Agenda item

The Application:

The application as originally submitted, sought a premises licence for the supply of alcohol, Monday to Sunday from 09.00 hours until 00.00 hours. Opening hours were requested from 09.00 hours until 00.30 hours for Monday to Sunday. The application also sought late night refreshment provision, Monday to Sunday from 23.00 hours until midnight. Live music was requested from Monday to Sunday from 09.00 hours until 23.30 hours and recorded music for Monday to Sunday from 12.00 hours until 23.30 hours. Performance of dance was applied for from Monday to Saturday from 12.00 hours until 23.30 hours and on Sunday from 12.00 hours until 23.00 hours.

The Sub-Committee was advised that subsequent to the submission of the application, revised hours had been agreed with the police. The revised hours requested the supply of alcohol from Monday to Thursday and Sunday from 09.00 hours to 22.30 hours, and on Friday and Saturday from 09.00 hours until 23.30 hours. The opening hours sought from Monday to Thursday were from 09.00 hours until 23.00 hours and on Friday and Saturday from 09.00 hours until midnight. The Applicant confirmed that these were the hours being applied for.

Case for Applicant:

The Applicant confirmed that his aim was to run a family restaurant. He was not currently planning to sell food after 23.00 hours and therefore did not need a licence to sell late night refreshment; there would only be recorded music and not live music. However, in the future, the Applicant stated that he would like to provide live music and there may be birthday parties at the premises.

A licence was currently held at the premises. The Applicant stated he was not responsible for any issues  arising because of the previous management and any complaints made against them. He was aware of an additional complaint made in respect of his occupation of the premises concerning events on 12^th October 2023, but he regarded this as unfair. In response to another complaint that the residents of the flats above had to walk through a terrace full of customers to reach their homes, he had now made sure the residents had clear access.

Representations and the Case for the Objectors

The Council had received five representations in support of the application, which welcomed the additional offer of a local restaurant. There were also four representations in objection, including the reference to 12^th October 2023. This related to a football match being viewed on a large screen at the premises. The complainant said he felt threatened when he visited the premises and intended to make a formal complaint to the police. More generally, the representations emphasised the residential nature of the premises with flats above. The representations expressed concern at the later hours being proposed and the additional disturbance this might involve. The Council was advised that with the previous business running to 9.30pm, residents were disturbed by loud chatter, laughter, movement of furniture and music. This would be worse with the later hours being sought. Residents had young children and needed to get up early for work.

Reasons for the Decision:

The Sub-Committee noted that a premises licence, albeit for lesser hours up to 21.30 hours, was in existence. The principle of licensable activities taking place at the premises was already established. The Committee considered that an extension to the hours permitted under the current licence would be possible without harm to the licensing objectives, including the prevention of public nuisance. However, given the residential nature of the premises with flats above, the Committee considered the appropriate balance between the interests of the business and the residents above, should accommodated by requiring alcohol sales to cease at 22.00 hours Monday to Thursdays, 23.00 hours Friday and Saturdays and 21.30 hours on Sundays. For similar reasons, the Committee considered the opening hours should be from 09.00 hours to 23.00 hours Monday to Thursdays, and from 09.00 hours to 23.30 hours on Friday and Saturdays. It was felt that on Sundays, residents could reasonably expect a higher degree of peace and quiet and concluded the opening hours should be from 09.00 hours until 22.00 hours.

Decision

That the application for a new premises licence at Bella Vista, 85/89 Elmer’s End Road, Beckenham BR3 4SY be granted as follows:

Sale of alcohol: Monday to Thursday 12.00 hours to 22.00 hours, Friday and Saturday 12.00 hours to 23.00 hours, Sunday 12.00 hours to 21.30 hours

Opening hours: Monday to Thursday 09.00 hours to 23.00 hours, Friday and Saturday 09.00 hours to 23.30 hours, Sunday 12.00 hours to 22.00 hours

AND SUBJECT to the conditions agreed with the police on pages 48 and 49 of the agenda with the following changes:

Condition 10: The outside/garden/smoking areas to close approximately 1 hour prior to the premises specified opening hours.

Condition 11: All doors and windows are to be kept closed when regulated entertainment is taking place, save for the purpose of access and egress.

The seasonal variations for New Years Eve are as follows:

The terminal hours for the supply of alcohol on New Years Eve shall be varied to 01.00 hours on the following New Years Day. The playing of live and recorded music is permitted on News Years Eve but shall cease no later than on 01.00 hours on the following News Years Day. The premises shall thereafter close at 01.30 am on New Years Day.