Agenda item
Variation of premises licence application - Agah, 43 Commercial Street, London E1 6BD
Minutes:
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 merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance, the prevention of crime and disorder, and public safety.
Mohshin Ali, Licensing Officer introduced the report and referred Members to the various appendices within the report. He reminded Members of the licensing objectives and offered to answer any questions the Members may have in relation to this application.
Members heard from Mr Stewart Gibson (Licensing Agent for the applicant) who firstly offered the Applicant’s apologies for non-attendance before proceeding to explain why the Applicant had sought a variation of the licence.
Mr Gibson stated the application to vary could be seen in three parts: 1) to allow for the consumption of food and alcohol outside the premises; 2) to extend the hours in which the licensed premise operates and 3) a licence for late night refreshment.
Mr Gibson said the request for ‘off sales’ was with respect to the outside seating area and the applicant had applied for a table and chair licence which would cease at 10:00 p.m. Therefore his client accepted the condition stated in the Licensing Authority’s letter of 4th September, that the sale of alcohol should be ‘on sales only and ancillary to a sit down meal’ would apply to the outside seating area too.
With respect to the opening hours of the premises the applicant was seeking to extend the hours to 02:30 a.m. hours the following day, seven days a week. Mr Gibson explained the reason for requesting this extension was to allow the business to cater for private functions on the lower ground floor, with entertainment being provided until 01:00 a.m. the following day. Mr Gibson stated his client had offered up a condition that there would be ‘no entry for patrons after midnight’ so external people who had not had a meal at the restaurant would not be allowed entry.
With respect to the late night refreshments, this would allow for hot food to be served to patrons and any alcohol would be ancillary to food until 02:00 a.m. the following day. The applicant also sought to provide late night entertainment throughout the week until 01:00 a.m. the following day. In giving consideration to the licensing objective ‘Prevention of public nuisance’ Mr Gibson argued that because the private functions would be on the lower ground floor noise pollution would be limited and entertainment would be secondary to patrons enjoying a meal. On occasions the restaurant wanted to provide live entertainment for private pre-booked functions, with traditional Turkish music and dance. Mr Gibson stated his client was happy to work with the Environmental Protection team to ensure ‘noise limiters’ were installed and entry would not be permitted after 12:00 midnight to the lower floor. In addition he stated that as the outside area would be cleared by 10:00 p.m. all doors and windows would be closed at this time, thus limiting noise from any entertainment provided.
Mr Gibson made reference to the objections raised by the responsible authorities that the current licence was granted 3 months ago at the end of May 2017 and therefore a variation ought not to be granted. He referred Members to Page 94 of the agenda and said it was now 5 months since the restaurant was operating and there had been no complaints at all. It was a well-run premises that had demonstrated it can operate safely. It was mere conjecture on part of the responsible authorities that if the premises are allowed to open later i.e. until 02:30 a.m. this would compromise the licensing objectives. Mr Gibson stated that presently there was two door staff on duty Friday and Saturday however if the licence was granted it would mean there would be two SIA door staff seven days a week, thus preventing crime and disorder, as the streets would be safer.
Mr Gibson continued that the restaurant’s dispersal policy would require patrons to book taxis from their tables and those walking would be ushered to move along quickly and quietly from the restaurant. Mr Gibson stated the premises are covered by 4 CCTV cameras to which the responsible authorities could have access at any time. He also pointed out that no objections had been raised by local residents and therefore the application to vary the licence should be granted.
To counter the Applicant’s submission, PC Mark Perry for the Metropolitan Police stated the late opening of the restaurant would add to crime and disorder in the area, as the premises are in the Cumulative Impact Zone (CIZ). PC Perry referred Members to Pages 77 – 80 of the agenda and stated that all but one licenced premises finished by 12:00 midnight and therefore it would set a wrong precedent for this restaurant to operate beyond its existing licence of 23:30 hours Monday to Thursday and Sunday and 01:00 a.m. Fridays and Saturdays.
PC Perry stated if the restaurant was to open until 02:30 a.m. Mondays to Sundays this would mean customers would have another 2½ hours to consume alcohol. In addition the Applicant has stated on page 60 of the agenda that entertainment would be provided by DJ’s for private events. There is demand for venue spaces to be rented and as such there is concern the basement area would be hired out to DJ’s for dance parties rather than meals and light entertainment. This would cause anti-social behaviour and is a cause for concern. Furthermore the condition offered -i.e. no entry after midnight appears to be more of a condition a club would offer than a restaurant. PC Perry stated the Applicants effort to prevent noise, when patrons were leaving was noteworthy however disturbance in the early hours of the morning was inevitable for residents who lived in the area. PC Perry stated the application to vary the licence should be rejected on the basis that it had only been 3 months since the licence was granted and as such time was required for it to operate, up to a year, before any variation should be considered.
Catrina Marshall, Licensing Officer referred Members to pages 93-95 of the agenda and stated the Licensing Authority considered 3 months since the granting of the current licence to be an insufficient period to judge the impact of the restaurant on the area and residents. She stated the premise was in the CIZ and consideration had to be given to the licencing objectives. She reiterated the condition that “off sales are permitted only to customers seated in the outside seating area partaking in a substantial table meal” and had no objection to condition 6 being changed “from Challenge 21 to Challenge 25 plus bringing the regulated entertainment permitted hours in line with the hours granted for other licensable activities.”
Mr Christopher Lloyd representing Mr Jon Shapiro stated the granting of the variation would be in breach of the CIZ, and would merely encourage other local restaurants to apply for extended hours, which would clearly impact on the CIZ. In addition he stated whilst he understood the commercial pressures to open late there would hardly be demand for meals until 2:30 a.m. It was absurd an extension should be granted so soon after their previous licence application.
Mr Mohshin Ali, Licensing Officer also reminded Members to note the written objections of the Environmental Protection Noise team – Page 90.
Members of the Sub-Committee asked the following questions:
· Can you describe the nature of events the Restaurant will hold and why the applicant has decided to seek a variation so soon after the original licence was granted?
Mr Gibson responded that the intention was to make the lower ground floor useable and for it to be operational in the run up for Christmas, because the restaurant could potentially benefit from private party hires.
· What is the capacity of the restaurant?
It can hold 60 people in the lower ground floor and 90 in the restaurant.
· How will the Applicant deal with additional people who might attend the restaurant?
Mr Gibson said it will be for private hire and functions and therefore no one after 12:00 midnight would be allowed in. Alcohol will be ancillary to patrons taking a substantial meal.
· Has there been any crime or disorder reported in relation to the premises?
PC Perry stated no incidence had been reported however if the business was intending to expand it would be better for it to apply for Temporary Event Notices (TENS) to gauge the interest before expanding. Further the Applicant has made clear in this application the use of DJ’s and this suggests it would be operating as a mini club rather than a restaurant.
Both the Applicant’s representative and the Objectors summarised their points before the Members adjourned to make their decision.
Decision
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a Variation of a Premise Licence for Agah Turkish Restaurant, 43 Commercial Street, London E1 6BD be REFUSED subject to the following reasons:
There should be no variation to the existing licensable opening hours, as the business needed to demonstrate it could operate sufficiently under the existing licence.
No ‘off sales of alcohol would be permitted unless customers seated in the outside seating area are partaking in a substantial table meal’, with a maximum of 25 people allowed in the seating area until 22:00 hours.
That the conditions as outlined in the Operating Schedule – at pages 33 -35 points 6.0 to 6.15 shall apply as drawn.
That condition 6.6. is agreed that Challenge 21 should be replaced with Challenge 25.
The sale by retail of alcohol(on sales only)
- Monday to Thursday from 12:00hrs (midday) to 23:00hrs
- Friday and Saturday from 12:00hrs (midday) to 00:30hrs the following day
- Sunday from 12:00hrs (midday) to 23:00hrs
The Provision of Late
Night Refreshment - indoors
- (Monday to Thursday – None)
- Friday and Saturday from 23:00hrs to 00:30hrs the following day
- (Sunday – None)
The Provision of Regulated Entertainment - Indoors
(in the form of Recorded Music )
- Monday to Thursday from 12:00hrs (midday) to 23:00hrs
- Friday and Saturday from 12:00hrs (midday) to 23:30hrs
- Sunday from 12:00hrs (midday) to 22:00hrs
(Anything of a Similar Description to Live Music, Record Music or Performances of Dance)
- Friday to Sunday from 12:00hrs (midday) to 22:00hrs
The opening hours of the premises
- Monday to Thursday from 07:00hrs to 23:30hrs
- Friday and Saturday from 07:00hrs to 01:00hrs the following day
- Sunday from 07:00hrs to 23:30hrs
Operating Schedule Conditions
6.1 All current conditions to remain on the licence except condition 2, and the alteration to condition 6.
6.2 The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal
6.3 Two SIA staff to be employed from 8pm until closing Friday and Saturday
6.4 The CCTV system shall incorporate a recording facility and any recordings shall be retained and stored in a suitable and secure manner for a minimum of 31 days.
a) A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained.
b) The correct time and date will be generated onto both the recording and the real time image screen.
c) The system will comply with other essential legislation and all signs as required will be clearly displayed.
d) The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.
e) There must also be someone on the premises who can download the images and present them on request by a police officer or other responsible authority
f) A camera to be placed outside the entrance and on entry
g) If the CCTV equipment (Including any mobile units in use at the premises) breaks down the Premises Licence Holder shall ensure the designated premises supervisor, or in his/her absence other responsible person, verbally informs the Licensing Authority and the Police as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and shall include the time, date and means this was done and to whom the information was reported. Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay. The Licensing Authority and the Police shall be informed when faults are rectified.
h) The premises Licence holder shall ensure that there are trained members of staff available during licensable hours to be able to reproduce and download CCTV images into a removable format at the request of an authorised officer of the Licensing Authority or a constable.
i) There shall be clear signage indicating that CCTV equipment is in use recording at the premises during all trading hours.
6.5 An incident book will be kept at the premises which will record all refusals of the sale of alcohol, all disorder and crimes that occur either in the premises or involve the premises’ customers or any other incident of note. The book shall be available for inspection at the premises by the police or an authorised officer of the licensing authority at all times whilst the premises are open.
6.6 The premises will operate a Challenge 25 policy and all those who look under 25 years of age will be asked for proof of age. There will be Challenge 25 signs at the bar. If the customer is unable to provide identification then no sale shall be made. Any staff member who may be under the age of 18 must call a senior staff member to take over the sale and complete the transaction.
6.7 If it is known that a customer intends to purchase alcohol to provide to minors then that sale will be refused. All refused sales will be recorded in a refusals book, which will be made available for inspection by Police or Licensing Officers of the council on request.
6.8 The premises will clearly display operational hours
6.9 Staff will be trained on Licensing and Health and Safety legislation. Training will be an ongoing part of staff development and will be fully documented
6.10 The premises will have a clear evacuation procedure in case of a fire
6.11 Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly. Patrons will be moved on from outside of the premises
6.12 The premises will clear bins only during permitted hours and no waste or recyclable materials, including bottles, shall be moved, removed from, or placed in outside areas between 23:00 hours and 08:00 hours the following day, so as not to disturb the neighbourhood
6.13 The premises shall not cause any noise pollution so as not to disturb the neighbourhood
6.14 Adult supervision at all times for young children.
6.15 All staff will be fully trained in their responsibilities with regard to the sale of alcohol, and will be retrained every six months, with recorded training records kept for inspection.
Supporting documents: