Agenda item

Application by Vitor Sebastiao Aleixo Pedroso for a Premises Licence for 'Manos Grill' (1026 Harrow Road, London, NW10 5NN) pursuant to the Licensing Act 2003

The application for a premises licence is to be permitted to provide recorded music, the supply of alcohol and refreshments from 08.00 until 23.00 Monday to Thursday and until 02.00 the following day Friday and Saturday and from 10.00 until 23.00 Sunday and for the premises to be open from 07.00 Monday to Saturday and from 10.00 Sunday.

Decision:

that the application by Vitor Sebastiao Aleixo Pedroso for a Premises Licence for ‘Manos Grill’ (1026 Harrow Road, London, NW10 5NN) pursuant to the Licensing Act 2003 be granted.

 

that the following hours for the provision of licensable activities be agreed:-

 

(a)     that the hours during which the applicant is permitted to supply late night refreshment as set out in Box L of the operating schedule be:

 

Friday and Saturday – 23.00 to 00.00

 

(b)     that the hours during which the applicant is permitted to supply alcohol as set out in Box M of the operating schedule be:

 

          Monday to Thursday – 08.00 to 23.00

          Friday and Saturday – 08.00 to 00.00

          Sunday – 10.00 to 23.00

 

(c)     that the hours during which the applicant is permitted to remain open to the public as set out in Box O of the operating schedule be:

 

          Monday to Thursday – 07.00 to 23.30

          Friday and Saturday – 07.00 to 00.30 (the following day)

          Sunday – 10.00 to 23.30

 

The application under Box F of the operating schedule (recorded music) was refused.

 

The Alcohol and Entertainment Licensing Sub-Committee (B) acknowledged the concerns raised by residents with regard to noise and public nuisance in a residential area.  However, it felt these could be addressed by restricting the hours of licensable activities and by not permitting recorded music.  It was noted that the applicant had indicated that they intended to play background music only and therefore did not need recorded music as a licensable activity on the premises licence.

Minutes:

Interested Parties Making Representations

 

James Price (local resident)

Iman Harb, M. Morgan, Koulla Rousou, P. French and one other local resident (name not disclosed) made written representations, but were neither present nor represented at the meeting.

 

Applicant and Applicant’s Representative

 

Manuel Rocha (applicant’s representative)

Vitor Sebastian Alexio Pedro, the applicant, attended in support.

 

 

Alan Howarth (Health Safety and Licensing Manager) introduced the matter and drew Members’ attention to the requests made in the application.  He confirmed that he had received a letter from the police confirming that their representation had been withdrawn after agreeing conditions to be attached to the licence with the applicant.

 

Interested Parties Making Representations

 

James Price (local resident) began by stating that the application, if granted, would mean the premises opening much later than other licensed premises in the area and he expressed concern that the nature of the premises would fundamentally change from being a restaurant to a late night bar.  Members heard that the premises currently closed at 10.30pm and if these times were retained and the premises remained a restaurant, that this would be acceptable.  James Price stated that the premises were located in a quiet, residential area and it would not be appropriate to give approval for it to become a late night bar and he expressed concern that it could set a precedent for similar applications in the area.  James Price confirmed that he lived just two doors down from the premises and that noise, including those from customers smoking outside, was a concern, especially as he left home for work early each day.

 

Councillor Gupta sought clarification concerning complaints made about noise before the present owner had acquired the premises which he noted was not presently sound insulated.  He enquired about opening times for other licensed premises in the area and whether they provided music.  He also asked whether customers making noise outside the premises was a problem now and what the width of the pavement outside the premises was.  The Chair also sought further clarification with regard to any present noise issues.

 

The question was also posed as to whether it would be acceptable if provision for recorded music was not included on the premises licence, in view that the applicant may only be intending to play background music.

 

In reply, James Price stated that there noise from the premises or customers standing on the pavement outside was not presently a problem, however if the premises opened later, there would be concerns that this could lead to excessive noise late at night, especially on the pavement as there was no smoking area within the licensed area.  Under the previous owners, there had been incidents of excessive noise when the premises had operated as a bar.  James Price added, however, that the applicant had indicated that they did not intend to play amplified music.  The Sub-Committee heard that other licensed premises in the area closed around 10.00 - 10.30pm, apart from a large public house approximately 500 yards from the premises which opened later and was licensed to play live music and another similar establishment a further distance away.  James Price estimated the width of the pavement outside the premises to be approximately two metres wide.  James Price stated that if the music element of the licence was not included, then concerns would be restricted to noise from customers entering and leaving the premises and he indicated that a closing time of 10.30 Sunday to Thursday and at 00.00 Friday and Saturday would be acceptable to him.

 

The Sub-Committee then considered the written representations from Iman Harb, M. Morgan, Koulla Rousou, P. French and one other local resident (name not disclosed).

 

Case for the Applicant

 

Manuel Rocha (applicant’s representative) stated that the applicant had recently acquired the premises, with Manos Grill opening about 3 months ago and there was no connection with the previous owner.  He explained that the premises intended to attract a Portuguese clientele and that it was normal for such a community to eat and drink later, especially at weekends.  Members heard that the applicant was keen to meet with local residents to address any concerns on a monthly basis.  Manuel Rocha stated that the sale of alcohol was an essential element to the success of the business and there was no intention for the premises to become a public house or to provide dancing facilities.  The applicant was willing to work with residents and the Council and he would ensure that customers left the premises swiftly and quietly.  It was also intended to make considerable investments in facilities to ensure that high standards were met.  Manuel Rocha confirmed that the applicant was happy to withdraw the music element of the application and later hours were sought on Friday and Saturday as these were weekend nights.

 

Councillor Gupta highlighted that the late hours applied for, particularly on Friday and Saturday, was of concern to residents and he sought further comments in respect of this.  He enquired whether customers of other nationalities would also be visiting the premises. 

 

Clarification was also sought with regard to what hours had been agreed with the Police.

 

In reply, Manuel Rocha stated that noise in the area was caused by other bars and pubs in the area and traffic was also a contributing factor.  He suggested that as most customers on the premises would be eating, this would mean they were less likely to become intoxicated.  He confirmed that the applicant wished to provide background music only and he understood this to mean that music cannot be heard outside the premises.  Members noted that most customers were likely to be Portuguese and that it had a capacity of 35 people.  Manuel Rocha stated that the hours agreed with the Police were to supply alcohol until 23.00 Sunday to Thursday and until 01.30 the following day Friday and Saturday, with opening times being until 23.30 Sunday to Thursday and until 02.00 the following day Friday and Saturday.

 

Decision

 

At this point, the interested party, the applicant and the applicant’s representative were asked to leave the room to allow the Sub-Committee to consider the matter in private.

 

that the application by Vitor Sebastiao Aleixo Pedroso for a Premises Licence for ‘Manos Grill’ (1026 Harrow Road, London, NW10 5NN) pursuant to the Licensing Act 2003 be granted.

 

that the following hours for the provision of licensable activities be agreed:-

 

(a)     that the hours during which the applicant is permitted to supply late night refreshment as set out in Box L of the operating schedule be:

 

Friday and Saturday – 23.00 to 00.00

 

(b)     that the hours during which the applicant is permitted to supply alcohol as set out in Box M of the operating schedule be:

 

          Monday to Thursday – 08.00 to 23.00

          Friday and Saturday – 08.00 to 00.00

          Sunday – 10.00 to 23.00

 

(c)     that the hours during which the applicant is permitted to remain open to the public as set out in Box O of the operating schedule be:

 

          Monday to Thursday – 07.00 to 23.30

          Friday and Saturday – 07.00 to 00.30 (the following day)

          Sunday – 10.00 to 23.30

 

The application under Box F of the operating schedule (recorded music) was refused.

 

 

The Alcohol and Entertainment Licensing Sub-Committee (B) acknowledged the concerns raised by residents with regard to noise and public nuisance in a residential area.  However, it felt these could be addressed by restricting the hours of licensable activities and by not permitting recorded music.  It was noted that the applicant had indicated that they intended to play background music only and therefore did not need recorded music as a licensable activity on the premises licence.