Agenda item
Application for a New Premises Licence for (Adana) 267 Bethnal Green Road, London E2 6AH
Minutes:
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a late night refreshment licence for Adana, 267 Bethnal Green Road, London E2 6AH. It was noted that an objection had been received on behalf of the Licensing Authority.
At the request of the Chair, Mr Mohammed Ali, Applicant, explained that the premises were a small restaurant and takeaway, and had only been operating as a takeaway since COVID-19. He explained that the timings listed on their external website were published by a third party, he was not aware that those timings remained incorrect, and he would rectify that immediately. Mr Ali explained that once he had received the warning letter, he had contacted the landlord to query the licensable hours and during this process a test purchase was conducted which the business subsequently failed.
He said that the premises were on the main road, residential properties were not in close proximity, and there would be no loitering outside the premises. It was noted that late night refreshments would be provided between 11pm-2am and through delivery websites such as Just Eat and Uber-eats. Delivery drivers would only come into the premises once the food was ready for collection. It was also noted that the kitchen was based in the rear end of the premises, there were CCTV cameras in operation, and the premises had been trading as a restaurant for the past 10 years, with no noise complaints, no alcohol, and only Turkish food being sold, with delivery only after 11pm. Mr Ali said that there were good transport links, and notices would be displayed asking customers to leave quietly and respect the needs of local residents.
Members then heard from Ms Kathy Driver, Licensing Officer, who explained that a complaint was received on 9th July 2020 that the premises was trading without a late night refreshment licence, so that a warning letter was issued. Following that letter being sent, a test purchase took place and hot food was served beyond the hours permitted where there is no late night refreshment licence, so that a further warning letter was sent. It was confirmed that any further breaches would lead to a prosecution.
Ms Driver stated that she had checked the business’ website today, and it still displayed an incorrect closing time for such premises whilst it had no late night refreshment licence, the website stating that the premises closed at 23:59. She highlighted that the hours applied for were beyond the Council’s framework hours, and there was a lack of confidence in the applicant due to the history of the premises and the number of breaches. It was also noted that residents lived above the premises, and deliveries during late hours would likely cause disturbance.
In response to questions the following was noted;
- That the Applicant would ensure that no noise would emanate from the premises, and he would rectify the closing time on the website immediately.
- That CCTV cameras can verify that since the test purchase and warnings, the premises had been closing at 11pm.
- That the Applicant, not third party companies had control over the business’ Google website, and he had asked for amendments to be made to the closing times published.
- The last complaint had been about the noise from the ventilation fans past 11pm.
- The Applicant claimed that he had only received one warning letter to date.
- That the premises had been trading for 10 years and was a family run business.
- That there were flats above the premises, which had a mix of office businesses and residential use.
- The business estimated that they would receive a maximum of 10 orders during the additional hours they had applied for.
- That there had been no objections from residents
- There would be no music, no TV, no speakers, so therefore noise levels would be low.
- Notices would be displayed around the premises asking those attending the premises to keep noise to a minimum.
- As a result of the complaint regarding the extractor fan, the carbon filters had been changed and works carried out to silence the fan.
Concluding remarks were made by both parties.
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;
- 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 made at the meeting by the Applicant, the premises manager and the Officer representing the Licensing Authority.
Members noted the explanation given by the Applicant in his defence for continuing to trade without a late night refreshment licence on the occasions reported by the Licensing Authority. Members were concerned about the trading hours that were still being advertised on the internet, but were assured by the Applicant that this would be rectified immediately.
Members noted objections from the Officer representing the Licensing Authority, regarding the number of instances of trading without a late night refreshment licence, a failed test purchase of hot food during hours when hot food should not have been sold without a late night refreshment licence, and the warning letters sent to the business by the Licensing Authority. Members also noted the Officer representing the Licensing Authority stating that the hours applied for were beyond the Council’s Framework Hours, were excessive, and there was the likelihood that a late night venue would increase public nuisance in particular noise nuisance as it may attract people who have been drinking, who are intoxicated and are more likely to be less aware of their surroundings and cause noise nuisance. Members also agreed that the hours applied for were excessive and were not confident that such late hours would not negatively impact on the area in terms of the stated public nuisance.
The Sub Committee was satisfied that the reduction in hours together with the conditions proposed would keep a balance between the licensing objectives, the objectives of the business, and the effects on residents nearby, alleviating the concerns raised by the Licensing Authority and helping reduce the risk of any disturbances.
Therefore, Members made a decision and the decision was unanimous. Members granted the application in part with conditions.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Adana, 267 Bethnal Green Road, London E2 6AH be GRANTED in part with conditions.
The Provision of Late Night Refreshments
Sunday to Thursday from 23:00 hours – 00:00 hours (midnight)
Friday and Saturday from 23:00 hours – 00:30 hours (the following day)
Hours premises are
open to the public:
Sunday to Thursday from 12:00 hours – 00:30 hours (the following day)
Friday and Saturday from 12:00 hours – 01:00 hours (the following day)
Conditions
1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
2. 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. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
3. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
4. No idling of vehicles, being either patron or delivery vehicles outside the premises whilst the premises are in operation.
5. Notices shall be displayed in the premises asking customers to leave quietly and respect the needs of local residents.
6. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 3 persons at any one time.
Supporting documents: