Pierluigi’s in Beckenham High Street has been embroiled in a battle over its premises licence for months
A Beckenham restaurant has defended its decision to send cease and desist letters to residents that made representations against it at a licensing hearing. Pierluigi’s in Beckenham High Street has been embroiled in a battle over its premises licence since Bromley Council demanded the restaurant turn down the volume of its music following multiple noise complaints.
The family-run Italian restaurant has been fighting the March decision, claiming music is essential for its “vibe dining” business model which involves customers listening to a DJ on weekend evenings while enjoying their meal. Pierluigi’s has submitted two new licence applications since then. The first was refused in August after Bromley Council’s Licensing Sub-Committee deemed the restaurant a public nuisance.
Following the decision, the restaurant confirmed it would be appealing the committee’s decision citing “legal misdirection, factual errors, and unfair reliance on hearsay”. Pierluigi’s legal representative David Dadds explained these “factual errors” were in reference to two Kelsey Park Road residents who claimed at the August licensing hearing that the restaurant’s loud music regularly kept them awake on weekends.
Acoustic modelling commissioned by Pierluigi’s found the restaurant was “extremely unlikely to cause any noise disturbance” to the residents in their Kelsey Park Road properties. Mr Dadds also claimed the two men altered where they said they lived during the August meeting, thus “misleading the Licensing Sub-Committee and materially affecting its decision”.
Mr Dadds sent cease and desist letters to the two men on behalf of his client, stating their actions constituted defamation, misrepresentation and malicious falsehood. Pierluigi’s asked the men to not repeat the allegations, and if they did the restaurant would potentially seek compensation.
The cease and desist letters were discussed at another licensing hearing this week. After Pierluigi’s had its application refused in August, it submitted another one the following day which was heard by Bromley’s Licensing Sub-Committee on October 20.
Letters called ‘threats’ and ‘scare tactics’
Gerald Gouriet KC, the lawyer representing the council’s licensing and public nuisance teams, said: “It’s obvious [the letters’] palpable purpose is to scare off two witnesses who gave evidence. Their supplementary purpose, I venture to say, was to frighten off anyone else who might consider coming forward.”
Mr Gouriet described the letters as “threats” and “scare tactics” and called the actions of Pierluigi’s and Mr Dadds “appalling”. Peter Hopkins was one of the residents who received a cease and desist letter. He spoke again at this week’s hearing and referred to the letter as a “very upsetting legal attack”.
Sofia Figuera Martin, the director of Pierluigi’s, defended the decision to send the letters. She said: “If a resident comes and actively lies [at a hearing], why should I not exercise my right to defend myself?
“If they lie and I catch them out lying, because they openly do it in a public hearing which is recorded in front of councillors, I’m then permitted to instruct my barrister to ensure they do not lie again. It’s so important that residents come forward, but come forward truthfully.”
Ms Martin said she is “constantly defamed and slandered” and is often called “aggressive and intimidating”. Throughout the various licensing hearings, both Bromley Council and The Met have questioned her suitability as a licence holder, a suggestion she strongly refutes.
Ms Martin said: “I act lawfully. I am very good at my job. I am a no nonsense businesswoman, and I pride myself on my professionalism, so it’s actually really frustrating for me, and it angers me when they attack my character.
“They can’t attack anything else. The reason they can’t attack anything else is because I run a tight ship, because we’re not in breach of our license, because we operate the most professional establishment on that high street, and they know that.”
In its latest licence application, Pierluigi’s put forward that it was making active steps to address the concerns of residents and the authorities and these steps were having concrete effects.
Restaurant ‘going above and beyond’ to address concerns
Ms Martin said: “I’m working with the licensing team and I am going above and beyond to ensure that we are doing absolutely everything that is required of us, because I deem us to be extremely professional. That is why these changes are being made and that is why I am going and speaking to residents because it is so important keeping open lines of communication.”
The restaurant is in the process of installing acoustic shutters at the cost of £40k which will lower at 11pm and reduce the amount of sound escaping the venue. Some 12 CCTV cameras covering the restaurant’s interior have been put in place and Pierluigi’s staff have engaged in Welfare and Vulnerability Engagement (WAVE) training.
Police had requested staff to undertake the training following an alleged incident of sexual assault that took place at the restaurant on June 22. The alleged victim has since withdrawn their complaint and no charges are being pursued by the police.
In a previous licensing hearing the sub-committee witnessed video evidence, provided by police, which it felt demonstrated “a lack of responsible management on the part of the applicant and her colleagues” in relation to the June 22 incident which factored into their refusal decision.
Pierluigi’s also put forward that it had prompted almost no noise complaints over the summer from properties in its immediate vicinity. Residents on Kelsey Park Road have continued to complain, with Mr Hopkins claiming he had been disturbed “15 to 20” times by music emanating from the High Street this year.
On each of those occasions he walked from his house to find the source of the noise, and he said only once the noise wasn’t coming from Pierluigi’s. Mr Hopkins did admit that the noise had been quieter in recent months.
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