Agenda item
Application for a Premises Licence for Railway Arches, 296-297 Cambridge Heath Road, London E2 9HA
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for Railway Arches, 296-297 Cambridge Health Road, London E2 9HA. It was noted that objections had been received from officers representing the Licensing Authority, Metropolitan Police and Environmental Health.
Mr Giuseppe Catalano, Business Partner of the Applicant, spoke on behalf of the Applicant and briefly explained that they would like to stay open longer at night to attract more business. He said that they would follow the rules and regulations and any conditions set by the Licensing Sub Committee. It was noted that they would only sell hot food and drinks, and no alcohol. Mr Catalano said that they would be offering a service to the general public, and his clientele would be young people and people who worked late/night shifts. He said it was a small takeaway premises with a small garden area with tables and chairs. He did not envisage any noise emanating from the premises.
Members then heard from Ms Corinne Holland, Licensing Officer, who explained that a 24 hour licence exceeded the council’s framework hours. She noted that although it was a busy road, there were residents who lived in close proximity. She said the application did not address any of the licensing objectives and if a licence was to be granted then it was likely to attract customers who would congregate outside the premises. Ms Holland stated that she heard nothing from the Applicant or his business partner at the meeting to alleviate her concerns regarding the licensing objectives.
PC Mark Perry, Metropolitan Police, stated that a 24 hours licence was excessive. There were a number of venues in the local area and this premises was likely to attract customers leaving after a late night from one of the premises, or on the way to the overground. Customers were likely to be in high spirits which was likely to cause public nuisance during noise sensitive hours. PC Perry said that he had suggested conditions and reduced hours but there was no engagement from the applicant. He noted that the Applicant had demonstrated a lack of understanding of the licensing process and the licensing objectives. It was also noted that the premises was close to a Dependency Unit and could attract beggars leading to potential crime and disorder.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer. She objected on the basis of public nuisance; she said the hours applied for were excessive and beyond Council’s framework hours. She expressed concern about the Applicant’s lack of understanding of the licensing objectives. She believed that there was no evidence provided by the Applicant to justify the granting of a premises licence, and therefore, she urged the Sub-Committee to refuse the application.
In response to questions from Members, the following was noted:
· The Applicant was confident that he could control any issues that may arise and would follow rules and regulations.
· CCTV cameras would be installed and the Applicant would employ door staff if required.
· The Applicant expressed his willingness to work with the Council and improve the area.
· There was no seating area in the plans submitted with the application.
· The Applicant had experience operating a late night premises in Italy.
Concluding remarks were made by all 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 the oral representations at the meeting from the Applicant’s business partner and officers representing the Licensing Authority, Metropolitan Police and Environmental Health objecting to the application.
The Sub Committee noted the Applicant’s representation that he had operated a late night venue in Italy and would follow any rules and regulations suggested by the Sub Committee. However, the Sub Committee was concerned that the Applicant had failed to explain how the premises would address the risks of public nuisance and anti-social behaviour at the late hours sought. The Sub-Committee was also concerned that the Applicant had failed to engage with the Responsible Authorities and had demonstrated a lack of understanding of the licensing objectives and the specific issues present in the area.
The Sub-Committee was not satisfied that the Applicant would uphold the licensing objectives. The Sub-Committee was particularly concerned about the risk of noise nuisance and anti-social behaviour issues if a licence was to be granted. It was not satisfied that the imposition of conditions would satisfactorily mitigate these risks.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Railway Arches, 296-297 Cambridge Health Road, London E2 9HA be REFUSED.
Supporting documents:
- Railway Arches 296-297 cover report, item 4.2 PDF 173 KB
- Railway Arches 296-297 Appendices Only, item 4.2 PDF 3 MB