Agenda item

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

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

The sub-committee noted the written representation of the other person, who was not present at the meeting.

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

The meeting adjourned at 10.53 for the sub-committee to consider its decision.

The meeting reconvened at 11.07am and the chair advised the attendees of the decision.

RESOLVED:

That the application made by Kolmark Limited to vary a premises licence to be varied under the Licensing Act 2003 in respect of the premises known as 24a Peckham Rye, London SE15 4JR be granted.

Hours

Conditions

1.  That the windows and doors at the rear of the premises will be closed after 22:00.

Reasons

This was an application for the variation of a premises licence made by Kolmark Limited in respect of the premises 24a Peckham Rye, London SE15 4JR.

The licensing sub-committee heard from the applicant who advised that the premises was opened after receiving positive feedback on his social media platforms.  This was the applicant’s first restaurant business venture with a more mature clientele. When the premises was closed, the applicant filmed daily live streams on social media.  The live streams of his cooking were central to his business.

A takeaway service was available but only until 21:00.  Deliveries were made by Uber Eats and Just Eat, amounting to approximately 20% of the business income.  Pick ups of the deliveries were only via the main entrance at the front of the premises.  The rear door was not used by patrons.

The premises was generally very busy on Saturdays when a buffet was available.  Alcohol was served only to those patrons who were seated at a table. The applicant advised that standing was not permitted. Food was not eaten outside at the front of the premises, which was a stipulation of the applicant’s lease.

The applicant showed the sub-committee the premises online, which confirmed that the premises was small, with no space for a dance floor.  The premises was not a night club as the objector had suggested. It was a restaurant that served food and had background music. A DJ did attend on Saturdays and played music described as “mellow”. This allowed customers, including families, to sit and enjoy their meals and converse with one another.  Any noise that the objector was referring did not come from the premises nor did he know where it was coming from.

Complaints of fumes coming from the premises were also unjustified as the extractor installed at the premises filtered all fumes and circulated clean air.  It had the same specification to those in nationwide public buildings and was serviced every six months.  The applicant was satisfied that fumes were not coming from his premises. The complaint of charcoal fumes could also not be attributed to the premises as he never cooked on charcoal.

Members saw the fire doors to the rear of the premises which were not for patrons to use as a means for entry/exit. The area outside was gated and required a key that  only staff held. In the very unlikely event that patrons did use the fire door, they would not be able to access the street because of the locked gates.

The applicant accepted that during the summer the door may have been opened when the premises became too hot.  Noise may have escaped on these occasions. Members suggested a condition could be added that the doors be shut after 22:00 hours, which the applicant agreed to.

The applicant then called a neighbour of the premises as a witness, who had young children.  The witness confirmed that the walls between their home and the premises was  very thin and they had never experienced any problems with the premises.  The witness stated that they left for work at 02:00, at which time the premises was always closed. The objector’s suggestion that the premises made noise until late was untrue.

The licensing sub-committee considered the representation from the other person who was not in attendance at the hearing.

In considering the application, members noted that, in accordance with Southwark’s statement of licensing policy 2021-2026 (SoLP), the premises were located in Peckham, which was not within a cumulative impact policy area.

As a major town centre, within the SoLP, Peckham had recommended closing times for restaurants and cafes of 00:00 on Sunday to Thursday and 01:00 on Friday and Saturday. 

The hours applied for were therefore within those recommended in the SoLP. Members had viewed the premises online and considered the premises as small, with fixed seating for around 20 people. 

Having heard from the applicant, seen the premises and knowing the local area, the sub-committee were not satisfied that the issues raised in the objection had been due to the premises.  Furthermore, no complaints had been made to any of the responsible authorities, nor were there any objections from them.

In reaching its decision, the licensing sub-committee had regard to all the relevant considerations, its equality duties and four licensing objectives and considered that this decision was appropriate and proportionate.

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 desires to contend:

a)  That the 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 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.