Agenda item
Application for a New Premise Licence for Hulya’s Café & Restaurant, 357-359 Cambridge Heath Road, London E2 9RA
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Hulya’s Café and Restaurant, 357-359 Cambridge Heath Road, London E2 9RA. It was noted that objections had been received by officers representing the Licensing Authority and Environmental Health.
Mr Graham Hopkins, Licensing Representative on behalf of the Applicant, explained that the café had been opened since the 1970’s and been operated by the Applicant for the past 21 years. He stated that the knowledge and experience of operating the premises for 21 years should give the Sub-Committee assurance that the Applicant was a good operator. The hours applied for were between 10am to 10pm and the premises had a capacity of 56 covers.
Mr Hopkins explained that alcohol would only be served ancillary to a meal and alcohol would only be served to seated customers. There would be no vertical drinking, no regulated entertainment and no drinks would be allowed to be consumed outside the premises. It was also noted that it was a low risk premises and the nature of the business would not change as the conditions offered would ensure that it would remain a restaurant.
Mr Hopkins addressed the issues of the cumulative impact zone and stated that the premises was a small capacity premises which was food led. The hours applied for were within the Council’s framework hours and the applicant was a good responsible operator.Any music played would be background music.
Members then heard from Lavine Miller-Johnson, Licensing Officer, and Nicola Cadzow, Environmental Health Officer. Both confirmed that the premises was within the cumulative impact zone (CIZ). However, they both expressed their satisfaction that the Applicant had made efforts to address the concerns of the CIZ and proposed conditions that would help promote the licensing objectives.
In response to questions the following was noted:
· Customers would not be allowed to take drinks outside the premises.
· Notices would be displayed around the premises to leave quietly and respect the needs of local residents.
· Customers would be asked to remain in the premises if waiting for cabs etc.
· The early premises opening hours were applied for to allow its the breakfast trade.
· They would operate a challenge 25 policy.
· Staff would be trained during induction on how to sell alcohol responsibly.
The Licensing Objectives
In considering the application, Members are normally 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;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard oral representations at the meeting made by the Applicant’s Licensing Representative and Officers representing the Licensing Authority and Environmental Health with particular regard to the prevention of public nuisance.
The Sub-Committee noted that the premises is in a cumulative impact zone (CIZ). The cumulative impact policy creates a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons objecting to the application, the application will be refused.
The Sub-Committee noted that, under the Council’s Statement of Licensing Policy, the Applicant can rebut the above presumption if it can demonstrate exceptional circumstances and that the granting of the application would not negatively add to the cumulative issues already experienced within the CIZ.
The Sub-Committee welcomed the efforts made by the Applicant in offering robust conditions to address concerns that the granting of the licence may result in additional public nuisance. The Sub-Committee noted that alcohol would only be sold ancillary to a meal and to seated patrons. The Premises also had a thorough dispersal policy to address potential egress issues.
The Sub-Committee noted the representations from the Licensing Authority, and Environmental Health regarding the impact of the premises on the Bethnal Green Cumulative Impact Zone (CIZ) and the concerns relating to the likely disturbance to residents nearby. However, the Sub-Committee was satisfied that the robust conditions proposed by the Applicant would alleviate any concerns that the granting of the licence would result in public nuisance.
The Sub-Committee was therefore satisfied that the CIZ presumption had been rebutted as the Appellant had demonstrated that the granting of the licence would not negatively add to the cumulative issues already experienced in the area. The Sub-Committee was satisfied that there were exceptional circumstances to justify a grant of the licence as the premises was not alcohol led and would operate within the framework hours.
The Sub-Committee was satisfied that the licensing objectives would be promoted and the conditions imposed would adequately mitigate the risk of public nuisance.
Decision
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new Premises Licence for Hulya’s Café & Restaurant, 357 -359 Cambridge Heath Road, London E2 9RA be GRANTED.
Sale of Alcohol (on sales)
Monday to Sunday from 10:00 hours to 22:00 hours
Hours premises are open to the Public
Monday to Saturday from 06:00 hours to 22:30 hours
Sunday from 07:00 hours to 22:30 hours
Conditions
- Alcohol to be only sold ancillary to a meal.
- The premises will operate strictly as a cafe/restaurant with the sale of alcohol only being permitted to customers taking or intending to take a substantial table meal, seated at a table and with service by waiting staff only.
- The Premises Licence Holder shall ensure that a CCTV system is installed in the premises of a standard acceptable to the Metropolitan Police Service. The system shall be maintained in good working order & fully operational covering all internal areas of the premises to which the public have access & also the area immediately outside the premises. All entry & exit points shall be covered enabling frontal identification (full head & shoulders images), of every person entering the premises in any light condition to an evidential standard.
- All staff will be fully trained in the operation of the CCTV system including the ability to download screenshots and images for Police or Authorised Officers on request. A minimum of one such member of staff fully trained in the operation of the CCTV system shall be on duty at all times the premises are open to the public.
- The CCTV system will have the capability to either download footage onto a disk or memory stick. The footage of the CCTV system will be retained for a minimum period of 31 days before re-writing itself with the correct date & time showing. Screenshots and CCTV footage will be made available to Police or Authorised Officers.
- If the CCTV system is broken the Premises Licence Holder shall notify the Licensing Authority and Police Licensing Team as soon as possible and get the fault rectified as soon as practicable.
- The Premises Licence Holder shall ensure that a log is kept with the details of the dates of all work / repairs carried out on the CCTV system including the name & phone number of the engineer.
- On a daily basis the Premises Licence Holder / Designated Premises Supervisor will check that the CCTV system is operational and the date & time stamp are correctly set and on a minimum of a weekly basis check that the CCTV system is correctly recording images for a minimum of 31 days and that screenshots and footage can be correctly downloaded. Details of these checks are to be recorded in the appropriate section of the Incident Book.
- All staff shall receive training on induction and be given refresher training every six months for their role, in operating the CCTV system, in the relevant provisions of the Licensing Act and Premises Licence, in the Dispersal Policy and in operating the Challenge 25 Proof of Age Policy.
- Challenge 25 training will include identifying persons under 25, making a challenge, acceptable proof of age and checking it, making and recording a refusal, avoiding proxy sales, avoiding conflict, responsible alcohol retailing & safeguarding children.
- A written training record shall be kept for each member of staff and be produced to Police or Authorised Officers on request.
- Relevant notices will be prominently displayed by the entry/exit door and servery / counter as appropriate advising customers:
· That CCTV & the Challenge 25 Proof of Age policy are in operation;
· Of the relevant provisions of the Licensing Act;
· To respect residents, leave the restaurant and vicinity quietly, not to loiter outside the premises and to dispose of litter legally;
· That no alcohol drinks, bottles or glasses may be removed from the premises at any time;
· That customers and delivery drivers / riders must not rev engines, play loud music, blow their horn or slam car doors while waiting outside the premises;
· That a maximum of four (4) smokers are permitted outside the front of the premises at any time and that smokers should keep noise to a minimum while outside;
· That no unaccompanied children or young person under 16 may be permitted in the premises after 20.00.
- An Incident Book shall be kept at the premises, and made available to the Police or Authorised Officers, which will record the following:
a) All crimes reported,
b) Lost property,
c) All ejections of customers,
d) Any complaints received and the outcome,
e) Any incidents of disorder,
f) Any seizure of drugs or offensive weapons,
g) Any faults in and work carried out on the CCTV system,
h) Any refusal in the service of alcohol to customers,
i) Any visit by a relevant authority or emergency service,
j) A CAD number where Police are called.
- Customers taking or intending to take a table meal may be permitted to drink alcohol before, during or after their meal.
- Customers buying / collecting a take away meal will not be permitted to buy or consume alcohol.
- There will be no sale or consumption of alcohol permitted at the servery / bar and no vertical drinking.
- No alcohol drinks, bottles or glasses may be removed from the premises at any time
- A Fire Risk Assessment and Emergency Plan will be prepared & regularly reviewed. Staff will be given appropriate fire safety training
- No deliveries of goods to the premises or removals of rubbish shall take place between 20.00 hours and 07.00 hours.
- A phone number will be clearly displayed to the front of the premises for residents to call with any concerns. Details of any complaints and the outcome will be recorded by the Premises Licence Holder or duty manager in the appropriate section of the Incident Book.
- The shop front will be kept tidy at all times and swept at close. A litter bin will be provided for customer use and will be regularly emptied.
- A maximum of four (4) smokers will be allowed outside the front of the restaurant at any time. A suitable container will be provided for cigarette ends and will be regularly emptied.
- A written dispersal shall be prepared and reviewed every six (6) months by the Premises Licence Holder with a copy submitted to the Police Licensing Team and the Council`s Licensing Team. The Dispersal Policy shall be included in staff training on induction and refresher training and Management and staff will ensure it is implemented at all times.
- The Challenge 25 proof of age policy will be operated and only a photographic driving licence, a valid passport, a valid UK Armed Forces photographic identity card with the bearer`s photograph on it or Home Office approved proof of age card with the bearer`s photograph and the PASS logo / hologram on it will be accepted as proof of age.
- Refusals of the sale of alcohol must be recorded in the relevant section of the Incident Book.
- No unaccompanied children or young person under 16 may be permitted in the premises after 20.00 except in an emergency to safeguard a child.
- No young person under 18 may be allowed to consume alcohol at any time.
- Instruction on Safeguarding Children will be included in staff training.
Informative
Only background music will be played at any time.
Supporting documents:
- Hulya cover report, item 4.3 PDF 272 KB
- Hulya Appendices Only, item 4.3 PDF 3 MB
- Huyla Supporting doc 1, item 4.3 PDF 23 KB
- Huyla Supporting doc 2, item 4.3 PDF 11 KB
- Huyla Supporting doc 3, item 4.3 PDF 2 MB