Agenda item

The licensing officer presented their report.  They advised that the police, environmental protection team, the public health authority and licensing as a responsible authority had all conciliated with the applicant and that the applicant and trading standards had agreed on a final condition relating to the hours that children would be allowed on the premises.

The applicant’s agent addressed the sub-committee.  Members had questions for the applicant’s agent.

The trading standards officer addressed the sub-committee.  Members had no questions for the trading standards officer.

Both parties were given five minutes for summing up.

The meeting went into closed session at 10.46am.

The meeting resumed at 11.37am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Mr Carlos Fernando Delgado Armijos for a variation of a premises licence issued under the Licensing Act 2003 in respect of Tropical 186-188 Old Kent Road, London SE1 5TY is granted as follows:

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 and the conditions agreed between the applicant and the responsible authorities during the conciliation process and the following additional condition:

1.  That children shall only be allowed on the premises until 22.00 on Sunday to Thursday and up until 00.30 on Saturday and Sunday.

Reasons

The licensing officer informed the sub-committee that the police, environmental protection team, the public health authority and licensing as a responsible authority had all conciliated with the applicant and that the applicant and trading standards had agreed on a final condition relating to the hours that children would be allowed on the premises (as listed above).

The licensing sub-committee heard evidence from the applicant’s agent who stated that the premises would operate as a family restaurant and assured the sub-committee that the applicant would endeavour to demonstrate that they can operate the premises in a responsible manner and in accordance with the licensing objectives. 

The trading standards officer addressed the sub-committee and confirmed that their concerns were satisfied with the reduction in hours now sought and the additional condition addressing the licensing objective of protecting children from harm.

The sub-committee were satisfied that the conditions agreed during conciliation and the reduction in hours sought would enable the premises to operate in accordance with the licensing objectives.

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.