Agenda item
Application for variation of the Premises Licence: Kivre Food Centre, 497-499 Cambridge Heath Road, London E2 9BU (LSC072/809)
Minutes:
Mr Cruse introduced the report which outlined the application to vary the existing licence by way of an extension of hours for the sale of alcohol. He understood that the application had since been modified and advised that the applicant’s representative would detail this point. Representations had been received from EH and the Police.
Mr Charalambides, on behalf of the applicant, reported that the premise was a general convenience store that also sold alcohol. With the agreement of Members, a plan of the premises was tabled that showed the main front entrance and the side entrance to the premises.
The Premises Licence holder and designated DPS and the premises manager, had a number of years experience in the retail trade. There were three full-time and several part-time members of staff and the premise was located in a mainly commercial area.
Whilst the representation from EH referred to the prevention of public nuisance, no detail had been provided in the representation except that patron access and egress may cause nuisance to the residents above. There was a terrace above the shops with the residential properties set back from the frontage. The premises was one of a number of units in a local parade located on a busy street, it was therefore difficult to see how public nuisance would arise and difficult for the applicant to provide a response.
The applicant was happy to operate a ‘Challenge 25’ age policy and provide internal staff training. With the agreement of those present, Mr Charalambides tabled a draft training template. It was also proposed that there would always be two staff on late at night, one of whom would always be a Personal Licence holder and the side entrance would be closed after 11pm. The external of the premises was well lit and CCTV was already in place both internally and externally.
The applicant wished to amend the hours sought to open from 7am on all days and close at midnight Sunday to Thursday and 2am on Friday and Saturday.
In conclusion, Mr Charalambides stated that EH comments needed to be specific to an individual premise and not general in nature. It should also be noted that they had extensive powers under other legislation. Mr Charalambides reiterated that the applicant had never had occasion to contact the police and there had been no representations or complaints from any of the Responsible Authorities.
Mr Johnston, EH officer, reported that there were residential properties above the premises with habitable rooms at the front. Whilst the applicant had addressed the concerns he had raised, he remained concerned about those matters which were outside the Applicant’s control; noise caused by patrons on entering and leaving the premises and from vehicles including horn misuse.
There were very few premises licensed to 2am and this could lead to an increase in those coming to this shop. The framework hours approved in the Council’s statement of Licensing Policy were acceptable for the sale of alcohol though he had no issue with the premises opening longer without the sale of alcohol.
No matter how well managed the premises were, it was not possible to control the noise from people and vehicles. These were valid concerns arising from his personal experience of working throughout the Borough and a number of complaints were received from residents regarding this issue of noise in relation to licensed premises.
PC Allen commented that the Police objections had been to the proposed 24 hour opening and that the hours had now been amended to those proposed by the Police, However, due to the concerns relating to youth population and related ASB matters which were an issue in this area, she asked that the Sub Committee consider that a Personal Licence holder should be present from 8pm onwards and also that the conditions related to CCTV provision should be included if the licence was granted.
In response to questions from Members, the applicant confirmed that he was happy to accept the conditions proposed by the police and that CCTV was already in place at the premises. Officers were unable to confirm the number and type of other licensed premises in the area and their hours of operation.
Mr Charalambides noted that Mr Johnston had stated that he was happy with the applicant’s response to the areas of concern that he could address and that his comments regarding vehicles had not been in the original submission. Mr Johnston appeared to be asking for a great deal to be assumed as to what might be the case.
Mr Johnston stated that he believed noise from patron access and egress was a legitimate concern and that complaints regarding this issue were received in respect of all premises serving alcohol late at night and not only from entertainment venues.
The Chair advised that the Sub Committee would now, at 7.15pm, adjourn to consider the evidence presented. The Sub Committee reconvened at 7.34pm and the Chair reported that the Sub Committee had unanimously agreed to grant the application in part.
Mr Hussain advised that Members had
RESOLVED
That the application to vary the Premises Licence for Kivre Food Centre, 497-499 Cambridge Heath Road, London E2 9BU, be GRANTED in part and subject to the following conditions:
Hours for the sale of alcohol: 08:00 to 23:00 Sunday to Thursday and 08:00 to Midnight Friday and Saturday
A digital CCTV system with time and date recording facility will be maintained with cameras covering the inside and the immediate outside of the premises to be maintained in good working order at all times.
Recording media to be retained for at least 30 days and to be readily available for inspection by the police upon reasonable request.
Authorised staff to be trained to operate the recording equipment and be competent in its operation.
Waste materials shall not be placed in the external bins during the night hours (23 00 hrs to 07 00 hrs the following day).
A personal licence holder will always be present on the premises after 20 00 hrs.
A challenge 25 policy to be implemented and maintained at all times the premises are open to the public.
The side entrance to premise to be kept shut after 23 00 hrs, except for emergency access/egress.
Supporting documents:
- CambridgeHeathRd497-499Part1, item 5.1 PDF 66 KB
- CambridgeHeathRd497-499Part2, item 5.1 PDF 127 KB
- CambridgeHeathRd497-499Part3, item 5.1 PDF 363 KB
- CambridgeHeathRd497-499Part4, item 5.1 PDF 185 KB
- CambridgeHeathRd497-499Part5, item 5.1 PDF 17 KB
- CambridgeHeathRd497-499Part6, item 5.1 PDF 79 KB
- CambridgeHeathRd497-499Part7, item 5.1 PDF 56 KB