Agenda item
Application for a New Premises Licence for Roman Road PFC 89 Roman Road, London E2 0QN
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for Roman Road PFC, 89 Roman Road, London E2 0QN. The application was for late night refreshments only. It was noted that objections had been received by local residents.
At the request of the Chair, Mr Mifta Ahmed, Licensing Representative, on behalf of the Applicant, explained that the premises had been open since October 2018. It was noted that that there had been improvements to the external extractor fan recently which has reduced the noise levels. He explained that the hours applied for were slightly beyond the framework hours, and explained that they would be serving approximately 10-15 additional customers in the additional hours they had applied for. He explained that the Applicant was an experienced manager and aware of the licensing objectives. It was noted that customers usually came with families, and usually sit in to eat, but there are customers that takeaway food.
Members then heard from Mr Jack Matthews, a local resident, who expressed concerns about the noise nuisance from the premises, and increasing smell and litter in the area. He said that he lived right next to the premises, and explained that the extractor fan on the roof terrace was right next to his living room, which caused a constant noise nuisance. There was also noise disturbance from delivery vans delivering to the premises. He said after the modifications to the extractor fan have made an improvement, however, later at night, it can still cause disturbance as ambient levels were low at the later hours of the night, making any noise more significant.
Members then heard from Ms Jane Pollard, a local resident, who said she was representing herself and the five other residents in Peary Place. She explained that is a small street where they experience consistent problems of litter. They also experienced teenagers and young adults congregating on the street, blocking the pavements, and leaving litter behind which can be intimidating when walking by. She stated that there were no issues from the local pub, the cocktail bar or Chinese takeaway that were nearby. She explained that if the application were granted, it would leave he and fellow residents vulnerable. They therefore opposed a late night licence from being granted. If it was granted, this would set a precedent for other premises to apply for later hours.
In response to questions the following was noted;
- That there were no specific complaints of nuisance regarding the premises except for the noise from the extractor fan which had now been modified.
- That the premises had a previous licence with later hours, which had been surrendered by the previous occupants.
- That complaints had been made to Police about noise and litter in the area.
- That the Applicant had no control over customers when they leave with takeaways.
- That the Applicant was unaware of the concerns raised by the residents until now.
- That they would provide additional bins, have a regular waste collection via Veolia, and would display clear and legible notices asking customers to respect the needs of local residents and leave the area quietly.
- That the noise from the extractor fan had been reduced since the modifications had been made.
- That the shop’s busy period was between 5-7pm, and that they could reduce the speed of the fan after that time.
- That the fan could be turned off after 10.00pm
- That the premises did not attract drunk customers. They had a more family orientated and young clientele.
- That after school, ¾ of the children going to the premises are seen to be eating chicken. This continues from after school until 9.30pm.
- Residents have been threatened by loud confrontational young adults late at night between the hours of 10-11pm.
In summation Ms Pollard said that the Applicant had been aggressive to neighbours who have complained, and that they do not see any other litter other than chicken boxes from the premises.
In conclusion Mr Ahmed acknowledged that there were issues of litter in the area, but stressed that this could not directly be linked to the premises. He said that the Applicant was now aware of the concerns and would now address this. He explained that there was a fair distance between the premises and Peary Place as there was no direct route. Mr Ahmed stated that there was no evidence that the Applicant had shown any aggression towards neighbours. Mr Ahmed confirmed that the Applicant would ensure there was regular maintenance of the extractor fan system.
Members adjourned the meeting at 9.15pm to deliberate and reconvened at 9.25pm.
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;
- 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 oral representation from both the Applicant and his representative and Objectors present at the meeting with particular regard to the licensing objectives of the prevention of public nuisance, the prevention of crime and disorder and public safety.
Members noted the concerns raised by Objectors and in particular the potential public nuisance that licensed premises may cause in an area which was in close proximity to residential properties, and in particular during late evenings where customers would be likely to cause noise nuisance.
Members also noted the concerns from local residents in terms of the increased litter, the anti-social behaviour (ASB) and groups of young adults congregating in Peary Place. Members also noted the noise nuisance caused by the extractor fan which was located in close proximity to residential homes, it was mentioned that recent modifications to the fan had improved the noise but there was the fear this would increase as the years went by.
In the course of Members asking questions of the Applicant, it was noted that the speed of the extractor fan could be reduced and also turned off after peak times, which was between the hours of 17:00-19:00 hours. Therefore Members were of the view that the extractor fan should be stopped at 10pm on a daily basis, in order to mitigate noise nuisance to neighbouring residents. Members also noted the concerns regarding Peary Place and the issues relating to litter and ASB in that area, but had not had any evidence to directly link these issues specifically to these premises. However, it was felt that the conditions in the operating schedule would help alleviate some of the concerns raised.
The Chair, who is also the Ward Councillor for Bethnal Green, suggested the residents contact her to discuss how the general concerns about ASB and litter in the area could be addressed by the Council
Members reached a decision and the decision was unanimous. Members granted the application subject to conditions to help promote the licensing objectives.
Accordingly, the Sub Committee unanimously:-
RESOLVED
That the application for a New Premises Licence for Roman Road PFC, 89 Roman Road, London E2 0QN be GRANTED with conditions.
The Provision of Late Night Refreshments
Sunday to Thursday from 23:00 hrs to 00:00 hrs (Midnight)
Friday and Saturday from 23:00 hrs to 01:00 hrs (the following day)
Hours premises open to the public
Sunday to Thursday from 06:00 hrs to 00:00 hrs (Midnight)
Friday and Saturday from 06:00 hrs to 01:00 hrs (the following day)
Conditions
1. The external extractor fan to be turned off after 22:00 hours each day.
2. Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed.
3. Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.
4. All CCTV cameras will be maintained at the premises in good working order and will continually record whilst the premises is open to the public.
5. CCTV recordings shall be kept for a minimum of 30 days and made available to Police or other licensing authorities on request.
6. Persons appearing drunk or under the influence of illegal substances will not be permitted into the premises.
7. Maintain an incident log of any criminal activity or attempted criminal activity within the premises or within the immediate vicinity of the premises.
8. Prominent, clear and legible notices will be displayed at exits requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
9. Customers will be asked not to stand around talking in the street outside the premises; and asked to leave the vicinity quickly and quietly.
10. All the rubbish produced by the premises will be stored securely in a designated area or in a bin with a tight fitting lid.
11. Children below the age of 16 years old will be excluded from the premises between the hours of 23:00 hours to 01:00 hours the following day.
12.An incident report book is kept and maintained.
13.No deliveries to the premises shall take place between 22:00 hours and 08:00 hours the following day.
14.No collections of waste or recycling materials (including bottles) from the premises shall take place between 22:00 hours and 08:00 hours on the following day.
Supporting documents:
- Roman Road PFC cover report, item 3.2 PDF 123 KB
- Roman Road PFC Appendices Only, item 3.2 PDF 4 MB
- Additional Docs - Resident - Roman Rd PFC_Redacted, item 3.2 PDF 2 MB