Agenda item

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

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

The environmental protection officer addresssed the sub-committee.  Members had questions for the applicant and his representative.

The representative from Bankside House, addressed the sub-committee regarding his objections to the application.  Members had questions for the general manager.

Councillor Adele Morris, the ward councillor addressed the sub-committee.  Members had questions for the ward councillor.

The sub-committee went into closed session at 3.15pm.

The sub-committee resumed at 3.55pm and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Del Aziz Limited to vary the premises licence issued in respect of the premises known as Cafe Del Aziz, 5 Canvey Street, London, SE0 0YY be granted as follows:

Conditions

The following additional conditions, in  addition to all mandatory conditions shall apply:

1)  That no entry or re-entry to the premises by patrons [save for that of smokers] be permitted after 03.00 and that signs be exhibited outside the premises to this effect

2)  Customers shall use no outside area after 23.00 other than those who temporarily leave the premises to smoke a cigarette and no more than 5 people at one any time.

3)  No drinks shall be taken out to any outside area after 23.00.

4)  After 23.00 intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such person as an ancillary to his meal.

5)  A personal licence holder will be on the premises at all times after 23.00 and intoxicating liquor is being offered for sale.

6)  That suitable notices shall be displayed and announcements made requesting people to leave the premises in a quiet and orderly manner so as not to disturb local residents.

7)  That all outside furniture will be packed up in a quiet and orderly fashion and then covered with a canvas by 23.30.

8)  That there be no private functions after the hour of 23.00.

9)  That no more than 150 patrons be accommodated in the premises at any one time.

10)  That crime and prevention notices be used to provide relevant crime prevention information to customers as deemed appropriate by management in consultation with the police.

11)  That the details of the premises opening and closing times be clearly displayed upon the premises for the information of customers.

12)  That no open containers may be removed from the premises and signs shall be exhibited to this effect.

13)  That stocks of alcohol and tobacco shall only be sourced from authorised or bona-fide suppliers.

14)  That no counterfeit products, such as alcohol, tobacco products, DVDs, CDs and other goods may be supplied from the premises either by the staff or hawkers, entering for that purpose.

15)  That all regulated entertainment activity be removed from the licence.

Reasons

This was an application by Del Aziz Limited to vary the premises licence issued in respect of the premises known as Cafe Del Aziz, 5 Canvey Street, London, SE0 0YY.

The licensing sub-committee heard from the applicant who advised that Café Del Aziz at 5 Canvey street was one of five premises within the Café Del Aziz business, which had been operating for 10 years.  Ultimately the applicant sought a 24 hour restaurant and wished to attract a customer base that worked within the leisure industry, key workers and those working shifts who did not finish their employment until the early hours of the morning.  This was not an alcohol lead venue and the service of alcohol was ancillary to the sale of food with a sit down meal.  The extension would produce a trickle of additional customers and it was not foreseen that there would be more than 50 covers during this extra time.  During the course of the applicant’s presentation, additional conditions were offered to address the crime and disorder and public nuisance set out in Southwark’s statement of licensing policy 2011-14. 

The licensing sub-committee heard from the environmental protection officer who stated that his representation was reflective of the applicant’s bland variation application in that the application did not address issues that the proposed extension would attract nor did it address the saturation policy . The officer advised the sub-committee that there had been no direct conciliation, however, the conciliation with the police went some way to address the public nuisance concerns.  The officer recommended certain other proposals (as detailed in the conditions above) and that such conditions were for the prevention of public nuisance.

The licensing sub-committee heard from the representative from Bankside House, LSE, who said that the west wall of Bankside House directly faced Café Del Aziz and that there was approximately 10 metres between the two premises.  Students at Bankside House were already experiencing noise disturbance from late night premises on Canvey Street.  On being questioned about this, it was accepted by the representative that the disturbance was in fact from The Refinery and not from Café Del Aziz.  The representative stated that he had only had reasons to complain on one occasion about Café Del Aziz and this was during a Christmas party and when he complained the complaint was addressed immediately.

The licensing sub-committee heard from Councillor Morris, the ward councillor, who advised the sub-committee that Café Del Aziz had not undertaken any consultation with the local community.  The area in the vicinity of the premises was not designed for a late night economy.  She advised that the buildings on Canvey Street create an echo chamber sound box effect with the surrounding residential buildings, which amplifies all noise and there is no night time noise team that would address residents complaints.  The ward councillor asked that if the sub-committee were minded to grant the application, then tight enforceable conditions need to be imposed.

The sub-committee recognised that Café Del Aziz is not a nightclub.  It has agreed to remove all regulated entertainment and that the sale of alcohol is ancillary to the table meals.  Whilst the sub-committee recognised the concerns particularly of the ward councillor and local residents, they are perceived threats and will be addressed by the preventative conditions that this sub-committee have imposed.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives.

The licensing sub-committee considered that it was appropriate and proportionate to attach these conditions in order to address the licensing objectives.

The sub-committee wished to remind the local residents that they have the right to seek a review of the licence at any time should their concerns not be addressed.