The licensing officer presented her report and notified the sub-committee that a late set of documents had been submitted by the interested parties. The applicant refused to allow the late documents to be admitted and it was not circulated to the members. There were no questions for the officer.
The applicant’s representative addressed the sub-committee and called upon his witness, Ms Alves, manager of the premises. Members had questions for the applicant. The local resident and the local ward councillors had questions for the applicant.
The local resident and the ward councillors addressed the sub-committee. Members had questions for the local resident and the councillors. The applicant had questions for the local resident.
Each party was given 5 minutes to sum up.
The sub-committee went into closed session at 11.13am. The meeting resumed at 11.55am.
RESOLVED:
That the application by Minho Montalegre Limited for variation of the premises licence issued under the Licensing Act 2003 in respect of Banana’s Tapas Bar Restaurant, 374 Walworth Road, London SE17 2NF is granted with the following times and conditions:
|
Licensable Activity |
Monday to Thursday |
Fri |
Sat |
Sun
|
|
Live Music |
|
11:00 – 02:30 |
11:00 – 02:30 |
11:00 – 00:00 |
|
Recorded Music |
11:00 – 02:30 |
11:00 – 02:30 |
Same as existing licence |
|
|
Performance of Dance |
11:00 – 02:30 |
11:00 – 02:30 |
11:00 – 00:00 |
|
|
Provision of facilities for making music |
11:00 – 02:30 |
11:00 – 02:30 |
11:00 – 00:00 |
|
|
Provision of facilities for dancing |
11:00 – 02:30 |
11:00 – 02:30 |
Same as existing licence |
|
|
Late night refreshment |
23:00 – 00:00
|
23:00 – 02:30 |
23:00 – 02:30 |
23:00 – 01:00 |
|
Supply of alcohol |
|
01:00-02:30 |
01:00 – 02:30 |
01:00-01:00 |
|
Opening Hours of premises |
|
09:00-03:00 |
09:00-03:00 |
09:00-01:30 |
Conditions
1. No external sound systems shall be imported onto the premises; any imported musical instruments requiring amplification shall be amplified via the existing sound system (controlled by means of the Sound Limiting Device).
2. There shall be no removal and loading of equipment from the premises between the terminal hour and 08.00 hours. After 22.00 hours, no more than ten (10) patrons shall be permitted to use the smoking area at any one time.
3. Secondary acoustic double glazing must be installed before new hours can be implemented.
4. Secondary acoustic double glazing must be installed before new hours can be implemented.
5. No new admissions after 1.30am on Friday and Saturday nights.
6. Male and female SIA door staff to be employed.
7. A contact name and number to be provided by the premises for local residents.
Reasons
The reasons for the decison are as follows:
The licensing sub-committee heard evidence from the applicant, the local resident and the ward councillors. In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives. The licensing sub-committee considered it was necessary and proportionate for the prevention of public nuisance to impose conditions in respect of opening and closing times, noise control and use of the external area for smoking.
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.