Agenda item
Application for a New Premise Licence for Pizza Hut, 195-195a East India Dock Road, London, E14 0EA
Decision:
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 the oral representations at the meeting virtually and in person from the Applicants and an Licensing Authority.
The Sub-Committee considered an application for a new premises by the Applicant, in respect of Pizza Hut 195 – 195a East India Dock Road London E14 0EA for late night refreshments. The Applicant were seeking the following:
Late night refreshments
Monday to Sunday 23:00 hours to 05:00 hours (the following day)
Opening times
Monday to Sunday 23:00 hours to 05:00 hours (the following day)
The Sub-Committee considered what was reasonable and proportionate for the promotion of the licensing objectives, in particular, the prevention of public nuisance.
Paragraph 10.13 of the Secretary of State’s Guidance under S182 of the Licensing Act 2003 says that that Act “gives the licensing authority power to make decisions about the hours during which premises can conduct licensable activities as part of the implementation of its licensing policy statement. Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities.”
Paragraph 14.51 of the same Guidance says, “With regard to licensing hours, the Government acknowledges that different licensing approaches may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions regarding licensed opening hours as part of the implementation of its licensing policy statement and licensing authorities are best placed to make such decisions based on their local knowledge and in consultation with other responsible authorities.”
The Sub-Committee noted the evidence of Ms. Driver from the Licensing Authority, that the premises sits directly beneath a large complex of residential units and the outside area was fenced off directly facing the roadside. The Sub-Committee noted the concerns that any collection by customers or delivery drivers was more likely to be accessed to the rear of the property. The Sub-Committee noted that the rear of the property was a highly residential area overlooking a residential block including residential properties all along Suzannah Street, a narrow nearby street.
The Sub-Committee noted concerns about mopeds causing noise nuisance to residents from persons. The Sub-Committee were concerned about the
The Sub-Committee noted the Applicant’s agreement to a reduction in the hours, if the Sub-Committee considered this to be reasonable.
The Sub-Committee noted from pages 76 and 77 of the Agenda papers, that a number of other premises in the locality had late night refreshment hours no later than 02:00 hours
The Sub-Committee therefore considered that a reduction in the hours sought to 02:00 hours would be reasonable and proportionate in the circumstances, in order to prevent public nuisance.
The Sub-Committee noted that the front entrance sits on a busy main road, which is a red route and a busy bus route. The Sub-Committee were concerned about delivery drivers parking in that road directly in front of the premises.
The Sub-Committee therefore felt it reasonable and proportionate to impose a condition that there should be signs in the front windows of the premises directing delivery drivers not to park directly in front of the premises, but in the area designated by the premises licence holder.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new premises licence for Pizza Hut East India Dock Road London E14 0EA be GRANTED with CONDITIONS
Provision of Late – Night Refreshments (indoors and Outdoors)
Monday to Sunday – 23:00 - 02:00hrs (the following day)
Opening times
Monday to Sunday – 11:00 hours – 05:00 hours
Conditions
1. The premises shall install and maintain a comprehensive CCTV system.
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 upon the
request of Police or authorised officer throughout the entire 31 day
period.
2. Suitable and sufficient artificial lighting is provided and maintained in any
area accessible to the public.
3. Delivery drivers will only arrive at the shop when the order is ready for
collection.
4. All fixed equipment at the premises , such as ventilations systems that
produce significant levels of noise are fitted with appropriate means of
noise submission and are restricted in their use so as to minimise
disturbance to any neighbouring noise sensitive premises.
5. The ventilations and extract systems are designed and maintained so as
to prevent noxious smells causing nuisance to nearby properties.
6. No customers can eat in the premises.
7. No noise generated on the premises, or 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.
8. Notices shall be prominently displayed at all exits requesting patrons to
respect the needs of local residents and businesses and leave the area
quietly.
9.There should be signs in the front windows of the premises directing delivery drivers not to park directly in front of the premises, but in the area designated by the premises licence holder.
Minutes:
The Council’s Licensing Act 2003 Sub-Committee (“the Sub-Committee”) considered an application by Mr Arif Jivraj and JJ & Team Limited(the Applicant) for a new premises licence under section 18(3) of the Licensing Act 2003 in respect of Pizza Hut, 195-194a East India Dock Road, London E14 0EA.
Applicant
Mr Jivraj addressed the concerns expressed in the representations made against the application:
· There were several premises in the vicinity which were operating similar licences.
· The business would only be operating as a delivery service, so noise and disturbance would be minimal, with delivery drivers rather than patrons attending the premises.
· Noise disturbance to residents would be mitigated by using only the front entrance for delivery drivers. The rear entrance would not be in use.
The Sub-Committee’s questions were answered and responded to by the Applicant as follows:
The Sub-Committee was concerned with regards to mopeds ‘coming and going’ and causing noise nuisance to residents from persons attending the premises beyond the licensed hours for late night refreshments. The Sub-Committee agreed that if it were to operate twenty four hours, this would set a precedent to other businesses in the vicinity, and there could be potential risk of public nuisance.
The Applicant explained that there were other premises operating until 02:00 hours, and if the Sub-Committee felt that this was a concern, the Applicant would be willing to amend the application to reflect these hours.
The Sub-Committee noted the Applicant’s agreement to reduced hours, if the Sub-Committee agreed this was reasonable in upholding the licensing objectives.
There was designated parking, which was away from the premises. Delivery drivers would not be permitted to drive right up to the premises. Mopeds would not be parked close to the bus stop nor on the red route.
The Applicant had a good relationship with the neighbours and residents and explained that there had been no history of noise nuisance. Measures had been put in place which included the communication of behaviour expectations to staff and delivery partners, working with the delivery partners, and reporting everything in writing, as well as notices being displayed inside and outside the premises.
Licensing Authority
Ms. Driver expressed concerns that the premises sits directly beneath a large complex of residential units and the premises are directly next to a busy main road. There were concerns that any collection by customers or delivery drivers was more likely to be accessed at the rear of the property, as the front entrance sits on a busy main road, which is a red route and a busy bus route. The rear of the property faced a highly residential area including residential properties all along Suzannah Street, a narrow adjacent street. .
Ms Driver was concerned that noise disturbance from mopeds coming “in and out” was not addressed by other premises in the area having similar operating hours. There was a fear that if the Sub-Committee granted the application, it would set a precedent for other nearby businesses to operate twenty-four hours.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all the evidence before them and heard the oral representations at the meeting virtually and in person from the Applicants and the Licensing Authority. The Applicant were seeking the following:
Late night refreshments
Monday to Sunday 23:00 hours to 05:00 hours (the following day)
Opening times
Monday to Sunday 23:00 hours to 05:00 hours (the following day)
The Sub-Committee considered what was reasonable and proportionate for the promotion of the licensing objectives, in particular, the prevention of public nuisance.
Paragraph 10.13 of the Secretary of State’s Guidance under S182 of the Licensing Act 2003 says that that Act “gives the licensing authority power to make decisions about the hours during which premises can conduct licensable activities as part of the implementation of its licensing policy statement. Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities.”
Paragraph 14.51 of the same Guidance says, “With regard to licensing hours, the Government acknowledges that different licensing approaches may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions regarding licensed opening hours as part of the implementation of its licensing policy statement and licensing authorities are best placed to make such decisions based on their local knowledge and in consultation with other responsible authorities.”
The Sub-Committee noted the evidence of Ms. Driver from the Licensing Authority, that the premises sits directly beneath a large complex of residential units and the outside area was fenced off directly facing the roadside. The Sub-Committee noted the concerns that any collection by customers or delivery drivers was more likely to be accessed to the rear of the property. The Sub-Committee noted that the rear of the property was a highly residential area overlooking a residential block including residential properties all along Suzannah Street, a narrow nearby street.
The Sub-Committee noted concerns about mopeds causing noise nuisance to residents from persons. The Sub-Committee were concerned about the
The Sub-Committee noted the Applicant’s agreement to a reduction in the hours, if the Sub-Committee considered this to be reasonable.
The Sub-Committee noted from pages 76 and 77 of the Agenda papers, that a number of other premises in the locality had late night refreshment hours no later than 02:00 hours
The Sub-Committee therefore considered that a reduction in the hours sought to 02:00 hours would be reasonable and proportionate in the circumstances, to prevent public nuisance.
The Sub-Committee noted that the front entrance sits on a busy main road, which is a red route and a busy bus route. The Sub-Committee were concerned about delivery drivers parking in that road directly in front of the premises.
The Sub-Committee therefore felt it reasonable and proportionate to impose a condition that there should be signs in the front windows of the premises directing delivery drivers not to park directly in front of the premises, but in the area designated by the premises licence holder.
Accordingly, the Sub Committee unanimously;
Decision
That the application for a new premises licence for Pizza Hut East India Dock Road London E14 0EA be GRANTED with CONDITIONS
Provision of Late – Night Refreshments (indoors and Outdoors)
Monday to Sunday – 23:00 - 02:00hrs (the following day)
Opening times
Monday to Sunday – 11:00 hours – 05:00 hours
Conditions
1. The premises shall install and maintain a comprehensive CCTV system.
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 upon the
request of Police or authorised officer throughout the entire 31 day
period.
2. Suitable and sufficient artificial lighting is provided and maintained in any
area accessible to the public.
3. Delivery drivers will only arrive at the shop when the order is ready for
collection.
4. All fixed equipment at the premises, such as ventilations systems that
produce significant levels of noise are fitted with appropriate means of
noise submission and are restricted in their use so as to minimise
disturbance to any neighbouring noise sensitive premises.
5. The ventilations and extract systems are designed and maintained so as
to prevent noxious smells causing nuisance to nearby properties.
6. No customers can eat in the premises.
7. No noise generated on the premises, or 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.
8. Notices shall be prominently displayed at all exits requesting patrons to
respect the needs of local residents and businesses and leave the area
quietly.
9.There should be signs in the front windows of the premises directing delivery drivers not to park directly in front of the premises, but in the area designated by the premises licence holder.
Supporting documents: