Greenwich Council

Agenda item.

Restaurant Carola - 151 Lee High Road, SE3 9DJ

Application to vary the premises licence

Decision:

Application to vary the Premises Licence

for

Ristorante Carola

151 Lee Road, London SE3 9DJ

 

In reaching its decision the Sub Committee considered the Council’s Statement of Licensing Policy, The Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under section 182 of that Act.  In discharging its functions, the Sub Committee did so with a view to promoting the licensing objectives of the Prevention of Crime and Disorder and the Prevention of Public nuisance.

 

The Licensing Sub-Committee considered an application for the variation of the  existing premises licence.. The application sought an extension to permitted licensable activities for Live Music & Recorded Music (Indoors Only) until 24:00 hours on Sundays to Wednesday and until 02:30 hours on Thursday to Saturday, the same extended hours for Late Night Refreshment (Indoors only) and the supply of alcohol for consumption on the premises only

 

Having considered the two written representations from residents against the application, the conditions volunteered and agreed with the police, the Sub-Committee granted the variation to the Premises Licence as follows:

 

Live Music & Recorded Music (Indoors Only):

12:00 hours until 24:00 hours on Sunday to Wednesday

12:00 hours until 02:30 hours the following morning on Thursday to Saturday

 

Late Night Refreshment (Indoors Only):

23:00 hours until 24:00 hours on Sunday to Wednesday

23:00 hours until 02:30 hours the following morning on Thursday to Saturday

 

Hours for the Supply of alcohol (On the premises):

11:00 hours until 24:00 hours on Sunday to Wednesday

11:00 until 02:30 hours on Thursday to Saturday

 

 

The Licensing Sub-Committee imposed additional conditions upon the existing premises licence as follows:

 

(i) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show/download a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

 

(ii) A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours. This written policy shall be available to be produced to any Police Officer, Police Community Support Officer or authorised Local Authority Officer on request.

 

The Sub-Committee’s decision was based on issues raised concerning the prevention of crime and disorder and prevention of public nuisance and the protection of children from harm.

 

In reaching their decision the Sub-Committee considered and gave due regard to: -

 

The police had agreed to the variation of the premises licence subject to agreed conditions being imposed.

 

Environmental Health did not make a representation against the application.

 

Due weight was given to matters of concern raised in the two written representations received from residents relating to potential disturbance and antisocial behaviour if the hours of licensable activities at the premises were to be extended.

 

It was noted that one of residents lived approximately 100 metres from the premises and had highlighted in a simple plan that their bedroom window and balcony faced towards the restaurant. They expressed they had seen the small garden at the restaurant being used in summer for private parties and heard loud voices and music late into the night on Saturday nights. They also said that an increase in opening hours of the restaurant would lead to teenagers being encouraged to buy alcohol and they made reference to the area being a family-friendly, suburban neighbourhood without many disturbances.

 

The other resident making a written representation resides at a property which fronts onto the car park at the premises. The concerns related to  patrons using the car park area stating that people leaving the restaurant  caused public nuisance and also that live and recorded music polluted the environment especially on Fridays and Saturdays.

 

The Sub-committee took note that the premises did not fall within a Cumulative Impact Zone. The premises are located near a busy junction of Lee Road and Eltham Road, near the Western boundary of the borough, with Lewisham.

 

There are no other licensed premises within the immediate vicinity on the Greenwich side of the border however on the Lewisham side there is a kebab shop open until 3am all week providing only late night refreshment after 23:00 hours, a Public House licensed until 02:00 hours at the weekends, a Sainsbury’s with a 24 hours’ licence and an office licence open at the weekends until 23:00 hours.

 

The Sub-committee felt that issues raised around disorderly and anti-social behaviour could not be directly attributed to the premises and that teenagers were more likely to be drawn to other licensed premises if they were attempting to buy alcohol whilst underage. 

 

It was noted the applicant had not applied for any Temporary Event Notices (‘‘TENS’’) since making application for a variation to the premise licence in 2012.

 

The Sub-Committee heard from Ms Paula Carrola, the applicant and also from Mr Manuel Rocha who accompanied her to assist in addressing the Sub-committee.

 

Mr Rocha said the restaurant is a family run business and had been operating as such for nine years. The intention was to continue to do so for a further ten years or so and the reason for applying for this extension of hours was to have some flexibility in the premises licence to stay open later if desired. He made clear the understanding that if the licence was extended and problems arose, this would lead to the business failing and therefore it would not be in the interest of the applicant to change the nature of the business.

 

He confirmed the premises was not going to be run as a late night café or nightclub. He said the clientele included regular customers who are in their 40s and 50s, as well as families, and there had been requests from these patrons to stay later than the hours of the current licence permits.

 

As regards customers leaving the restaurant he confirmed there was an agreement with a local taxi firm and that patrons stay inside until the premises until their taxi arrived.

 

Ms Carrola said that she had tried to communicate and meet with neighbours who had expressed concerns and potential solutions. However, her invitation was not taken up. She said she always tries to deal with complaints as soon as she hears about them and that she did not want for the neighbours what she did not want for herself.

 

Councillor Morrow acknowledged there had been no representations received from the Police or Environmental Health and made reference to the exemplary history of the licence.

 

He asked Ms Carrola about whether people seen in the smoking area in the garden were also drinking there as this had been raised in a representation.

Ms Carrola said that consumption had taken place in the garden area but that she asks people to be quiet when in the garden.

 

She confirmed that some customers were people she has known for years and she confirmed that 4 or 5 times a year there have been parties on Sunday afternoons with children running around but that the garden was meant for smokers.

 

She said there was signage to leave quietly and neighbours next to premises had not complained. She said the area is busy and it can be noisy with ambulances but customers are respectful and she addresses issues that come in to the restaurant immediately, which she believed was why no formal complaints have been made against her in the past. She made clear throughout that it was her intention to continue to run her business in the same manner it has been run in the past and to keep good relations with her neighbours.

 

Further questions from Councillors to Ms Carrola established the following in relation to the premises:

 

     I.        The intention was to continue having parties on Sundays and that TENs were not used for these as the functions usually finish by 21:00 hours on Sundays with patrons usually leaving by 22:00 hours. An extension of hours would enable opening later for example if there was a football match on or when customers requested to stay later than currently permitted.

    II.        The chefs leave at 23:00 hours but cold plates such as cheese, meat platters, nibbles and desserts are provided for people wanting to continue to have a further drink after their meal but it was not intended to encourage them to drink to excess.

  III.        There has been only been two live music events at the premises over the last nine years. Both were small scale public performances. There has been, on rare occasions, a singer requested for a private event. Due to the size of the venue, music has always been either unamplified acoustic or background recorded music.

  IV.        Rubbish bins are kept in a back room and disposed of during the day so as not to disturb neighbours at night.

   V.        The tables outside are never reserved. However, if a patron arrives for a pre-booked table indoors and wishes to smoke, specifically asking for a table in the garden on arrival, it has been agreed previously.

 

 

The Sub-committee in making the decision to grant the application noted the exemplary status of the licence since its grant in 2010. Further, it was noted the restaurant is run as a family business and the intention is to continue on the same basis.

 

Those running it cared very much about people’s experience there and it is operated it in a respectful and responsible way and neighbour’s concerns were addressed if notified using the telephone number publicly available at all times the premises are open.

 

In granting the application as applied for, the Sub-Committee considered  that the restaurant will continue to be run without issues. However, those with any concerns regarding the premises can contact relevant officers, such as the Police or the Council’s Environmental Health Noise Team and Licensing Team.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have a right to appeal to the Magistrates Court. Such an appeal must be submitted to the Magistrates Court within 21 days of the date of the written decision of the Sub-Committee.

 

 

 

 

 

 

 

 

 

 

 

Minutes:

In attendance:

 

Applicant                                           Paula Carrola

                                                          Manuel Carrola

 

The Sub Committee considered an application by Paula Carrola for the variation of a premesis licence in relation to Restaurant Carola, 155 Lee High Road, SE3 9DJ.

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and that all parties were aware of their right to be represented.

 

The Licensing Officer gave an illustrated introduction to the report and confirmed there were no amendments.

 

The Sub Committee was addressed by the applicant who highlighted the positive history of the premises and the reason for the variation.

 

The Sub Committee asked questions and were satisfied with the responses.

 

All parties, with the exception of the Legal Advisor and the Corporate Governance Officer, withdrew to allow the Sub-Committee to deliberate at 6.50pm. All parties returned at 6.55pm.

 

 

In reaching its decision the Sub Committee considered the Council’s Statement of Licensing Policy, The Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under section 182 of that Act.  In discharging its functions, the Sub Committee did so with a view to promoting the licensing objectives of the Prevention of Crime and Disorder and the Prevention of Public nuisance.

 

The Licensing Sub-Committee considered an application for the variation of the  existing premises licence.. The application sought an extension to permitted licensable activities for Live Music & Recorded Music (Indoors Only) until 24:00 hours on Sundays to Wednesday and until 02:30 hours on Thursday to Saturday, the same extended hours for Late Night Refreshment (Indoors only) and the supply of alcohol for consumption on the premises only

 

Having considered the two written representations from residents against the application, the conditions volunteered and agreed with the police, the Sub-Committee granted the variation to the Premises Licence as follows:

 

Live Music & Recorded Music (Indoors Only):

12:00 hours until 24:00 hours on Sunday to Wednesday

12:00 hours until 02:30 hours the following morning on Thursday to Saturday

 

Late Night Refreshment (Indoors Only):

23:00 hours until 24:00 hours on Sunday to Wednesday

23:00 hours until 02:30 hours the following morning on Thursday to Saturday

 

Hours for the Supply of alcohol (On the premises):

11:00 hours until 24:00 hours on Sunday to Wednesday

11:00 until 02:30 hours on Thursday to Saturday

 

 

The Licensing Sub-Committee imposed additional conditions upon the existing premises licence as follows:

 

(i) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show/download a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

 

(ii) A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours. This written policy shall be available to be produced to any Police Officer, Police Community Support Officer or authorised Local Authority Officer on request.

 

The Sub-Committee’s decision was based on issues raised concerning the prevention of crime and disorder and prevention of public nuisance and the protection of children from harm.

 

In reaching their decision the Sub-Committee considered and gave due regard to: -

 

The police had agreed to the variation of the premises licence subject to agreed conditions being imposed.

 

Environmental Health did not make a representation against the application.

 

Due weight was given to matters of concern raised in the two written representations received from residents relating to potential disturbance and antisocial behaviour if the hours of licensable activities at the premises were to be extended.

 

It was noted that one of residents lived approximately 100 metres from the premises and had highlighted in a simple plan that their bedroom window and balcony faced towards the restaurant. They expressed they had seen the small garden at the restaurant being used in summer for private parties and heard loud voices and music late into the night on Saturday nights. They also said that an increase in opening hours of the restaurant would lead to teenagers being encouraged to buy alcohol and they made reference to the area being a family-friendly, suburban neighbourhood without many disturbances.

 

The other resident making a written representation resides at a property which fronts onto the car park at the premises. The concerns related to  patrons using the car park area stating that people leaving the restaurant  caused public nuisance and also that live and recorded music polluted the environment especially on Fridays and Saturdays.

 

The Sub-committee took note that the premises did not fall within a Cumulative Impact Zone. The premises are located near a busy junction of Lee Road and Eltham Road, near the Western boundary of the borough, with Lewisham.

 

There are no other licensed premises within the immediate vicinity on the Greenwich side of the border however on the Lewisham side there is a kebab shop open until 3am all week providing only late night refreshment after 23:00 hours, a Public House licensed until 02:00 hours at the weekends, a Sainsbury’s with a 24 hours’ licence and an office licence open at the weekends until 23:00 hours.

 

The Sub-committee felt that issues raised around disorderly and anti-social behaviour could not be directly attributed to the premises and that teenagers were more likely to be drawn to other licensed premises if they were attempting to buy alcohol whilst underage. 

 

It was noted the applicant had not applied for any Temporary Event Notices (‘‘TENS’’) since making application for a variation to the premise licence in 2012.

 

The Sub-Committee heard from Ms Paula Carrola, the applicant and also from Mr Manuel Rocha who accompanied her to assist in addressing the Sub-committee.

 

Mr Rocha said the restaurant is a family run business and had been operating as such for nine years. The intention was to continue to do so for a further ten years or so and the reason for applying for this extension of hours was to have some flexibility in the premises licence to stay open later if desired. He made clear the understanding that if the licence was extended and problems arose, this would lead to the business failing and therefore it would not be in the interest of the applicant to change the nature of the business.

 

He confirmed the premises was not going to be run as a late night café or nightclub. He said the clientele included regular customers who are in their 40s and 50s, as well as families, and there had been requests from these patrons to stay later than the hours of the current licence permits.

 

As regards customers leaving the restaurant he confirmed there was an agreement with a local taxi firm and that patrons stay inside until the premises until their taxi arrived.

 

Ms Carrola said that she had tried to communicate and meet with neighbours who had expressed concerns and potential solutions. However, her invitation was not taken up. She said she always tries to deal with complaints as soon as she hears about them and that she did not want for the neighbours what she did not want for herself.

 

Councillor Morrow acknowledged there had been no representations received from the Police or Environmental Health and made reference to the exemplary history of the licence.

 

He asked Ms Carrola about whether people seen in the smoking area in the garden were also drinking there as this had been raised in a representation.

Ms Carrola said that consumption had taken place in the garden area but that she asks people to be quiet when in the garden.

 

She confirmed that some customers were people she has known for years and she confirmed that 4 or 5 times a year there have been parties on Sunday afternoons with children running around but that the garden was meant for smokers.

 

She said there was signage to leave quietly and neighbours next to premises had not complained. She said the area is busy and it can be noisy with ambulances but customers are respectful and she addresses issues that come in to the restaurant immediately, which she believed was why no formal complaints have been made against her in the past. She made clear throughout that it was her intention to continue to run her business in the same manner it has been run in the past and to keep good relations with her neighbours.

 

Further questions from Councillors to Ms Carrola established the following in relation to the premises:

 

     I.        The intention was to continue having parties on Sundays and that TENs were not used for these as the functions usually finish by 21:00 hours on Sundays with patrons usually leaving by 22:00 hours. An extension of hours would enable opening later for example if there was a football match on or when customers requested to stay later than currently permitted.

    II.        The chefs leave at 23:00 hours but cold plates such as cheese, meat platters, nibbles and desserts are provided for people wanting to continue to have a further drink after their meal but it was not intended to encourage them to drink to excess.

  III.        There has been only been two live music events at the premises over the last nine years. Both were small scale public performances. There has been, on rare occasions, a singer requested for a private event. Due to the size of the venue, music has always been either unamplified acoustic or background recorded music.

  IV.        Rubbish bins are kept in a back room and disposed of during the day so as not to disturb neighbours at night.

   V.        The tables outside are never reserved. However, if a patron arrives for a pre-booked table indoors and wishes to smoke, specifically asking for a table in the garden on arrival, it has been agreed previously.

 

 

The Sub-committee in making the decision to grant the application noted the exemplary status of the licence since its grant in 2010. Further, it was noted the restaurant is run as a family business and the intention is to continue on the same basis.

 

Those running it cared very much about people’s experience there and it is operated it in a respectful and responsible way and neighbour’s concerns were addressed if notified using the telephone number publicly available at all times the premises are open.

 

In granting the application as applied for, the Sub-Committee considered  that the restaurant will continue to be run without issues. However, those with any concerns regarding the premises can contact relevant officers, such as the Police or the Council’s Environmental Health Noise Team and Licensing Team.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have a right to appeal to the Magistrates Court. Such an appeal must be submitted to the Magistrates Court within 21 days of the date of the written decision of the Sub-Committee.

 

 

 

 

 

 

 

 

 

 

 

Supporting documents: