The Licensing Sub-Committee of Southwark Council met on Tuesday 09 July 2024 to consider two applications related to the Licensing Act 2003. The meeting was scheduled to discuss a review of the premises licence for The Nags Head pub and a new premises licence application for Delicias Colombianas.

Review of The Nags Head Premises Licence

A significant portion of the meeting was scheduled to be dedicated to a review of the premises licence for The Nags Head, located at 231-235 Rye Lane, London SE15 4TP. The review was initiated by a local resident under Section 51 of the Licensing Act 2003, citing concerns related to the prevention of crime and disorder and the prevention of public nuisance.

The grounds for the review included allegations of excessive noise from the premises and its patrons, anti-social behaviour such as shouting and screaming, patrons vomiting outside residential properties, and graffiti. The applicant stated that previous complaints had been made to the council, and an email from a former Southwark licensing team supervisor, Andrew Heron, suggested that a licence review might be the only way forward. Representations supporting the review application were submitted by the Metropolitan Police Service and the council's licensing authority, as well as four local residents. The police representation detailed crime reports and notifications of offences served at the premises. The licensing authority's representation highlighted previous complaints and community triggers instigated due to anti-social behaviour. The residents' representations detailed issues such as excessive noise, patrons congregating on the street, drunken behaviour, and the subsequent impact on their quality of life.

The report pack outlined the premises licence details, including the licensable activities and opening hours. It also detailed the operating history of the premises, including previous Designated Premises Supervisors (DPS) and minor variations to the licence. A log of complaints and compliance visits was also provided, noting a specific instance where the premises was found to be exceeding the permitted number of customers in the smoking area after 10 pm.

The report also referenced Southwark Council's Statement of Licensing Policy 2021-2026, particularly sections relating to the four licensing objectives, cumulative impact areas, and hours of operation. The premises falls within the Peckham cumulative impact area. The report also touched upon climate change implications, community, equalities, and health impacts, noting that health impacts cannot be considered by law under the Licensing Act 2003.

The sub-committee was to consider the principles for making a determination under Section 52 of the Licensing Act 2003, which includes modifying conditions, excluding licensable activities, removing the DPS, suspending, or revoking the licence. The report emphasised that the sub-committee must act impartially and base its decision solely on licensing law, guidance, and the council's statement of licensing policy.

New Premises Licence Application for Delicias Colombianas

The committee was also scheduled to consider a new application for a premises licence for Delicias Colombianas, located at 720-722 Old Kent Road, London SE15 1NG. The applicant, Sigifredo Ramirez, described the premises as a Latin American Restaurant and Cocktail Bar, food area plus dancing space.

The application sought to permit plays, live music, recorded music, performance of dance, late night refreshment, and the sale of alcohol. The proposed operating hours were extensive, including opening until 3 am on Fridays and Saturdays.

Representations were received from four responsible authorities: the Metropolitan Police Service, the council's trading standards team, environmental protection team, and the licensing authority. The police objected to the requested hours, stating they exceeded those recommended in the Southwark Statement of Licensing Policy for a residential area. They also highlighted a closure notice issued to the premises for operating without a licence on 18 May 2024, suggesting a disregard for the licensing process. The trading standards team's representation focused on the protection of children from harm and initially recommended conditions related to age verification and staff training. They also reported witnessing the premises operating without a licence and seized illicit tobacco and alcohol. The environmental protection team raised concerns about public nuisance due to the proposed late hours and the proximity of residential properties above and adjacent to the premises. They recommended a suite of conditions to mitigate noise and odour. The licensing authority's representation also related to the prevention of crime and disorder, public safety, and the prevention of public nuisance, recommending reduced operating hours and a comprehensive set of conditions.

The report noted that the premises previously held a licence (number 6427) for similar activities, which was surrendered in December 2023. It also detailed eight temporary event notices (TENs) submitted since March 2024. No complaints had been received regarding the premises, but compliance visits on 18 May and 8 June 2024 found the premises operating without a licence and later closed.

The report referenced Southwark Council's Statement of Licensing Policy 2021-2026, noting that the premises is situated in a residential area and that recommended closing times for restaurants and cafes in such areas are 11 pm daily. The sub-committee was to consider the principles for determining the application, including whether it was necessary to modify conditions, exclude licensable activities, refuse the application, or impose further conditions to promote the licensing objectives. The report also included details of the applicant's proposed operating schedule and steps to promote the four licensing objectives.