Agenda item
Application for a Premises Licence for (Tops Pizza), 3 West India Dock Road, London E14 8EZ
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 and the prevention of crime and disorder.
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 Cantor (Counsel for the applicant) who stated his client was seeking a late night refreshment licence and referred Members to pages 129 – 150 of the agenda. He said his client was not seeking a licence for the sale of alcohol and was looking to open until 02:00 a.m. Mon to Thurs and 3:00 a.m. Fri to Saturday and 12:00 a.m. on Sunday.
Mr Cantor continued that the Responsible Authorities had not objected to the application and that his client Mr Aziz had been in consultation with them. He said his Client was proposing to serve the last pizza 10 minutes before closing time in order to ensure the premises closed in time.
With respect to the licensing objectives, the applicant had addressed this in the application on pages 146-147 of the agenda. The objections in a form of a petition from 23 individuals refers to “fighting, shouting and loud talking” - page 165 but is it unclear if this is a general observation or relating to my clients premise. In relation to other premises nearby – page 157 there are some which are operating until 04:00 a.m. No complaints have been made to Environmental Protection and it is clear the Police do not have any concerns. Mr Cantor continued that the representations made by the objectors were hazy and his clients premises are a well-run business.
Mr Dilowar Hussain raised his objections stating that there was not much space inside the shop and therefore customers spilled into the street. He said the loud talking, shouting and fighting resulted in him being unable to sleep. He also said that the smell and rising heat from the Pizza shop was an issue and was affecting his quality of life.
Mr Dilowar Hussain continued in Bengali and the Chair of the Sub-Committee was reminded that proceeding should be conducting in English.
Mr Cantor stated that the application had to be considered on its merits and no new evidence was permissible. He said by way of compromise his Client was agreeable to operating “no counter service past 12:00 midnight and for the remaining time just do home deliveries.”
Mr Mohshin Ali, Licensing Officer confirmed no complaints against the premises had been received however on visiting the premises on the 30th June 2017 it found the premises were operating without a licence. A warning was issued on the 26th July 2017 which has subsequently led to the owner applying for a licence.
In defence, Mr Cantor stated his client was unaware that the licence had lapsed but he promptly applied for one as soon as he was made aware. He repeated the application was for a late night refreshment licence that would not be serving alcohol and that no complaints against his client had been raised with the Responsible Authorities. It was unclear what authority the other signatories of the petition had given to Mr Hussain and the alleged medical problems to which Mr Hussain refers and the heat generated from the pizza machines and smell cannot be considered.
Members of the Sub-Committee asked the following questions:
· How high are the ducts which expel food smells?
Mr Aziz stated the ducts were at the back of the building and were about two floors high. He said the adjacent building – i.e. flats had no windows or doors on the back where the duct was and therefore could not be affected by any food smell.
· The objector has raised there is ‘fighting, shouting and loud talking’ and little space inside the shop. Are the flats connected to the premise in question?
No they are not connected.
· Have the addresses of the petitioners been checked to see if they are within 100 miles of the premises?
The named individuals have not been written to but the addresses are within the same block of flats.
The Chair invited the Applicant’s representative and the Objector to sum up their argument before retiring to make a decision.
Decision
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a Premises Licence for Top Pizza, 3 West India Dock Road, London E14 8EZ be GRANTED subject to the following conditions:
The provision of late night refreshment - Indoors and outdoors
· Monday to Thursday, from 23.00 hrs to 02:00 hrs the following day
Counter Service until 00:00 hrs (midnight) and deliveries until 02:00 hrs
· Friday and Saturday, from 23:00 hrs to 03:00 hrs the following day
Counter Service until 00:00 hrs (midnight) and deliveries until 03:00 hrs
· Sunday, from 23:00 hrs to 00:00 hrs (midnight)
Non-standard timings:
· Vaisaki, Diwali, Valentimes Day, Sunday before Bank Holiday, Eid, Christmas Day, New Year’s Eve and New Years Day, from 23:00 hrs to 03:00 hrs the following day
The opening hours of the premises
· Monday to Thursday, from 23.00 hrs to 02:00 hrs the following day
· Friday and Saturday, from 23:00 hrs to 03:00 hrs the following day
· Sunday, from 23:00 hrs to 00:00 hrs (midnight)
Non-standard timings:
· Vaisaki, Diwali, Valentimes Day, Sunday before Bank Holiday, Eid, Christmas Day, New Year’s Eve and New Years Day, from 23:00 hrs to 03:00 hrs the following day
In addition the conditions as per the Operating Schedule pages 123-124 points 7.0 to 7.10 will apply:
7.1 Appropriate staff training to be completed, training records shall be made available for inspection upon request by a relevant officer of a responsible authority.
7.2 Vehicles used for delivery must switch of their engines when waiting outside of the Premises for the collection of food for delivery.
7.3 Drivers shall wait inside the premises between deliveries/for deliveries.
7.4 Home deliveries shall only be carried out by in-house employees of the business
7.5 The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer.
a) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
b) The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.
c) All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31-day period.
d) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
7.6 Notice to customers regarding consideration shall be displayed at the entrance and exit
7.7 Staff who arrive in the morning or depart late at night will be asked not to cause disturbance to nearby residents.
7.8 No rubbish will be moved, removed or placed outside between the hours of 23:00 and 08:00
7.9 An incident log shall be kept at the premises, and made available on request to an authorised officer or the Police.
7.10 Order is received over the phone by a person who sounds like they may be under 16 years staff member will ask to speak to a parent or responsible adult.
Supporting documents: