Agenda item

The licensing officer presented his case. The applicant’s representative and the sub-committee questioned the licensing officer.

The applicant’s representative outlined his case.  The sub-committee, the police representative and the environmental protection officer questioned the applicant and his representative.

The police representative presented his case.  The applicant’s representative and the sub-committee asked questions of the police representative.

The environmental protection officer outlined her case. The sub-committee and the applicant’s representative asked questions of the environmental protection officer.

A local resident outlined her case.  The sub-committee and the applicant’s representative asked questions of the local resident.

The applicant’s representative, the police and the local resident summarised their cases.

At 3.25pm all parties were requested to leave the room while the meeting went into closed session.  At 3.48pm all parties were recalled to the meeting and the chair read out the sub-committee’s decision:

RESOLVED:

That the application by Candido Rodgriques for a variation of premises licence in respect of the premises known as Banana’s Bar, 374 Walworth Road,  London SE17 be refused.

Reasons

The licensing sub-committee considered the written representations contained in the report and the oral representations of PC Compton, Debbie Lawless and Ms Pershard, in addition to hearing the oral report of David Franklin.  The licensing sub-committee did not received late documentation other than photographs, following objections from Mr. Glazebrook on behalf of the applicant.  The licensing sub-committee heard representations from Mr. Glazebrook on behalf of the applicant.

The licensing sub-committee was satisfied that the applicant had not to date managed the premises having regard to the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance.  The licensing sub-committee noted that a Noise Abatement Notice was served on 12 July 2009 and was breached on 31 August 2009.  The applicant did not appeal but paid the fixed penalty notice.  The licensing sub-committee noted that despite counter-notices being served in respect of temporary event notice applications for the weekends of 4/5 December and 11/12 December 2009 the applicant operated outside licensing hours on those dates.  In all the circumstances the licensing sub-committee concluded that it was necessary and proportionate, having regard to the licensing objectives, to refuse the application.

Appeal rights

The applicant may appeal against any decision to modify the conditions of the licence; and

Any person who made relevant representations in relation to the application who desire to contend that

a)  That variation ought not to have been made; or

b)  That, when varying the licence, the Licensing Authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way.

May appeal against the decision

Any appeal must be made to the magistrate court for the petty sessions area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ chief executive 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.