Agenda item

The licensing officer presented their report.  He informed the sub-committee that the responsible authorities had conciliated with the applicant. Members had questions for the licensing officer.

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

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

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

The meeting adjourned at 11.45am for the sub-committee to consider its decision.

The meeting reconvened at 12.17pm and the chair advised everyone of the decision.

RESOLVED:

That the application made by Ad Hoc Pubs Limited for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Southwark Tap & Wine Bar, Railway Arch 80, Scoresby Street, London SE1 0XN be granted as follows:

1.  The supply of alcohol (on the premises):

a.  Monday to Saturday: 11:00 to 23:00

b.  Sunday: 11:00 to 22:30

2.  Opening hours:

a.  Monday to Saturday: 11:00 to 23:30

b.  Sunday: 11:00 to 23:00

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 no more than five people shall be permitted outside to smoke after 22:00 and should remain within the designated outdoor area.

2.  That no drinks shall be permitted outside after 22:00.

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

4.  That external waste handling, collections and deliveries shall only occur between the hours of 08.00 and 20.00.

Reasons

On 1 April 2022, Ad Hoc Pubs Limited applied for a premises licence in respect of the premises known as Southwark Tap & Wine Bar, Railway Arch 80, Scoresby Street, London SE1 0XN.

The applicant and their legal representative explained that the applicant had extensive experience of running similar bars within London, in predominantly residential areas, including those with big outdoor areas. The premises will be a high end bar and restaurant that is an ideal date night venue selling craft beer and offering wine sampling. It is unlikely the premises will be open every weekend; on the occasion that it does open, it will be for the purpose of private events and closed to the public. Any music will be in the background, typically easy-listening or jazz, and will finish by 22:00. There is no intention to have disc jockeys or loud dance music as with other nearby premises.

They advised that CCTV will be retained for longer than required by the police in the conditions conciliated prior to the hearing. Extra toilets will also be installed to prevent disorder when patrons leave the premises. A bi-fold door will be installed to act as an internal door, creating a porch way and a further barrier to prevent noise nuisance outside of the premises. The small outdoor area will be surrounded by soundproofing Perspex and plants to help reduce noise disturbance from those speaking. The premises is keen to engage and cooperate with local residents, as it does regularly at its sister site, Clapham Tap.

The sub-committee noted that all responsible authorities had withdrawn their representations after conditions were conciliated and the proposed hours for opening and supply of alcohol were reduced.

Eleven other persons submitted representations against the application in advance of the hearing. The sub-committee took all of these into consideration. Five of these persons were in attendance at the hearing and detailed concerns in respect of disorderly behaviour and noise nuisance emanating from the premises.

The sub-committee noted a comprehensive dispersal policy had been agreed with the licensing authority. A condition limiting outdoor smokers to the designated area will further alleviate concerns about patrons wondering around nearby residences and causing a nuisance. The sub-committee recommend the premises place a notice on their website informing patrons that no parking is available at the premises and encourage them to travel via public transport.

The sub-committee made the applicant aware of the policy regarding single-use plastics contained within paragraph 205 of Southwark’s statement of licensing policy 2021-2026 (SOLP) and recommend that the applicant uses single-use plastics wherever possible. The applicant is also encouraged to engage with the community, a condition requiring a telephone number to be made available would assist in doing this.

The sub-committee considered the applicant to be a responsible premises licence holder who had reflected on the representations made and adapted to alleviate many of the concerns raised. The sub-committee noted the hours applied for were predominantly within those suggested by Southwark’s SOLP for this premises, including the closing of any outdoor areas at 22:00.

The premises had previously been licensed since 1982 but this licence lapsed at the end of last year when the former business closed. The premises was therefore licensed when the cumulative impact areas were considered and created. Given this, the hours of operation finishing before midnight, and the suite of conditions that were offered and conciliated, the sub-committee did not consider the premises would add to the saturation of the area. 

It is on this basis the application was granted. In reaching this decision, the sub-committee had regard to all of 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.