Agenda item
Application for a New Premises Licence for Papa John's, 1A Westward Parade, Pepper Street, London E14 9DZ
Minutes:
The Sub-Committee was advised that the Applicant was not present at the meeting and it had not been in contact with Democratic Services or Licensing Services. It was noted that the notification letter was sent to the Applicant ten working days before the meeting via 1st class post and via email. The agenda was also sent five working days before the meeting via 1st class post and via email. Despite these correspondences, no communication had been received from the Applicant.
Members adjourned the meeting to allow the Applicant to attend. A telephone call was also made to the Applicant, however, there was no response. Members were satisfied that sufficient notice of the meeting was given to the Applicant and noted that the Applicant had made no contact with any of the relevant officers. The Sub-Committee decided to consider the application in the Applicant’s absence.
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report, which detailed the application for a new premise licence for Papa John’s, 1A Westward Parade, Pepper Street, London E14 9DZ. It was noted that there was already an existing licence at the premises. It was further noted that there were objections from officers representing the Metropolitan Police, Environmental Health and the Licensing Authority.
In the absence of the Applicant, Members of the Sub-Committee noted and considered the written application contained in the agenda.
At the request of the Chair, Ms Nicola Cadzow, Environmental Health Officer, referred to her representation on page 78 of the agenda and explained the potential impact of the noise that was likely to occur during the noise sensitive hours that had been applied for. She confirmed that there were residents in close proximity and believed that customers of the premises were likely to cause disturbance to local residents. She explained that there was not sufficient information in the operating schedule to show how the Applicant would promote the four licensing objectives and therefore suggested that the application be refused.
Members heard next from Ms Samantha Neale, Licencing Officer, who suggested that the licensed hours be reduced and further conditions imposed to strengthen the licence, if granted. She drew Members attention to her representation on pages 83 and 84 of the agenda, which detailed the proposed amendments. It was noted that the premises was in a residential area and the proposed conditions in the operating schedule were not sufficiently robust to promote the licensing objectives. Ms Neale believed that reduced hours and the addition of a condition to prohibit idling of delivery vehicles would help alleviate noise concerns.
Members also heard from PC Mark Perry, Police Licensing Officer, who agreed with Ms Cadzow’s representation and emphasised the fact that the Applicant had not turned up to the hearing and not responded to any of the officer objections. He believed the application did not have sufficient information and therefore suggested that the application be refused.
In response to questions from Members, the following was noted:
- Alexa Square was a densely populated residential area.
- There was no public transport or DLR at the later hours that have been applied for.
- There were low ambient noise levels late at night; therefore, any noise from the premises or its customers was likely to cause more impact than during the daytime.
Members adjourned the meeting at 3.10pm to deliberate and reconvened at 3.20pm.
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 licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub-Committee carefully considered all of the evidence before them including the written application contained in the agenda and the written and verbal representations from officers representing the Responsible Authorities present at the meeting.
The Sub-Committee noted that the premises in question is situated in a densely populated area. Members also noted the concerns raised by Responsible Authorities, in particular the potential noise nuisance that would occur from customers visiting the premises at the later hours of the night. The Sub-Committee accepted that customers going to the premises are likely to have come from other venues and are more likely to be intoxicated which would increase the risk of noise nuisance and anti-social behaviour.
Members noted the potential public nuisance that licensed premises may cause in an area which already experiences a high level of public nuisance and anti-social behaviour. The Sub-Committee was not satisfied that the Applicant had demonstrated through its operating schedule how it would promote the licensing objectives.
Accordingly, the Sub-Committee unanimously:-
RESOLVED
That the application for a New Premises Licence for Papa John’s, 1A Westward Parade, Pepper Street, London E14 9DZ be REFUSED.
Supporting documents: