Bottomless brunches at popular Sutton restaurant ‘made the building shake’

A popular Sutton restaurant has been stripped of its live music license following a complaint that it ignored council orders to reduce noise.

The license review was brought forward after the upstairs neighbor said the noise was preventing her from providing tuition to her students.

As well as the alcohol licence, the Spaghetti Tree restaurant in Sutton’s Station Parade had a license to play live music.

Although it played “background” music throughout the week, it played live music for most of Saturday as part of its brunch and evening entertainment offerings.

According to Faye Tuncer of the Kip McGrath Learning Center above the restaurant, this music made the building vibrate.

An officer from Sutton Council told the licensing sub-committee last week (May 14) that it was so loud you could “clearly hear the lyrics playing”.

Tuncer, who has since been forced to leave the property, told the committee: “My business was going well, but I couldn’t continue because I couldn’t work on Saturdays. You have to be consistent to keep up with holiday education, I was hoping it would stop but it didn’t.”

She told the committee she could hear music throughout the week, but it would be noticeably loud on Saturdays when the restaurant held its “Bottomless Brunch” and evening drinks that ended at midnight.

This noise would come from the live music, consisting mainly of singers, and the “background” music played in the restaurant.

The Italian restaurant, which was granted its license in 2005, had previously been withdrawn for a review in October 2021 following noise complaints.

Following this review, the restaurant was required to have a noise limiter fitted to the main sound system, which would cause the music to be cut off if it was deemed too loud.

However, there were numerous delays in fitting the silencer and it took another two years before it was properly fitted and compliant.

In addition, the committee heard how, although the limiter was fitted to the main PA, it was not fitted to the loudspeaker playing the ‘background’ music.

Daniele Romano (licensee) deemed it not applicable to this speaker.

Tuncer went to say, “It was quiet and then suddenly you hear loud music playing.

“I moved into the premises in October 2021 and it was not mentioned to me that there would be any disturbance.

“I tried to negotiate with Romano when I first moved in and explained the nature of my business, which the owner and agent knew. I felt like no one was listening to me because I’m just a woman working with young people to try to give them a better chance in life.”

The commission also heard how she tried to negotiate with Romano and asked him not to start the music until after 5pm, when she finished school.

However, she feels she was met with a hostile response and no changes were made.

She said she felt intimidated by Romano and his customers downstairs. She also told the committee: “He actually put another speaker right on top of the back wall and said he was going to throw me out of the building and that’s what he did.”

Tuncer added: “I’ve never experienced anything like this, it was a very sudden experience to leave after making this complaint because once I made it I knew my safety was at risk.

“I didn’t want to be in the zone and I still don’t want to be in the zone.”

Licensing officers at Sutton warned Romano about the noise levels, however, they said he ignored them and made no effort to fix the problem.

Officers also attended the premises several times to discuss the matter with Romano.

Hannah Smith, an environmental protection officer who visited the premises, heard firsthand the extent of the noise from the premises.

She said: “The volume of the music made the building vibrate, putting my hand on the floor I could feel the vibrations coming through the building. I could clearly hear the lyrics of the song being sung.”

Romano, who was present at the meeting, said he was sorry to be here again and added, “I’m very sad to hear what was said.”

However, he disputed what he claimed was Tuncer’s lack of communication with him regarding her concerns.

He said: “I heard this notice and I was shocked because I hadn’t heard anything from anyone about the noise.”

He told the committee he had only one interaction with his neighbor during the entire time she was upstairs.

This interaction came in the wake of a Saturday Brunch where the music disrupted the schooling.

He said: “There was one time when the complainant came to the restaurant, before the previous hearing.

“I was outside the front door and she walked into the restaurant and pushed three women off the dance floor aside and took the microphone from my singer; after falling to the floor and twisting his ankle.”

“Being shocked by the event, I had to escort her out of the premises. That’s the only interaction we’ve had with the neighbor above, which is pretty disheartening because we’re not that kind of people.”

Asked if they might cut back on Saturdays, Romano said brunches “saved” them after a tough time during COVID and that it was now their busiest day.

He also told the committee how he had previously made other concessions, such as closing the front doors to ensure noise would not escape into the street.

After hearing input from Environmental Protection Officers Romano, Tuncer and Sutton, the subcommittee decided to ban the restaurant from playing live music at any time.

However, playing background music is still allowed.

The restaurant, which has another branch in Walton-on-the-Hill, Surrey, can still play live music if granted a temporary notice.

However, any music played in this case must be subject to a sound limiter.