Agenda item
Application for a Premises Licence for (German Doner Kebab) 207 Mile End Road, London E1 4AA
Minutes:
At the request of the Chair, Mr Mohshin Ali, Principal Licensing Officer introduced the application, stating that the Applicant was seeking a late night refreshment licence for German Doner Kebab, 207 Mile End Road, London E1 1AA. Mr Ali stated a copy of the application was appended at Appendix 1, the site plan at Appendix 2 and the Home Office guidelines at Appendix 5. Mr Ali said the representations against the application could be found in Appendices 6 and 7.
Members of the Sub-Committee heard from the Applicant’s Solicitor Mr Anthony Edwards, who confirmed that the Applicant was Mr Catalin Loan Lonita and that German Doner Kebab was a franchise business looking to operate in the United Kingdom. Mr Edwards stated Mr Lonita had no responsibility for previous failings in relation to the premises having previously sold hot food during hours in which it was unlawful to do so without a late night refreshment licence. Mr Edwards also said Mr Lonita was an experienced business manager, and had been a manager since March 2018. The business had previously successfully operated late night refreshments under Temporary Events Notices (TEN’s) on five weekends without problems at all. Mr Edwards said the licence sought was essential if the business was to ensure its longevity and success, as profit was being lost by the business being unable to serve late night refreshment.
The Members considered the objections of the Licensing Authority, and Kathy Driver referred Members to page 242 of the agenda. Ms Driver said the main cause of concern was who was responsible for the business and who would be making day to day decisions.
It was unclear from discussion between the applicant, Mr Edwards, and the Members as to who was in charge of the business. Mr. Lonita presented as a manager, but one of his party who attended the Sub-Committee hearing presented as the owner/leaseholder yet was not the applicant, and there was a limited company, Interlagos Limited involved in the business, but Mr. Lonita was not an officer of that company. There were inconsistencies between the application of Mr. Lonita and the application regarding the same premises which comprised item 3.2 of the agenda.
Following an adjournment at 20:35 p.m. for members to consider this confused state of affairs, the Members returned at 20:53 p.m., after which the other application in respect of the same premises (item 3.2 of the agenda above) was withdrawn by Mr Edwards, and the Members continued proceedings by proceeding to hear the application by Mr. Lonita. Members had considered during their adjournment whether both applications comprising agenda items 3.2 and 3.3 ought to be deferred in light of the confusion as to who was responsible for the business, to give the applicants and their solicitor time to reconsider and revise the respective applications regarding the same premises. However, this was no longer necessary when Mr Edwards withdrew the application comprising agenda item 3.2.
Kathy Driver, Senior Licensing Officer stated an adjournment would not have benefitted the Applicant, and in light of only one application now remaining in relation to this business, in the event of a grant of Mr. Lonita’s application, anyone else who transpired to be the owner of the business could apply for a transfer of licence, if required.
Members enquired of the Applicant if he had a Food Hygiene Certificate and what steps would be taken to mitigate against breaches of the licence. The Chair asked Mr Lonita if he was aware that if a licence were granted, he would be responsible if the conditions of the licence were not adhered to. Mr Lonita responded positively stating he was aware of the undertaking he was taking on if granted his application.
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 had carefully considered all of the evidence before them and considered written and verbal representation from the applicant, the Licensing Authority and the objectors with particular regard to the licensing objectives of the prevention of public nuisance, the protection of children from harm and the prevention of crime and disorder.
In reaching their decision, Members noted the application was for provision of Late Night Refreshment from 23:00 hours to 23:55 hours Sunday to Wednesday and 23:00 hours to 00:55 hours the following day Thursday to Sunday. Members of the Sub-Committee heard from the Applicant’s Solicitor Mr Anthony Edwards, who confirmed that the Applicant was Mr Catalin Loan Lonita and that German Doner Kebab was a franchise business looking to operate in the United Kingdom. Mr Edwards stated Mr Lonita had no responsibility for previous failings in relation to the premises having previously sold hot food during hours in which it was unlawful to do so without a late night refreshment licence. Mr Edwards also said Mr Lonita was an experienced business manager, and had been a manager since March 2018. The business had previously successfully operated late night refreshments under Temporary Events Notices (TEN’s) on five weekends and incurred no problems at all. Mr Edwards said the licence was essential if the business was to ensure its longevity and success, as profit was being lost by the business being unable to serve late night refreshment.
The Members considered the objections of the Licensing Authority and Kathy Driver referred Members to page 242 of the agenda. Ms Driver said the main cause of concern was who was responsible for the business and who would be making day to day decisions.
It was unclear from discussion between the applicant, Mr Edwards, and the Members as to who was in charge of the business. Mr. Lonita presented as a manager, but one of his party who attended the Sub-Committee hearing presented as the owner/leaseholder yet was not the applicant, and there was a limited company, Interlagos Limited involved in the business, but Mr. Lonita was not an officer of that company. There were inconsistencies between the application of Mr. Lonita and the application regarding the same premises which comprised item 3.2 of the agenda.
Following an adjournment at 20:35 p.m. for members to consider this confused state of affairs, the Members returned at 20:53 p.m., after which the other application in respect of the same premises (item 3.2 of the agenda above) was withdrawn by Mr Edwards, and the Members continued proceedings by proceeding to hear the application by Mr. Lonita. Members had considered during their adjournment whether both applications comprising agenda items 3.2 and 3.3 ought to be deferred in light of the confusion as to who was responsible for the business, to give the applicants and their solicitor time to reconsider and revise the respective applications regarding the same premises. However, this was no longer necessary when Mr Edwards withdrew the application comprising agenda item 3.2.
Kathy Driver, Senior Licensing Officer stated an adjournment would not have benefitted the Applicant, and in light of only one application now remaining in relation to this business, in the event of a grant of Mr. Lonita’s application, anyone else who transpired to be the owner of the business could apply for a transfer of licence, if required.
Members enquired of the Applicant if he had a Food Hygiene Certificate and what steps would be taken to mitigate against breaches of the licence. The Chair asked Mr Lonita if he was aware that if a licence were granted, he would be responsible if the conditions of the licence were not adhered to. Mr Lonita responded positively stating he was aware of the undertaking he was taking on if granted his application.
Members reached a majority decision to grant the application.
Accordingly, the Sub Committee made a majority decision to:-
RESOLVED
That the application for a New Premises Licence application for German Doner Kebab, 207 Mile End Road, London E1 4AA be GRANTED with conditions consistent with the operating schedule and the conditions agreed with the Metropolitan Police.
The provision of late night refreshment- indoors
Sunday to Thursday from 23:00 hours to 23:45 hours
Friday to Saturday, from 23:00 hours to 00:45 hours the following day
Non-standard timings
Bank Holidays and the preceding night, from 23:00 hours to 00:45 hours the following day
The opening hours of the premises
Sunday to Thursday, from 10:00 hours to 00:00 hours (midnight)
Friday to Saturday, from 10:00 hours to 01:00 hours the following day
Non-Standard timings
Bank Holidays and the preceding night, from 10:00 hours to 01:00 hours the following day
Conditions consistent with Operating Schedule (as offered by the applicant)
- No Music or Amplified Sound shall be generated on the premises to give rise to a nuisance to neighbouring residents
- Loudspeakers shall not be located in the entrance lobby or outside the premise building.
- Notices shall be clearly displayed requesting patrons to leave the premises quietly
Conditions in consultation with the Responsible Authorities
Conditions agreed with Met Police Licensing
- A CCTV system to be put in place, the cameras are to be of sufficient quality so that people’s faces are clearly identifiable from the footage. The cameras are to be placed in such a way as they cover areas of the premises specified by the Police. The system is to record the footage and to keep it for a minimum of 30 days and a copy off CCTV footage is to be made available to Police or the Local Authority upon request (subject to data protection legislation). While the premises are open to the public a member of staff must be on duty who can operate the CCTV system.
- An Incident Report book is to be kept and used to record all incidents of crime and disorder as well as any incidents of note. This book is to be made available on request to any Police officer or representative of a responsible authority.
Additional Conditions:
- That there should be an extra waste disposal bin for the rubbish; and
- That there should be visible signage stating that Patrons and Riders should park legally and should not leave their engines idling.
Supporting documents: