The Licensing Sub-Committee of Southwark Council met on Thursday 20 June 2024 to consider an application for a premises licence for Rincon Costeno. The committee refused the application after hearing evidence that the applicant had not been entirely transparent about her connection to a previous licence holder whose licence had been revoked.

Rincon Costeno Premises Licence Application Refused

The Licensing Sub-Committee has refused an application for a premises licence for Rincon Costeno, located at Arch 146 Maldonado Walk, Eagle Yard, Hampton Street, London SE1 6SP. The application, made by Irina Elizabeth Solorzano Chango, was for a licence to sell alcohol at the South American restaurant.

The decision to refuse the licence was made after the committee reconvened a hearing that had been adjourned from 30 May 2024. The adjournment was to allow responsible authorities, including the Metropolitan Police Service and the council's licensing department, to investigate the applicant's connection to the previous owner of the premises, Pasaje Primavera. This previous establishment had its premises licence revoked in 2021 due to serious breaches of licence conditions.

During the initial hearing, the applicant stated that her aunt owned the previous premises in Brixton, which was now closed. However, it transpired that the previous restaurant in Elephant and Castle, Pasaje Primavera, which had its licence revoked, was also owned by her aunt. The applicant's initial statements to the sub-committee suggested she was not connected to the previous licence holder, which was later contradicted by her admission that her cousins and sisters would help in the restaurant.

The Metropolitan Police Service officer confirmed they were unaware of the applicant's connection to the previous licence holder until after the 30 May hearing. They stated that had they known this information earlier, they might not have agreed to the conciliated control measures. The police suggested an additional condition that individuals connected to the previous owner should not be involved in the daily running of the business.

Similarly, the officer representing licensing as a responsible authority had not received documentation for the transfer of the business premises. They also indicated that they would now request a condition barring individuals with a connection to the previous premises from operating the restaurant. The lease transfer documentation for the physical premises was only provided to the licensing authority during the 20 June hearing, leaving insufficient time for thorough enquiries.

The applicant maintained that she had not informed the responsible authorities of her connection because those individuals were not involved in the restaurant's operation. She also stated she believed the police were aware due to prior contact. When questioned about her knowledge of the four licensing objectives, the applicant responded that she did not know them. It was also confirmed that her personal licence had been issued by Lambeth Council, not Southwark.

Other residents, represented by Other person A, expressed their concerns, stating they had even less confidence in the proposed operation of the premises following the revelations. The sub-committee was also mindful of the history of the premises as Pasaje Primavera, where the licence was revoked due to breaches that undermined the prevention of crime and disorder licensing objective.

The sub-committee noted that the applicant had not been entirely transparent, which was a primary factor in the decision. They referred to paragraph 95 of Southwark's Statement of Licensing Policy 2021-2025 (SoLP), which requires documented proof of business transfer or lawful occupancy for applications where new management is claimed. The late submission of the lease transfer document meant the licensing authority had insufficient time to conduct necessary enquiries.

Furthermore, the sub-committee considered the cumulative impact of licensed premises in the Eagle Yard area. Residents from the Draper Estate and Strata SE1 tower have frequently raised issues with the council and police regarding noise and nuisance from licensed venues on Maldonado Walk, contributing to anti-social behaviour. Six of the eight railway arches between Walworth Road and Maldonado Walk are already licensed, with a concentration in a 50-metre stretch of the alleyway. The acoustic properties of Eagle Yard mean that noise travels easily, disturbing nearby residents.

The sub-committee concluded that a strong management for the premises was imperative in this challenging area and that they were not satisfied the applicant could adequately promote the licensing objectives. The applicant was informed that she could reapply in the future but stressed the importance of honesty and transparency throughout the application process. It was also recommended that she undertake further licensing training to enhance her knowledge as a personal licence holder.

The applicant has the right to appeal this decision to the Magistrates' Court within 21 days of being notified of the decision. Any person who made relevant representations and wishes to contend that the licence ought not to have been granted, or that different or additional conditions should have been imposed, also has the right to appeal.