Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

The applicants and their agent addressed the sub-committee.  Members had questions for the applicants and their agent.

 

The Metropolitan Police Service officer addressed the sub-committee.  Members had no questions for the police officer.

 

The licensing responsible authority officer addressed the sub-committee.  Members had questions for the licensing responsible authority officer.

 

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

 

The meeting adjourned at 11.56am for a comfort break.  The meeting reconvened at 12.01pm

 

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

 

The meeting adjourned at 12.06pm for the sub-committee to consider its decision.

 

The meeting reconvened at 1.17pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by Mr Santos Mario De La Paz Perez for a premises licence to be granted under s.17 of the Licensing Act 2003 in respect of the premises known as Carolina Bar and Grill, First Floor, Arch 145, Eagle Yard, Hampton Street, London SE1 6SP be granted as follows:

 

1.  The sale by retail of alcohol (on sales only):

 

a.  Sunday to Thursday: 10:00 to 23:30

b.  Friday and Saturday: 10:00 to 00:30

 

2.  The sale by retail of alcohol non-standard timings (on sales):

 

a.  Christmas Eve: 10:00 to 00:30

b.  New Year’s Eve: 10:00 to 05:00

 

3.  The provision of late night refreshment (indoors):

 

a.  Sunday to Thursday: 23:00 to 23:30

b.  Friday to Saturday: 23:00 to 00:30

 

 

 

4.  Late night refreshment non-standard timings (indoors):

 

a.  Christmas Eve: 23:00 to 00:30

b.  New Year’s Eve: 23:00 to 05:00

 

5.  The provision of regulated entertainment in the form of recorded music and films (indoors):

 

a.  Sunday to Thursday: 23:00 to 23:30

b.  Friday and Saturday: 23:00 to 00:30

 

6.  Regulated entertainment non-standard timings (indoors):

 

a.  Christmas Eve: 23:00 to 00:30

b.  New Year’s Eve: 23:00 to 05:30

 

7.  Opening hours:

 

a.  Sunday to Thursday: 10:00 to 00:00

b.  Friday and Saturday: 10:00 to 01:00

 

8.  Opening hours non-standard timings:

 

a.  Christmas Eve: 10:00 to 01:00

b.  New Year’s Eve: 10:00 to 06:00

 

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, conditions agreed during the conciliation process and the following additional conditions as agreed by the licensing sub-committee:

 

1.  That this licence will not take effect until an acceptable written dispersal policy has been submitted to the licensing department.

 

2.  That the written dispersal policy shall be kept at the premises with the licence and made available for inspection by authorised council officers or the police. All relevant staff shall be trained in the implementation of the dispersal policy.

 

3.  That SIA registered staff will be employed from 21:00 on any days the premises is open past midnight.

 

4.  That a personal licence holder will be present on the premises from 21:00 on any days the premises is open past midnight.

 

5.  That the accommodation limit for the premises shall not exceed 60 persons (including children but excluding staff).

 

6.  That alcohol shall not be sold or supplied on the premises otherwise than to those seated, by table service and ancillary to a meal.

 

7.  That no alcoholic drinks will be permitted outside of the premises.

 

8.  That a clearly visible sign will be displayed to say that no alcoholic drinks are permitted outside of the premises.

 

9.  That no more than 5 people will be permitted outside to smoke at any one time.

 

10.  That staff will direct people to move away from the area upon leaving the premises.

 

11.  That a telephone number to an English speaking member of staff shall be prominently displayed and made available to residents.

 

12.  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.

 

13.  That the front windows and door will remain closed after 22:00, other than for egress or ingress.

 

Reasons

 

On 4 February 2022 Mr Santos Mario De La Paz Perez applied for a premises licence in respect of the premises known as Carolina Bar and Grill, First Floor, Arch 145, Eagle Yard, Hampton Street, London SE1 6SP.

 

The applicants and their representative submitted further representations late at night on 30 March 2022, the day before the hearing. As they were received less than 24 hours before the hearing, they were too late to be circulated.

 

The applicants stated they intend to operate as a Dominican restaurant. They advised that they are a food led business rather than a bar and were happy for conditions to be imposed reflecting this. The accommodation limit specified in the application is in compliance with the occupancy guidelines according to the relevant building regulations. They have 10 tables and customers are seated six people per table.

 

The applicants have had a number of temporary events notices (TENs), gradually increasing their capacity to 60 people in order to improve their experience of practice management. Security staff are present when the premises is open past midnight and the premises intend to continue that practice going forward. Security staff will also patrol the car park that is the subject of much nuisance to local residents.

 

The premises expressed their keenness to engage with their neighbours and to prevent noise disturbance, they also stated they would not be hosting externally promoted DJ events. The applicants confirmed they were aware of the policy in respect of single-use plastics in the Southwark’s statement of licensing policy 2021-2026 (SOLP).

 

The representative for the Metropolitan Police Service raised concerns in respect of the volume of licensed premises in the area and the cumulative impact of noise, nuisance and disorder emanating from these premises. Most of these problems arise when patrons are dispersing from premises. 

 

The representative for the licensing authority agreed that dispersal from the premises is the main issue and the premises’ dispersal policy is not adequate to address this concern.

 

The sub-committee noted that trading standards withdrew their representations after conditions were conciliated with the applicants.

 

Seven residents living within close proximity of the premises submitted representations in advance of the hearing, the sub-committee took all of these into consideration. Two of the residents were in attendance at the hearing and raised concerns in respect of crime, disorder and nuisance from those leaving premises within the arches and remaining in the local area. It was also noted that when the TENs were in operation, music could be heard emanating from the premises and several people were noisily leaving to smoke, taking their drinks with them.

 

The sub-committee recognised the changing nature of the arches and number of licensed premises opening in the area. This has occurred in numerous locations within Southwark. The sub-committee has found that in other areas of the borough, trader and resident groups have opened dialogue between the residents and premises. These groups have given residents a forum to air their concerns regarding licensed premises and for the premises to respond.

 

The representative for the Metropolitan Police Service confirmed such a trader and resident group exists for this area and agreed they would assist the premises in engaging with this group to facilitate community cohesion. The premises also confirmed they were keen to participate. A condition requiring the premises to display a telephone number to an English speaking member of staff would also assist in resolving issues that arise.

 

The sub-committee considered that conditions limiting the sale of alcohol to table-service, to those seated and ancillary to a meal would prevent the premises operating as a wet-led establishment. The times for which alcohol can be served has also been amended so that sales will finish at the same time as food. Along with SIA staff and a comprehensive dispersal policy that has been approved by the licensing authority, this would assist in ensuring the premises does not contribute to the nuisance and disorder in the local area.

 

A condition preventing customers from taking alcoholic drinks outside, limiting the number of people permitted to smoke at any one time and requiring the premises to keep their front windows and doors closed after a certain time would assist in preventing the noise nuisance experienced by local residents.

 

The sub-committee noted the hours applied for were within those suggested by Southwark’s SOLP for a restaurant and considered the comprehensive conditions imposed by the sub-committee will address concerns and further the four licensing objectives. It is on this basis that the application was granted. 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 desires to contend:

 

a)  That the licence ought not to have been granted; or

b)  That, on granting the licence, the licensing authority ought not 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.