The Licensing Sub-Committee of Southwark Council met on Thursday 30 May 2024 to consider three applications for premises licences under the Licensing Act 2003. The committee granted a variation to the licence for Bird House Brewing Company and granted a new premises licence for Malibu Restaurant Bar. The application for Rincon Costeno was adjourned.

Bird House Brewing Company Licence Variation

The committee granted the application made by Bird House Brewing Company to vary its premises licence. The variation allows for extended hours for the sale of alcohol, late-night refreshment, and regulated entertainment.

The new hours are:

• Sale of alcohol (on and off sales): Sunday to Thursday until 00:00, Friday and Saturday until 01:00.
• Late-night refreshment (indoors): Sunday to Thursday until 00:00, Friday and Saturday until 01:00.
• Live and recorded music (indoors): Sunday to Thursday until 00:00, Friday and Saturday until 01:00.
• Opening hours: Sunday to Thursday until 00:30, Friday and Saturday until 01:30.
• Seasonal variations: On Sundays before Bank Holidays, Christmas Eve, and New Year's Eve, hours extend to 01:00.

Additional conditions were imposed, including that only management staff can access and control amplification equipment, advertising must encourage public transport use, and online alcohol sales will require age verification.

The decision was made after considering representations from the applicant, the Metropolitan Police Service, and the council's licensing authority. The sub-committee noted that the premises is located in an industrial park and is not near residential properties. They also acknowledged the presence of other licensed premises with later trading hours in the vicinity. The sub-committee felt that the extended hours and operation of the premises would not negatively impact the licensing objectives.

Rincon Costeno Premises Licence Application Adjourned

The application for a new premises licence for Rincon Costeno, located at Arch 146 Maldonado Walk, Eagle Yard, Hampton Street, London SE1 6SP, was adjourned.

The adjournment was requested by the sub-committee after it became apparent that the applicant, Irina Elizabeth Solorzano Chango, had a familial connection to the previous owners of the premises, which had its licence revoked in August 2021. The sub-committee sought clarification from the responsible authorities (Licensing and the Metropolitan Police Service) on whether they were aware of this connection and if they had seen documentation proving a transfer of business control. They also asked if, in light of this information, the responsible authorities remained satisfied with the agreed control measures. The applicant stated she was not connected to the previous operation, but later admitted family members would assist.

The sub-committee highlighted that Southwark's Statement of Licensing Policy 2021-2025 requires documented proof of business transfer for new management claims. The responsible authorities' attendance was requested for a future hearing on 20 June 2024.

The application had received objections from the Metropolitan Police Service, citing concerns about existing issues in the area related to crime, disorder, and anti-social behaviour from similarly licensed premises. Representations from local residents also raised concerns about cumulative impact and anti-social behaviour. Trading Standards and the council's licensing authority had initially made representations but later withdrew them after the applicant agreed to additional conditions.

Malibu Restaurant Bar Premises Licence Granted

The sub-committee granted a new premises licence to Jose Rafael Ferreira Minaya for Malibu Restaurant Bar, located at 229 Old Kent Road, London SE1 5LU.

The granted hours are:

• Live music (indoors): Sunday to Thursday until 23:00, Friday and Saturday until 00:00.
• Recorded music (indoors): Sunday to Thursday until 23:30, Friday and Saturday until 00:30.
• Late-night refreshment (indoors): Sunday to Thursday until 23:30, Friday and Saturday until 00:30.
• Sale of alcohol (on sales): Sunday to Thursday until 23:30, Friday and Saturday until 00:30.
• Opening hours: Sunday to Thursday until 00:00, Friday and Saturday until 01:00.

A significant number of conditions were imposed, including those agreed with the Metropolitan Police Service, Trading Standards, and the Environmental Protection Team (EPT). Key conditions include:

• Installation and maintenance of a CCTV system.
• Staff training on licensing objectives, CCTV use, and a welfare and vulnerability policy.
• A Challenge 25 policy for alcohol sales, with a refusal register maintained.
• Restrictions on the use of external areas after 22:00, with a maximum of five people allowed for smoking.
• All external doors and noise lobbies to be kept closed with acoustic seals.
• A comprehensive dispersal policy to be implemented and staff trained on it.
• A sound-limiting device to be installed and maintained to control amplified sound levels.
• Spirits to be sold only in standard measures, not by the bottle.
• A limit on the maximum number of patrons allowed on the premises.
• Signage to be displayed regarding CCTV, exit routes, and a dedicated contact number for complaints.

The sub-committee noted that the applicant had agreed to conditions proposed by the police and Trading Standards. They also adopted all 11 conditions recommended by the Environmental Protection Team, acknowledging the premises' history of noise nuisance and non-compliance. The sub-committee expressed disappointment that the applicant intended to use single-use plastics after 23:00, contrary to the council's climate change strategy, but recommended the use of reusable alternatives where possible. The sub-committee also suggested the applicant improve public transport information on promotional platforms.

The application had faced objections from the Metropolitan Police Service, the council's Environmental Protection Team (EPT), and the council's licensing authority, primarily concerning the proposed hours exceeding the Statement of Licensing Policy recommendations for a restaurant in a residential area, and potential for noise nuisance and crime and disorder. Trading Standards had initially made representations but withdrew them after the applicant agreed to their conditions. The applicant confirmed that the premises primarily serves drinks with meals and is not a nightclub. The sub-committee found the EPT's conditions to be proportionate and noted that the police's proposed conditions were largely standard and some were considered overly arduous or not specifically relevant to the premises.