The Licensing Sub-Committee of Southwark Council met on Thursday 9 May 2024 to consider an application to vary the premises licence for Tropical, located at 186-188 Old Kent Road, London SE1 5TY. The primary focus of the meeting was to discuss the proposed extension of trading hours for the venue.

Licensing Act 2003: Tropical, 186-188 Old Kent Road, London SE1 5TY

The main item scheduled for discussion was an application to vary the premises licence for Tropical, a restaurant, bar, and lounge located at 186-188 Old Kent Road, London SE1 5TY. The application, submitted by Carlos Fernando Delgado Armijos, sought to extend the venue's trading hours.

The current premises licence, granted on 21 April 2016, permits the sale of alcohol from 11:00 to 00:00 Monday to Sunday, with recorded music and late-night refreshment also operating until 00:00. Regulated entertainment, including performances of dance, is permitted from 20:00 to 00:00 daily. The premises are open to the public from 10:00 to 00:30 Monday to Sunday.

The variation application proposed significantly extended hours:

• Sale of alcohol: Sunday to Thursday from 11:00 to 02:00, and Friday and Saturday from 11:00 to 04:00.
• Late night refreshment: Sunday to Thursday from 23:00 to 02:00, and Friday and Saturday from 23:00 to 04:00.
• Regulated entertainment (recorded music and dance): Sunday to Thursday from 20:00 to 02:00, and Friday and Saturday from 20:00 to 04:00.
• Opening hours: Sunday to Thursday from 10:00 to 02:30, and Friday and Saturday from 10:00 to 04:30.

The report pack indicated that representations had been received from responsible authorities, including the Metropolitan Police Service, the council's trading standards team, and the council's licensing authority.

The Metropolitan Police Service raised objections under the licensing objectives of the prevention of crime and disorder, the prevention of public nuisance, and the protection of children from harm. They noted that the requested hours were significantly outside those recommended in the Southwark Statement of Licensing Policy^[1], and that the proposed hours were more aligned with a nightclub than a restaurant or bar. Concerns were also raised about the potential impact on local residents and the sale of high-strength spirits.

The trading standards team made representations under the prevention of crime and disorder objective, proposing two specific conditions related to the sale of spirits: that no spirits be sold by the bottle or half bottle, and that all spirits be sold in measures of 25ml or 35ml, with a maximum of two measures per container or glass.

The council's licensing authority also objected, citing the proposed hours being outside the Statement of Licensing Policy and concerns for local residents. They highlighted a previous application in October 2018 to extend hours, which was refused by the licensing sub-committee due to a history of non-compliance and the applicant's failure to attend the hearing. The report noted that there had been no recent complaints in the last 12 months.

The report also detailed the premises' history, including previous licence variations and a refusal in October 2018 for a similar extension of hours. It was noted that the premises lies outside of a cumulative impact policy area, but within a residential area where the recommended closing hours for restaurants are 23:00.

The report outlined the legal framework for the determination of such applications under the Licensing Act 2003^[2], emphasizing the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of nuisance, and the protection of children from harm. Members were reminded of their duty to consider each application on its own merits and in accordance with the council's Statement of Licensing Policy and the Secretary of State's guidance¹.

The report also touched upon climate change implications, noting that while not a direct licensing objective, members could encourage applicants to promote the reduction of climate change impacts.