Agenda item
Application for a New Premises Licence for: Royal PFC 178a Whitechapel Road London E1 1BJ
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report, which detailed the application for a new premise licence for Royal PFC, 178a Whitechapel Road, London E1 1BJ. It was noted that an objection had been received on behalf of the Licensing Authority.
Mr Jumon Islam, a friend representing the Applicant Mr Jubel Miah, explained that the premises has been trading for the past 10 years with a premises licence for the provision of late night refreshments, however, there had recently been a change in the company operating the business . The annual licence fee was paid on 3 January 2019 and subsequently accepted by the Licensing Authority.
Mr Islam explained that the Applicant was unaware that the licence needed to be transferred over to the new company. The Applicant believed the licence was still valid as the name of the premises had remained the same.. Mr Miah explained that as soon as they were informed that the licence had lapsed they stopped selling late night refreshments. Mr Islam stated that longer hours had been applied for due to customer demand, hospital staff that work shifts and in preparation for the opening of Crossrail. It was noted that Mr Miah had SIA security accreditation and the premises had a CCTV camera system in operation.
Members then heard from Ms Samantha Neale, Licensing Officer representing the Licensing Authority, who explained that Four Brothers (UK) Limited had dissolved and there had been no transfer of licence; therefore, the licence had lapsed. When Licensing Services became aware of the lapse, it sent a warning letter to the applicant, and on 1 March 2019 at 11:20pm, a successful test purchase was made at the premises.
Ms Neale explained that the annual fee was paid, however, at the time the fee was received, the Licensing Authority’s Administration Team were not aware the company had changed and therefore a licence was automatically issued.
Ms Neale noted that the hours sought by the Applicant were longer than the previous licence. She added that the Licensing Authority had concerns that management would not be sufficiently responsible to carry out licensable activities. Ms Neale pointed out that there were fewer conditions in the operating schedule than what were in the previous licence and therefore the Applicant was not promoting the licensing objectives.
In response to questions the following was noted:
- That the Applicant had made an error by not transferring the licence.
- That longer hours had been applied for due to customer demand.
- That there had been no incidents of crime, disorder or public nuisance over the previous 10 years.
- That the annual licence fee was paid in January 2019 and the licence had been sent out by the Administration Team.
- That the premises had stopped trading beyond 11pm since 1 March 2019.
- That this premises had been the first fried chicken shop to reach Gold Star Level for Health & Safety.
- The Applicant agreed to reduce the hours applied for to the hours of the previous licence.
- There had been no complaints in relation to the premises and there were no evidence of anti-social behaviour, crime or disorder linked to the premises.
- Members suggested that a member of the management team attend the personal licence holder training. The Applicant was willing to undertake such training.
Members adjourned the meeting at 4.35pm for deliberations and reconvened at 4.55pm.
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub Committee had carefully considered the representation made by the Applicant and his friend and also heard from the Licensing Officer representing the Licensing Authority.
Members noted the errors made in the lead up to the application, however, Members also noted that the premises had been trading for the past 10 years without any problems or enforcement action. Members were of the view that a reduction in the hours applied for, to the same hours as the previous licence at the premises, was appropriate. The Applicant accepted a return to the previous premises licence hours and agreed to a further condition that management undertake licensing training.
Members were satisfied that the conditions imposed on the licence would help alleviate the concerns raised by the Officer representing the Licensing Authority and promote the licensing objectives.
Therefore Members made a decision and the decision was unanimous. Members granted the application with conditions.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Royal PFC, 178a Whitechapel Road, London E1 1BJ be GRANTED with conditions.
The Provision of Late Night Refreshments
Sunday to Thursday from 23:00 hrs to 00:30 hrs (the following day)
Friday and Saturday from 23:00 hrs to 01:30 hrs (the following day)
HoursPremisesOpentothePublic:
Sunday to Thursday from 11:00 hrs to 00:30 hrs (the following day)
Friday and Saturday from 11:00 hrs to 01:30 hrs (the following day)
Conditions
- CCTV camera system covering both internal and external to the premises is to be installed.
- The CCTV recordings are to be maintained for 31 days and to be provided upon request to either a Police Officer or an officer of any other Responsible Authority. A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained. The system will comply with other essential legislation, and all signs as required will be clearly displayed. The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.
- At all times when the premises is open, a person who can operate the CCTV system must be present on the premises, who can download the images and present on request by a Police Officer or an officer of any other Responsible Authority.
- That an incident report book be kept and record all incidents of crime and disorder associated with the premises.
- Signs to be prominently displayed both inside and outside asking customers to respect local residents and to be quiet when leaving the premises.
- A member of the management team should undergo the Personal Licence Holder training – proof of this is to be produced to Licensing Services within two months of the licence being issued.
Supporting documents:
- Royal PFC cover report, item 3.2 PDF 268 KB
- Royal PFC Appendices Only, item 3.2 PDF 1013 KB
- Warning Letter 1 - Royal PFC, item 3.2 PDF 49 KB
- Warning Letter 2 - Royal PFC, item 3.2 PDF 95 KB