Mangualde Café 31 Leigham Court Road London SW16 2ND (Streatham Wells) Prem2198 As a responsible authority under section 13(4) of the Licensing Act 2003 as amended under the Police and Social Responsibility Act 2011, the Licensing Authority have considered your application in full. The Licensing Authority has concerns in relation to this application and how the premises would promote the following Licensing Objectives: Public Nuisance Prevention of Crime & Disorder Public Safety Protection of Children from Harm Classification of Premises within the policy Appendix 6 page 48 of the Policy describes the premises as a Restaurant/Cafe. According to the current Licensing Policy, Appendix 7 page 51, the premises is located in a Major Centre. Major Centres are important shopping and service centres and are characteristic of Inner London. Their attractiveness for retailing is derived from a mix of both comparison and convenience shopping. They usually have more than 50,000m2 of retail floor space. With sizeable local catchment areas, many of these centres have enough established cultural and entertainment facilities to keep them busy in the evenings. Areas classed as major centres for the borough are Brixton and Streatham. The premises is located in a major centre and therefore the terminal hour recommended in the Policy for premises falling within this is Friday and Saturday: 1am Sunday to Thursday: midnight. There is no specific start time recommended start time. The variation application seeks to remove the following condition from Annex 2 of the licence; 1. Alcohol shall only be served ancillary to food to those persons seated at the tables & chairs within the premises. There is no change to any current licensable activities or hours Background These premises have recently been granted a new premises licence on 2 nd April 2019, following the agreement of 24 conditions by the applicant to be added to the licence to promote the licensable objectives. Application The applicant is now seeking to remove a condition which permits alcohol to be sold ancillary to a meal and to persons seated. The Licensing Authority has concerns that the applicant has not demonstrated in their operating schedule measures they have considered to ensure the promotion of the licensing objectives if this condition were to be removed.
As a responsible authority under section 13(4) of the Licensing Act 2003 as amended under
the Police and Social Responsibility Act 2011, the Licensing Authority have considered your
application in full. The Licensing Authority has concerns in relation to this application and
how the premises would promote the following Licensing Objectives:
Public Nuisance
Prevention of Crime & Disorder
Public Safety
Protection of Children from Harm Classification of Premises within the policy Appendix 6 page 48 of the Policy describes the premises as a Restaurant/Cafe. According to the current Licensing Policy, Appendix 7 page 51, the premises is located in a Major Centre. Major Centres are important shopping and service centres and are characteristic of Inner London. Their attractiveness for retailing is derived from a mix of both comparison and convenience shopping. They usually have more than 50,000m2 of retail floor space. With sizeable local catchment areas, many of these centres have enough established cultural and entertainment facilities to keep them busy in the evenings. Areas classed as major centres for the borough are Brixton and Streatham. The premises is located in a major centre and therefore the terminal hour recommended in the Policy for premises falling within this is Friday and Saturday: 1am Sunday to Thursday: midnight. There is no specific start time recommended start time. The variation application seeks to remove the following condition from Annex 2 of the licence; 1. Alcohol shall only be served ancillary to food to those persons seated at the tables &
chairs within the premises. There is no change to any current licensable activities or hours Background These premises have recently been granted a new premises licence on 2nd April 2019, following the agreement of 24 conditions by the applicant to be added to the licence to promote the licensable objectives. Application The applicant is now seeking to remove a condition which permits alcohol to be sold ancillary to a meal and to persons seated.
The Licensing Authority has concerns that the applicant has not demonstrated in their operating schedule measures they have considered to ensure the promotion of the licensing objectives if this condition were to be removed.
This application has been submitted less than 6 months since it was first granted. All 24 conditions agreed by the applicant were considered appropriate for this type of premises and its location.
This premises is based in a busy night time economy and public protection concern that allowing this premises to sell alcohol without a table meal will have a detrimental effect in Streatham. The removal of the condition will change the nature of the premises to become an alcohol led premises whereby alcohol can be sold to anyone without being seated and without an accompanying meal. This could have a negative impact on the residents living in the area and it may lead to the following issues:
ASB, nuisance and criminality from customers as well as those targeting customers
Loitering – littering and urination.
Noise nuisance from patrons. The licensing service has received complaints alleging that customers are buying alcohol without food and that alcohol is being consumed on the tables and chairs at the front of the premises outside of the licensable area. A picture has been provided below which evidences a number of alcoholic bottles consumed outside the premises. There have also been allegations of public safety issues at the front of the premises being congested, meaning that those walking past have to step into the road to get past. These allegations indicate a number of breaches to the recently granted premises licence. It is noted that the current licence allows for the On sales of alcohol only within the licensable area only denoted with a red line on the plan attached to the licence. No consumption of alcohol off the premises is permitted including the seated exterior area at the front of the premises.
Summary The application and operating schedule does not contain any information as to how this would be managed. The premises have recently had a licence granted and the authority has concerns that licence holder has already breached the condition sought for removal and by having alcohol consumed outside the licensed area for these premises. It is therefore recommended that the application is refused as the applicant has already breached the condition and has provided insufficient evidence to demonstrate that the application will not have a negative impact on the licensing objectives within the area.
Bina Patel Licensing Manager 25th September 2019
From: ⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛
Sent: 15 August 2019 15:42To: Licensing <[email protected]>Subject: Re: Formal objection to application 19/00248/PRMVAR
Hi Sarah,
Thank you for your email and taking the time to clarify.
My objection is with reference to all the licensing objectives as stated in your email.
Incident example #1: 08/08/19There were between 4 - 6 men hanging outside the premises (and to the right of the outside tables the cafe, nearer 33 Leigham Court Road). They were there for quite some time, 1 hour+. A few were shouting and at times physical towards one group member. Tensions were high. The aggressive and intimidating situation made people cross the street to get past them and then crossing over the street again (including families with young children, an elderly man and numerous other pedestrians).The police arrived yet the men were gone by then. It is my understanding that the police would have a log of this. It wasn’t us who called them.
Incident example #2: 04/07/19A number of men were drinking outside the premises of Mangualde Cafe, some seated - others not. There weren’t enough chairs for everyone. A little later some people were shouting, a guy was in a verbal argument with one of Mangualde Cafe’s customers. The guy was making a point that the customer’s are taking up too much of the pavement and how are people meant to get past with them all standing around. This man was with a women who was pushing a bugging with a child in it. It was a heated argument.
Both incidents above were obvious enough for everyone at the bus stop (which is a fair way down the road) and beyond to know something was up. Both incidences happened outside the cafe (and in part outside 33 Leigham Court Road). The police should have a record that verifies at least one of the above my statements and additionally there’s also the cafe’s CCTV as detailed as part of the license conditions.
Furthermore, it is politely asked that you exercise due diligence as the premises is already in breach of their licence (The licence was only recently issued (02 Apr 2019)).
"Condition1. Alcohol shall only be served ancillary to food to those persons seated at the tables & chairs within the premises."https://planning.lambeth.gov.uk/online-applications/licencingApplicationDetails.do?activeTab=conditions&keyVal=PVLWPMBO09900
Photographic evidence of example breach of conditions. IMG_4449.JPGPlease note: 1. No food 2. Not seated "within the premises”
Best wishes,⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛
1
Sarah G Williams
From: Lisa HallSent: 21 August 2019 17:32To: Sarah G WilliamsCc: LicensingSubject: Prem2198 - Mangualde Café, 31 Leigham Court Road, London SW16 2ND
(Streatham Wells) Representations by: 27/08/2019 (Variation)Attachments: brl-redacted app form - Prem2198.pdf; brl-unredacted app form - Prem2198.pdf;
The lawful use of the premises is as an A1 (retail). An enforcement notice was issued on the 27 November 2017. The requirements of the enforcement notice were as follows;
a) Cease the unauthorised A3 use of the premises; andb) Remove the unauthorised air conditioning unit from the premises; andc) Remove all associated waste and debris resulting from compliance with the above steps, fromthe premises.
The notice was due for compliance three months after the notice took effect.
A site visit on the 29 May 2019, confirmed that the all requirements of the notice had been met. Following previous visits, the owner had removed the ovens from the premises. The menu boards and menus had been revised to remove the sale of hot food. The property is now operating as a A1 unit, as such, the use as an unauthorised A3 has now ceased (in compliance with requirement a)). The unauthorised air conditioning unit had been removed from the rear wall. The unauthorised use had cease and the air conditioning unit had been removed , in addition all associated waste and debris have been removed from the site. As such, all requirements of the notice have been complied with.
The property was operating as an A1 (retail) use, as such the enforcement case was closed. The property remains in A1 (retail).
*** The permitted use of the property is an A1 (retail) use, if the owner wishes to change the use they must submit a planning application. If the owner would like to discuss the submission of an application I would suggest they contact the planning department who process the applications on 020 7926 1180 ***
Thanks,
Lisa Hall Planning Enforcement Officer Planning, Transport and Development Growth, Planning and Employment Directorate London Borough of Lambeth
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From: Planning Enforcement Sent: 02 August 2019 14:07 To: Angela Lewis <[email protected]> Cc: Lisa Hall <[email protected]> Subject: FW: Prem2198 - Mangualde Café, 31 Leigham Court Road, London SW16 2ND (Streatham Wells) Representations by: 27/08/2019 (Variation)
Hi Angela – can you please make this up for Lisa.
Lisa, can you please confirm in response the lawful use of the premises and forward a copy of the enforcement notice for the information of colleagues. Many thanks
Ronan McGinn Principal Planning Enforcement Officer
