Temporary Event Notices for Calabash Restaurant & Bar, 1-2 Stockwell Street, London, SE10 9JN
December 17, 2024 Licensing Sub-Committee B (Committee) Approved View on council websiteThis summary is generated by AI from the council’s published record and supporting documents. Check the full council record and source link before relying on it.
Summary
...to address significant noise and public nuisance concerns, the sub-committee refused three Temporary Event Notice applications for Calabash Restaurant & Bar and issued Counter Notices due to breaches of the premises license and failure to operate as a restaurant.
Full council record
Content
In reaching its decision, the
Licensing Sub-Committee (“LSC”) considered the
Council’s Statement of Licensing Policy, the Licensing Act
2003, the Regulations made thereunder, and the Guidance issued by
the Secretary of State under S.182 of that Act. In discharging its
functions, the LSC did so with a view to promoting the licensing
objectives of the prevention of crime and disorder, public safety,
the prevention of public nuisance and the protection of children
from harm.
Having considered all written
representations, evidence, and oral submissions, the LSC resolved
that the 3 applications be refused and
Counter Notices be issued.
Basis
of Decision
The Premises Licence holder did
not attend the hearing nor was he represented, and the hearing
proceeded in absence. The LSC were satisfied that the Licence
holder had been informed of the hearing and had been provided with
details of the online hearing and joining instructions. No messages
had been received from the licence holder prior to the hearing
regarding any difficulties with attending the hearing.
The LSC received submissions
from environmental health officers explaining attempts to engage
with the licence holder regarding the noise and public nuisance
caused and associated with the licenced premises. It became clear
to the LSC that the Licence holder was refusing to acknowledge the
noise and nuisance. The LSC heard evidence that the licence holder
was aware of the service of the noise abatement notice and ignored
and disregarded it, and officers again witnessed statutory noise
nuisance on 8th December 2024. The LSC heard that it
became impossible to have a discussion with the licence holder,
Bankole Jones, on 8th December 20204, when he accused
officers of being biased and was also abusive and
swearing.
The LSC gave significant weight
to the written representations and oral evidence by environmental
health officers. The LSC were further concerned at the extreme
nature of the loud amplified music witnessed by officers from
residential premises with floors and walls vibrating and how
officers witnessed furniture vibrating and a chair
“rolling” along the floor because of the loud amplified
music and noise from the licensed premises.
The LSC were satisfied that the
conditions attached to the premises licence were being breached and
licensable activities taking place outside permitted hours. The LSC
were further satisfied that the premises, on the basis of the
evidence before them, were not operating as a restaurant and in
breach of the premises licence, and significant noise and public
nuisance was being caused from the premises.
The LSC resolved that Counter
Notices be served and the 3 TENs applications stand as
refused.
Any party aggrieved by this
decision may appeal to the magistrates’ court within 21
days.
But no appeal may be brought
later than five working days before the day on which the event
period specified in the temporary event notice begins.
Related Meeting
Licensing Sub-Committee B - Tuesday, 17th December, 2024 6.30 pm on December 17, 2024
Supporting Documents
Details
| Outcome | Recommendations Approved |
| Decision date | 17 Dec 2024 |