Agenda item

Licensing Act 2003: Aguila Restaurant, First Floor, Arch 147, Eagle Yard, Hampton Street, London SE1 6SP

Minutes:

The licensing officer presented their report. They advised that the responsible authorities had withdrawn their representations.

 

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

 

The licensing sub-committee noted the written representations from the local resident objectors.

 

The applicant’s representative was given up to five minutes for summing up.

 

The meeting adjourned at 12.45pm for the sub-committee to consider its decision.

 

The meeting reconvened at 1.06pm and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Jose Ernesto Mesa Santana for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known Aguila Restaurant, First Floor, Arch 147, Eagle Yard, Hampton Street, London, SE1 6SP be granted as follows:

 

·  The sale by retail of alcohol (on sales only)

 

o  Monday to Thursday: 10:00  to 22:00

o  Friday to Saturday: 10:00 to 00:30 the following day

o  Sunday: 10:00 to 23:30

 

·  Late Night Refreshment (indoors)

 

o  Friday to Saturday: 23:00 to 00:30 the following day

o  Sunday: 10:00 to 00.00

 

·  The provision of recorded music (indoors) – (unamplified)

 

o  Monday to Saturday: 23:00 to 01:00 the following day

o  Sunday: 23:00 to 00:00 the following day

 

·  Opening hours

 

o  Monday to Thursday: 10:00 to 00:00

o  Friday to Saturday: 10:00 to 01:00 the following day

o  Sunday: 10:00 to 00.00.

 

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, Planning and the Licensing Unit during the conciliation process and the following additional conditions agreed by the sub-committee:

 

1.  That external waste handling, collections, deliveries and the cleaning of external areas shall only occur between the hours of 08:00 and 20:00 hours.

 

2.  That the depositing of waste glass into external waste receptacles or the collection of waste glass shall not take place between 20:00 and 08:00 the following day.

 

3.  That a telephone number shall be prominently displayed and made available to residents.

 

Recommendations:

 

1.  That the premises shall not use single use plastics, where possible.

 

2.  That Aguila Restaurant and resident groups are encouraged to have an open dialogue between the two, to allow residents a forum to air their concerns regarding the licensed premises.

 

Reasons

 

The Licensing Sub-Committee was advised by the Licensing Officer that through the conciliation process, all representations made by the Metropolitan Police Service, Planning, and the Licensing Unit had been formally withdrawn.  The Responsible Authorities and Aguila Restaurant had been agreed to conditions being added to the license.

 

The Licensing Officer stated 10 residents had raised objections to the grant of the license and that none of those residents had informed him of their intention to attend the Licensing Meeting, but all had submitted written representations.

 

The Licensing Sub-Committee heard from Mr. Glen Lake who represented Aguila Restaurant. Mr. Lake confirmed Aguila Restaurant would like to work with the residents and open a dialogue with them.  He stated that Aguila Restaurant was eager to work with other traders and residents to introduce a form of pub/neighbourhood watch using CCTV in the surrounding streets to act as a deterrent to anti-social behaviour.  He outlined Aguila Restaurant’s dispersal policy which would use exit routes from the restaurant, which would reduce the impact on residents, of patrons leaving late at night.

 

Mr. Lake explained that the applicant, Mr. Jose Santana had another business venue close by and there have been no issues with that premises.  He confirmed that through the conciliation process, the capacity of Aguila Restaurant shall not exceed 36 persons and that rubbish and bottles collected for disposal, would not be disposed of between 20:00-08:00. 

 

Mr. Lake stated that ordinarily, most customers would be served alcoholic drinks with their meal however; there would be a limited capacity to buy a drink whilst waiting to be seated for their meal.  Mr. Lake said that customers would be actively encouraged to attend the Aguila Restaurant by public transport.  He said staff and the website would signpost customers to attend the restaurant by public transport.  Mr. Lake also confirmed that there would be a telephone number made available to residents so they could speak with Mr. Santana directly.

 

Mr. Lake agreed not to use single-use plastics wherever possible in response to the climate emergency declared by the London Borough of Southwark.

 

In essence, the representations from the residents concerned the high number of licensed premises that were already in the area, loud music being played by those licensed premises, anti-social behavior caused by the number of people visiting those licensed premises, the noise nuisance caused by patrons who failed to vacate venues quietly and the unusually late hours of opening requested by Aquila Restaurant and Aquila Restaurant’s failure to state its capacity in the application.

 

The Licensing Sub-Committee had sight of, and noted, the written representations made by all the residents and considered their objections.  The Licensing Sub-Committee formed the view that the fears outlined in the representations of the residents had been addressed by Aguila Restaurant who had agreed to reduce their operational hours, had implemented a dispersal plan to reduce noise and public nuisance which impacted on residents and was willing to open a dialogue with resident groups going forward.

 

In reaching this decision the Licensing 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.

 

Supporting documents: