Agenda item

The licensing officer presented their report. It was noted that the responsible authorities had conciliated with the applicant. Members had no 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 applicant also called upon a witness, in support of their application, to address the sub-committee.

 

The sub-committee noted the written representations of two other persons (local residents), objecting to the application, who were not present at the meeting.

 

The applicant was given up to five minutes for summing up.

 

The meeting adjourned at 10.48am for the sub-committee to consider its decision.

 

The meeting reconvened at 11.18am and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by Maria Jose Bucheli Cordonez for a licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Koma Ltd, 326 Walworth Road London, SE17 2NA be granted as follows:

 

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

 

·  Friday and Saturday: 23:00 to 01:30

 

2.  Live music (indoors):

 

·  Thursday: 07:00 to 21:30

·  Friday: 17:00 to 22:00

 

3.  Recorded music (indoors):

 

·  Monday to Thursday: 07:00 to 21:30

·  Friday: 07:00 to 22:00

·  Saturday: 07:00 to 23:00

·  Sunday: 07:00 to 21:30

 

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

 

·  Monday to Thursday: 12:00 to 21:30

·  Friday and Saturday: 12:00 to 01:30

·  Sunday: 12:00 to 21:30

 

5.  Opening hours:

 

·  Monday to Thursday: 07:00 to 22:00

·  Friday and Saturday: 07:00 to 02:00

·  Sunday: 07:00 to 22:00.

 

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 and conditions agreed during the conciliation process.

 

Reasons

 

This was an application for a premises licence in respect of Koma Ltd, 326 Walworth Road, London. SE17 2NA.

 

The premises was described as follows:

 

‘The restaurant sells Latin American cuisine, seated 46 people, alcohol is sold to be accompanied by the food’.

 

The sub-committee heard from the applicant’s representative who advised the restaurant aimed to encourage different cultures and backgrounds of people to enjoy Spanish tapas, wine and Ecuadorian food. They had been operating since 2022 without any incidents, they were very mindful of their neighbours and had clear visible signs and CCTV cameras to discourage and prevent anti-social behaviour.

 

The restaurant was a family orientated one, families came to enjoy food and have a couple of wines or beers to accompany it. Alcohol would only be served to customers ordering food, no deliveries would occur after 22:00 hours in order to prevent public nuisance and children were not permitted in the restaurant after 22:00 hours.

 

The premises had applied for later hours on Fridays and Saturdays because families would occasionally book a table for a celebration such as a birthday and would want to stay later than usual to celebrate it. They did not currently offer takeaways but intended to offer this in the future, ceasing at 22:00 hours. They acknowledged Southwark’s statement of licensing policy 2021-2026 in respect of single-use plastics and committed to not using them wherever possible.

 

A local resident was called as a witness and spoke in support of the application. They considered the premises to be a quiet one that has not been concerned with crime, loud behaviour or rowdiness. She frequently visited the restaurant with her family and found the venue to be clean inside and outside with no outdoor rubbish.

 

Two other persons submitted representations in advance of the hearing, the sub-committee gave consideration to these. The sub-committee noted that the police and trading standards, in their position as responsible authorities, had withdrawn their representations after several conditions had been conciliated with the premises.

 

The sub-committee noted the premises were small, had been operating without any complaints or incidents to date and had agreed to a suite of conditions that would promote the licensing objectives and address the concerns raised by local residents. It is on this basis that the licence 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.