The Chair welcomed everyone to the meeting, ensured that introductions were made and then briefly outlined the procedure of the meeting.  

To receive any apologies for absence.

There were no apologies for absence.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Chief Executive.

Councillor Kabir Ahmed, declared a personal interest in agenda item 5.1, application for a new premises license for Perfect Chicken, 491 Cambridge Heath Road, London E2 9BU on the basis that he had visited the shop once.

To note the rules of procedure which are attached for information.

The Rules of Procedures were noted.

To confirm as a correct record of the proceedings the unrestricted minutes of the Licensing Sub-Committees held on 6^th April, 14^th April and 22^nd April 2010.

The unrestricted minutes of the Licensing Sub Committee meetings held on 6^th April, 14^th April and 22^nd April 2010 were agreed.

The order of business was varied, however for ease of reference the minutes are in the same order as in the agenda.  

At the request of the Chair, Mr Mohshin Ali, Acting Senior Licensing Officer, introduced the report which detailed the application for a new premises license for Perfect Chicken 491 Cambridge Heath Road, London E2 9BU. It was noted that objections had been received by the Metropolitan Police and Environmental Health.

It was noted that the applicant was not present at the meeting. The Clerk advised the Sub Committee that the applicant had been sent a notification letter and a copy of the agenda in advance of the meeting. However had not had any contact with the applicant and neither received any correspondences from him. In light of this information Members decided to consider the application in the absence of the applicant.

At the request of the Chair, PC Alan Cruickshank on behalf of the Metropolitan Police, referred to his statement contained within the agenda on page 67, he briefly highlighted that the hours applied for, were far too excessive, especially in a residential area with flats directly above the premises and strongly believed that extended hours would give rise to public nuisance. He stated that if members were minded to grant the application they were to consider an extension up to 12 midnight with the condition of having CCTV cameras installed.

At the request of the Chair, Mr Paul Johnson, Environmental Health Officer, explained that he too had not heard from the applicant, he agreed with PC Alan Cruickshank, that if Members were minded to grant the application that they should consider a one hour extension up to 12 midnight and include the conditions recommended in his representation on page 72 of the agenda. He stated that the operation of the premises would give rise to public nuisance in noise and smell nuisance, and the probability that nuisance would be caused by public frequenting the premises up till the early hours of the morning and people congregating outside the premises. 

Mr Johnson also raised the concern that the premises had no planning permission and that the premise is intended to be used as an office for Financial Services. However Members were advised that planning issues were separate and could not be given any consideration during a licensing hearing.

In response to questions by Members, Mr Johnson explained that the premise was currently operating as a fast food takeaway up till 23:00 hours and that there had been no complaints received by Environmental Health regarding the premises.

In response to questions regarding noise and smell nuisance, Mr Paul Greeno, Senior Advocate, explained that conditions for such nuisance would be covered under the planning regime and that an informative could be put on the license so that the applicant knew that any license granted did not override the need to obtain relevant planning consent.

At the request of Members, Mr Ali confirmed the opening and closing hours of other takeaways in the local vicinity.

Members expressed their concern that the premises did not have planning permission. However it was accepted that  ...  view the full minutes text for item 5.1

The review application was withdrawn at the meeting by PC Andy Jackson on behalf of the Metropolitan Police.