The Licensing Sub-Committee of Southwark Council met on Thursday 09 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 by Carlos Fernando Delgado Armijos to vary the premises licence for Tropical, a venue located at 186-188 Old Kent Road, London SE1 5TY. The application sought to extend the trading hours for the sale of alcohol, the provision of late-night refreshment, and regulated entertainment.

The current premises licence, issued on 21 April 2016, permits the sale of alcohol until midnight, late-night refreshment until midnight, and regulated entertainment (recorded music, dance, and similar) from 8:00 PM to midnight. The venue's opening hours are from 10:00 AM to 12:30 AM.

The proposed variation would extend these hours significantly. Alcohol sales would be permitted from 11:00 AM to 2:00 AM from Sunday to Thursday, and until 4:00 AM on Fridays and Saturdays. Late-night refreshment would be available until 2:00 AM on weekdays and 4:00 AM on weekends. Regulated entertainment, including recorded music and dance, would also be permitted until 2:00 AM on weekdays and 4:00 AM on weekends. The proposed opening hours would be from 10:00 AM to 2:30 AM on Sundays to Thursdays, and until 4:30 AM on Fridays and Saturdays.

The application was subject to representations from several responsible authorities:

• Metropolitan Police Service (Licensing Division): PC Ian Clements raised objections based on the proposed hours exceeding those recommended in the Southwark Statement of Licensing Policy^[1]. The police noted that the requested hours were more aligned with a nightclub than a restaurant/bar and expressed concerns about the potential impact on the licensing objectives of preventing crime and disorder, public nuisance, and protecting children from harm. They also highlighted a lack of restriction on the sale of high-strength spirits by the bottle or half-bottle, which had been a historical issue in the area.
• Trading Standards: Ray Moore submitted a representation focusing on the prevention of crime and disorder. Trading Standards requested the addition of two specific conditions to the operating schedule:
  • That no spirits (liquids containing more than 20% ABV) are to be sold by the bottle or half bottle.
  • That all spirits (liquids containing more than 20% ABV) should be sold in measures of 25ml or 35ml, with a maximum of two measures per container/glass.
• Licensing Authority: Wesley McArthur, on behalf of the Licensing Unit, also objected. The representation detailed the premises' licensing history, including a previous application to extend hours that was refused by the licensing sub-committee in October 2018 due to breaches of licence conditions and the applicant's failure to attend the hearing or engage with responsible authorities. The Licensing Unit argued that the proposed hours were inconsistent with the premises being a restaurant/bar and were inappropriate for a residential area, potentially leading to increased nuisance, crime, and disorder. They also noted that the premises already operated later than recommended by the council's policy.

The report pack also included details of the premises' history, including previous licence variations, warnings issued for breaches of licence conditions, and a list of Temporary Event Notices (TENs) submitted by the applicant. It was noted that the premises lay outside a cumulative impact area, but the surrounding area was considered residential, with recommended closing times of 11:00 PM for restaurants and cafes, and nightclubs deemed inappropriate.

The report also outlined the policy framework implications, referencing the Southwark Statement of Licensing Policy 2021-2026^[1], the Section 182 Guidance^[2], and the principles for making determinations under the Licensing Act 2003.

There were no representations from other persons. The report indicated that no conciliation had taken place between the applicant and the responsible authorities at the time of its compilation.