Beckenham restaurant sends cease and desist to noise complainants
Restaurant sends legal letters to noise complainants

A family-run Italian restaurant in Beckenham has taken the extraordinary step of sending cease and desist letters to local residents who complained about noise levels from the establishment.

The Licensing Dispute

Pierluigi's, located on Beckenham High Street, has been embroiled in a bitter dispute with Bromley Council since March when authorities ordered the restaurant to reduce its music volume following multiple noise complaints from neighbours. The restaurant has been fighting this decision, arguing that music forms an essential part of its 'vibe dining' business model, which features DJ performances during weekend evenings.

The conflict escalated in August when the council's Licensing Sub-Committee rejected Pierluigi's application to maintain its current operations, ruling that the restaurant constituted a public nuisance. The restaurant immediately announced it would appeal this decision, citing what it described as 'legal misdirection, factual errors, and unfair reliance on hearsay'.

Legal Battle Intensifies

David Dadds, the legal representative for Pierluigi's, identified what he claimed were factual errors specifically related to two residents from Kelsey Park Road. These individuals had testified at the August hearing that the restaurant's loud music regularly disturbed their sleep on weekends.

The restaurant, supported by acoustic modelling evidence, argued that it was 'extremely unlikely to cause any noise disturbance' to properties on Kelsey Park Road. Mr Dadds accused the two men of changing their stated residences during the hearing, thereby 'misleading the Licensing Sub-Committee and materially affecting its decision'.

In response, Pierluigi's sent cease and desist letters to both residents, alleging their actions amounted to defamation, misrepresentation and malicious falsehood. The letters demanded the men refrain from repeating their allegations and warned that compensation might be sought if they continued.

Council Condemns 'Scare Tactics'

The legal letters became a central point of discussion at another licensing hearing in October, where Gerald Gouriet KC, representing the council's licensing and public nuisance teams, strongly criticised the restaurant's actions.

'It's obvious [the letters'] palpable purpose is to scare off two witnesses who gave evidence,' Mr Gouriet stated. 'Their supplementary purpose, I venture to say, was to frighten off anyone else who might consider coming forward.'

He described the letters as 'threats' and 'scare tactics', branding the behaviour of Pierluigi's and Mr Dadds as 'appalling'.

Peter Hopkins, one of the residents who received a cease and desist letter, spoke at the hearing, characterising the legal correspondence as a 'very upsetting legal attack'.

Restaurant Director Defends Position

Sofia Figuera Martin, director of Pierluigi's, defended the decision to send the letters, stating: 'If a resident comes and actively lies [at a hearing], why should I not exercise my right to defend myself?'

She explained: '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 claimed she faces constant defamation and character attacks, being frequently labelled as 'aggressive and intimidating'. Throughout various licensing hearings, both Bromley Council and The Met have questioned her suitability as a licence holder, allegations she vehemently denies.

'I act lawfully. I am very good at my job. I am a no nonsense businesswoman, and I pride myself on my professionalism,' Ms Martin asserted. '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.'

Mitigation Efforts and Continuing Complaints

In its most recent licence application, Pierluigi's outlined several proactive measures being taken to address concerns about noise. The restaurant is currently installing acoustic shutters costing £40,000 that will deploy at 11pm to reduce noise escaping the premises.

Ms Martin emphasised her commitment to resolving the issues: '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.'

The restaurant claims it generated virtually no noise complaints throughout the summer from neighbouring properties. However, residents maintain that problems persist, with Mr Hopkins stating he had been woken '15 to 20' times by music from the High Street this year.

He acknowledged that the volume had decreased in recent months but maintained that on all but one occasion, the disturbance originated from Pierluigi's.

The dispute continues as both sides prepare for the upcoming appeal process, with no immediate resolution in sight for this bitter neighbourhood conflict.