Newtown restaurant seeks licence after lockdown breach

New managers are requesting a licence for a Newtown restaurant which had its previous licence revoked after holding a 40-person gathering during lockdown.

Modern Restaurant in Summer Lane in was reprimanded in May last year and the city council’s environmental health and licensing enforcement teams are opposing a new licence for a restaurant at the same venue called Moderna.

The restaurant is currently trading under appeal from revocation but the current licence holder has told the city council he will not be connected to the new business if the licence is granted.

Opening hours laid out in the application form are 9am to 1.30am Sunday to Thursday and 9am to 4am on Fridays and Saturdays.

This would include the sale of alcohol and late-night refreshment and the playing of recorded music until 1am week nights and 3.30am weekend nights.

What has the council said about the application?

A Birmingham City Council licensing enforcement officer said she does not “have any confidence that the applicant is capable of promoting the licensing objectives”.

She said there was a “language barrier” when she spoke to new applicant Ghebru Ghirmay and added: “I asked Mr Ghirmay a number of questions about how he would operate the business if the licence were granted, but he was unable to understand or answer me. I asked him if he could explain to me what he understood by Challenge 25.

“He was unable to explain clearly the process of Challenge 25, even though he is a personal licence holder.”

She added she suspected “licensable activity actually is and has been carried out” in a downstairs area not covered by plans submitted with the application – despite being told “no licensable activity takes place in this area”.

An environmental health officer raised concerns around “potential odour impact” of the restaurant on neighbours in an area with “significant regeneration”.

He said: “Based on the information provided, I am concerned that there will be a significant noise and potential odour impact from the kitchen extraction, potential noise from music escape from the premises, noise from patrons using external areas for smoking and noise from patrons exiting and entering the premises.

“The fundamental issue is the late hour requested. Given the location I cannot support the hours requested and my concerns could not be addressed by conditions, hence my representation.”

What has the restaurant said about their application?

In the application form, Mr Ghirmay set out how the premises would meet the objectives contained in the Licensing Act 2003.

He said: “Signs shall be placed at all exits asking customers to respect the needs of local residents and requesting they leave the premises quietly.

“The premises will adopt the Challenge 25 scheme with appropriate signage to be placed at the entrances to the premises and adjacent to the service area.

“No persons will be allowed into the premises if they are under 18 years old unless they are accompanied by an adult after 9pm.”

The Birmingham City Council licensing sub-committee hearing will be held on February 21 from 10am and can be viewed on the council’s committee meetings YouTube page.

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