Agenda item

It was agreed by the sub-committee to hear item 6 before Item 5 to allow for both applicants to appear at the meeting.

The licensing officer presented her report to the sub-committee. The sub-committee were notified that appendix D2 had been omitted in error and would be circulated at the hearing.  Members had no questions for the officer.

The applicant, Mr Bennetts and his business partner, Mr Bolagun, addressed the sub-committee. Members had questions for the applicants. Local residents had questions for the applicants.

The environmental protection officer addressed the sub-committee but confirmed that hey had withdrawn their representation.

The local residents addressed the sub-committee. The local residents who could not attend sent their apologies via Mr & Mrs Nicholson. Members had questions for the local residents.  The applicants had questions for the local residents. The environmental protection officer had questions for the local residents.

All parties were given 5 minutes to sum up.

At 11.43 the sub-committee went into closed session.  At 12.20 the sub-committee resumed and the following decision was read out.

RESOLVED:

That the application by Richard Bennetts for the variation of the Premises Licence issued under the Licensing Act 2003 in respect of Wazobia Restaurant, 670 Old Kent Road, London, SE15 1JF is granted as follows:

Conditions

All appropriate mandatory conditions as defined by the Licensing Act 2003 (as amended); and

All existing conditions including conditions, 315 and 424 are to remain on the licence.

Reasons

The reasons for this decision are as follows:

In reaching its decision the licensing sub-committee considered the representations made by the applicant and the local residents including written representations. The licensing sub-committee noted that there had been a complaint of public nuisance in November 2009. The licensing sub-committee noted that the applicant had stated he did not intend to operate the premises as a club and that when the restaurant was busy there was no room for dancing. The licensing sub-committee concluded that the variation as granted above was necessary and proportionate to address the licensing objectives, in particular the prevention of crime & disorder and the promotion of public safety and the prevention of public nuisance.

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)  That variation ought not to have been made; 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 magistrate court for the petty sessions area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ chief executive for the magistrate’s 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.

The meeting closed at 1.45pm.