Agenda item

The licensing officer presented her report. Members had questions for the officer.

When the applicant, Mr Cole began his presentation it was evident that Mrs Cole needed to be present as this was a joint application. The sub-committee sought legal advice from the legal officer and it was agreed to adjourn Item 5 for an hour to allow Mrs Cole to attend.

The members agreed to move on to Item 6 as all parties were present.

Item 5 resumed at 12.25.

The licensing officer circulated photos of the premises. The applicant confirmed that they had reduced the hours on their application.  Members had questions for the applicants.  The local resident had questions for the applicants.  

It was confirmed that Mrs Cole will be the DPS and she is awaiting her personal licence certificate to be sent to her.

The environmental protection officer addressed the sub-committee. Members had questions for the officer.

The local resident addressed the sub-committee. Members had questions for the resident.

All parties were given 5 minutes to sum up.

The meeting went into closed session at 1.05pm.  The meeting resumed at 1.36 and the decision was read out as follows.

RESOLVED:

That the application by Mr & Mrs Cole for grant of the premises licence issued under the Licensing Act 2003 in respect of Nivla  Restaurant,  51 Camberwell Road, London SE5 0EZ is granted as follows:

The following licensable activities are allowed:

Conditions

All appropriate mandatory conditions as defined by the Licensing Act 2003 (as amended); and

The following additional conditions are imposed.

1.  Sound insulation and sound limitation equipment to be installed and maintained to the standard set by the council’s environmental protection team and to be operated in full working order at all times that the premises are open to the public;

2.  All speakers and amplification equipment to be installed at locations set by the council’s environmental protection team and to be used only at those locations;

3.  No more than 5 smokers to be permitted to remain outside the premises at any time and no drinks to be taken outside the premises.

4.  Ventilation to be installed in the basement and maintained to the standard set out by the council’s environmental protection team and to be operated in full working order at all times that the basement is open to the public;

5.  A personal licensing holder is to be on the premises at all times that the premises are open for the supply of alcohol.

Reasons

The reasons for this decision are as follows:

In reaching its decision the licensing sub-committee heard representations from the applicants, Mr & Mrs Cole, Alan Blissett from environmental protection officer and local residents including written representations. The licensing sub-committee concluded that the conditions were both necessary and proportionate to address the licensing objectives, in particular, the prevention of public nuisance and the promotion of public safety.

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 grant ought not to have been made; or

b)  That, when granting 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.