patrons entering/leaving the premises.

The licensing sub-committee heard from Other Person C, who objected to the licence.  Other Person C had experienced anti-social behaviour, fighting and criminal damage, all from the premises clientele. The applicant did not have any control over the noise from the premises’ patrons when they congregated outside the club throughout the night.  Fights of up to 30-40 of the premises’ customers had also been witnessed by Other Person C. This often spilled into Marcia Road, where patrons would drunkenly urinate in residents’ gardens.

 

The licensing sub-committee noted the representations from two other persons who were not in attendance at the hearing.

 

The licensing sub-committee noted the representations from the environmental protection team (EPT) and the Metropolitan Police Service, both of whom had conciliated their representations and were not in attendance at the hearing.

 

This was a variation application in respect of Mambo 190 Bar & Lounge, 190- 192 Old Kent Road, London SE1 5TY.  The premises licence has largely been in its current form since at 2007, pre-dating “recommended terminal hour rule” in Southwark’s statement of licensing policy 2018. For benefit of the Other Persons, the permitted licensable activities on the premises licence were not considered at this hearing. 

 

Other person C stated that a petition had been submitted, but due to the fact that it did not comply with the terms of the Licensing Act 2003, it could not be considered.

 

The sub-committee is of the view that the premises licence is now robust with the 28 conditions agreed with the Metropolitan Police Service and the EPT, and the additional conditions imposed by this sub-committee. These conditions will ensure that local residents are not disturbed by the operation of the premises. 

 

Because of the concern raised of patrons congregating on the streets, it was felt that the activities should at least be curbed on regular work/school nights for the benefit of the local residents.

 

In the unlikely event that residents should be disturbed, it is important that reports are made to the police for public order matters and to EPT in respect of noise issues.  Residents are also reminded that they have a right to call the premises licence in for a review when ultimately, the licensing sub-committee could revoke the premises licence. The residents are also reminded, that they have the right to appeal the decision at the Magistrates’ Court, the details of which are provided in this notice of decision.

 

In reaching this decision the sub-committee had regard to all the relevant considerations, the four licensing objectives and the public sector equality duty and determined that this decision was appropriate and proportionate.

 

Appeal rights

 

The applicant may appeal against any decision to modify the conditions of the licence; and:

 

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

 

a)  The variation ought not to be been granted; or

b)  That, when varying the licence, the licensing authority ought not to have modified the conditions of 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.