Agenda item
Application for a new Premise Licence for Milano Express Pizza and Peri Peri, 479 Cambridge Heath Road, London, E2 9BU
Licensing Objectives:
· The prevention of public nuisance and
· The prevention of crime and disorder
Representations:
· Licensing Authority
· Environmental Protection
Ward: Bethnal Green West
Minutes:
The Sub-Committee considered an application by Milano Express Pizza and Peri Peri Ltd. (“the Applicant”) for a new licence to be held in respect of 479 Cambridge Heath Road, London, E2 9BU (“the Premises”). The application sought authorisation for the provision of late-night refreshment from 23:00 hours to 01:00 hours Sunday to Thursday and from 23:00 hours to 02:00 hours on Friday and Saturday. The application did not state whether this was for consumption on or off the Premises but given the size of the Premises from the photographs supplied and the description of the Premises as a takeaway, the Sub-Committee understood the application to be for consumption off the Premises only.
Applicant
The Sub-Committee heard from the Applicant’s agent, Mr. Mangrio, and the Applicant’s director, Saidajan Hassankheil. Mr. Mangrio stated that the concerns raised by the responsible authorities related to previous operators and that they were nothing to do with the Applicant. It was accepted that he had a connection to the former operator in having previously operated a company at an address in Upton Lane, London, E7. However, they were entirely separate businesses and could not be taken into account.
The allegations of nuisance were not accepted. Mr. Mangrio suggested that the Premises would benefit the local community by providing a safe environment for locals purchasing food at the end of a night out. He drew the Sub-Committee’s attention to the lack of any residential objections.
Licensing Authority
The Sub-Committee heard from Kathy Driver on behalf of the Licensing Authority, who accepted that each application needed to be judged on its own merits. However, there had been a number of objections in respect of the Premises since 2021, there had been prosecutions brought against some of the operators, and a previous licence had been revoked.
Ms. Driver said that residents had reported feeling intimidated and may not have objected because of that. The last complaint received in October 2023 alleged that the previous owner was still present and that the Premises were operating after 23:00 hours. Two applications had been made since the previous licence revocation and the Licensing Authority believed the people involved were all linked. She had no confidence in the Applicant’s ability to ensure compliance with the law.
Ms. Driver also expressed concerns about the number of businesses apparently operating from this address.
Environmental Protection
Nicola Cadzow addressed the Sub-Committee on behalf of the Environmental Health Service. She referred to complaints received from April 2022 to early 2023 which related to drunkenness, nuisance from delivery drivers, and similar. She opposed the application but had suggested conditions in her representation which she asked the Sub-Committee to impose in the event Members were minded to grant the application.
Members queried with the Applicant about the other websites and businesses allegedly operating from the Premises. Mr. Mangrio explained that those websites were the property of their owners and nothing to do with the Applicant, who could not exercise any control over them. He had asked the previous owners to take them down.
The Applicant denied that he had operated outside of permitted hours and that he had only the one website. Members queried the sale and transfer of the business. The Sub-Committee was told that the Applicant currently had a licence to occupy from the freeholder and was seeking a fresh lease. If that was not possible, however, then the Applicant would look to have the lease assigned. The Sub-Committee was told that there had been contracts for the sale of the business although it seemed that there was very little sell beyond some equipment.
Ms. Driver clarified that the last complaint had been received around 22nd October 2023 and this had alleged late opening most days. There was a more general complaint around August 2023 in which a resident had confirmed that the Premises were closing at 23:00 hours and that they did not want the Premises to be permitted to operate beyond that. They had been advised to make a representation but had not done so due to fear of intimidation as they lived close to the Premises.
The Legal Adviser asked the Applicant whether he would be willing to agree to a condition, if the licence were granted, that Haroon Hamidi, Islam Hamidi, Feradoon Hamidi, Umid Hussain Khel and Mohammed Mangal Jillani not be permitted to have any involvement in the day-to-day running of the business or be permitted to be on the Premises when licensable activity was taking place. Mr. Mangrio did not object to the first part but suggested that the Applicant could not stop them being on the Premises.
This application engages the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. The Sub-Committee did consider the possibility of adjourning so that more documentation could be provided in respect of the sale of the business and the lease or occupation arrangements, but ultimately decided it was able to deal with the application without that information.
The Sub-Committee noted that each application must be considered on its own merits. It accepted that there had been prosecutions of previous operators. However, neither the Applicant nor its director had not been prosecuted for any offences nor was it suggested that they were involved in any such offences. The Police had not made any representation in respect of crime and disorder and whilst that did not prevent anyone else from doing so, it did not suggest any wider crime and disorder concerns.
The Sub-Committee noted in particular the lack of representations from residents. Whilst it was said that residents felt intimidated, there was no evidence of this before the Sub-Committee. Residents could have asked for personal information to have been withheld or could have made representations regardless and not attended or asked for someone else to speak on their behalf. The Sub-Committee noted in particular that the last complaint produced in the representations was dated in January 2023, some ten months ago. The Sub-Committee was told of a comment or complaint in August that the Premises were closing at 23:00 hours, which post-dated the Applicant taking over the business. There was an allegation in October of opening late almost every week but, again, this was not directly before the Sub-Committee and there was nothing to substantiate this in any way. It is for those making representations to ensure that they can withstand scrutiny and the Sub-Committee considered the benefit of any doubt here needed to be given to the Applicant. If the Premises were opening beyond 23:00 hours since late July 2023, the Sub-Committee would have expected clear and cogent evidence to have been produced in support.
The Sub-Committee took account of the concern over the websites. However, this was explained by the Applicant and there was no reason to consider the explanation to be untrue. The Sub-Committee noted the connection between the applicant and prior operators but did not consider that it had been given sufficient evidence to show that this was a sham and that it was a front for the previous operators. The mere fact that the Applicant knew at least one of the previous operators did not justify a conclusion that this operator could not be trusted or that the change of business was in any way a sham. The Sub-Committee considered that this was a genuine sale or transfer of the business and that the Applicant had demonstrated that he was able to comply with a licence and its conditions and promote the licensing objectives. There was no evidence that this Applicant had or was likely to undermine the licensing objective of the prevention of public nuisance.
Decision
The Sub-Committee therefore granted the application as sought and with the conditions proposed in the operating schedule, those sought by Ms. Cadzow, and those discussed with our Legal Adviser in respect of the previous operators. The Sub-Committee did not accept Mr. Mangrio’s assertion that the people named could not be “conditioned off” the Premises; the Applicant was in control of the Premises and ultimately had the right to refuse entry to anybody. Given the concerns raised in respect of those previous operators, the Sub-Committee was satisfied that it was entirely reasonable and proportionate for the promotion of the licensing objectives to ensure not only that they were not involved in the business but also that they could not be present when licensable activity was taking place.
Provision of late night refreshment (off the premises)
Sunday to Thursday 23:00 hours to 01:00 hours
Friday and Saturday 23:00 hours to 02:00 hours
Conditions
1. One SIA registered member of staff will be on duty after 23:00 hourson Sunday to Saturday.
2. The Licence Holder shall ensure that an incident report book is kept, in which full details of all incidents are recorded. This shall be completed as soon as possible, and in any case no later than the close of business on the day of the incident. The time and date when the report was completed, and by whom, is to form part of the entry with details of the following:
a) Any incidents of crime & disorder or anti-social behaviour inside or immediately outside thepremises;
b) Any ejections of customers;
c) any refusals to serve customers
d) any faults in the CCTV system,
e) any visits by the police or an officer of the LocalAuthority;
f) any call to an emergency service.
3. The incident book is to be kept on the premises at all times and shall be produced to a police officer or authorised officer from the Local Authority uponrequest.
4. No person shall be permitted to bring alcohol into thepremises.
5. The Licence Holder shall install a CCTV system at the premises and ensure that it is maintained in working order. The system shall conformto the following points:
a) The CCTV shall monitor all the internal areas of the premisesto which the public have access and immediately outside the entrance;
b) Cameras on the entrance shall capture full frame, head and shoulders, images of all people entering the premises i.e capable of identification of evidential standard in any lightconditions.
c) Cameras overlooking the floor areas shall be wide angled togive an overview of the premises.
d) The recording device shall be located in a secure area orlocked cabinet:
e) CCTV will have a monitor to review images and recorded picture quality.
f) Digital images shall be kept for 31 days (with date and time stamping) and made available to police or authorised officerfrom the Local Authority upon request.
g) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times whencustomers remain on the premises.
h) The CCTV equipment shall have a suitable export method e.g CD/DVD writer so that the police can make an evidential copyof the data they require. Copies shall be made available to Police and authorised officers from the Local Authority upon request or within 48 hours at thelatest.
i) To ensure that no image quality is lost when making a copy. Ifthis format is non-standard then the manufacturer shall supply the replay software to ensure the video on the CD can be replayed on a standardcomputer
j) Should the CCTV become non-functional this shall be reported as soon as possible to the Licensing Authority. Repairs shall commence the next working day or at the availability of the CCTV technician and the Local Authority will be informed when it is complete or if there are any significantdelays.
6. 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 Policeor authorised council officer copies of recent CCTV images or data with the absolute minimum of delay whenrequested.
7. The Licence Holder shall ensure staff undertake conflict awareness training.
8. A written record will be kept of all staff who receive such training and a written record will be kept at the premises and made available to apolice officer or authorised officer from the Local Authority uponrequest.
9. No unaccompanied children under 18 years of age shall be allowed inthe premises after 23:00 hours.
10. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a public nuisance.
11. Notices shall be prominently displayed at all exists requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
12. Notices shall be displayed within the premises requesting that delivery drivers remain respectful of neighbours by keeping noise to a minimum by waiting inside the premises to collect deliveries.
13. Notices shall be displayed within the premises requiring delivery drivers not to leave vehicle engines idling outside the premises whilst the premises are operating.
14. Patrons shall not be permitted to loiter outside the premises having ordered and received their takeaway.
15. There shall be no idling of delivery vehicle engines outside the premises nor drivers hooting, shouting or raised voices, or loud music or radios whilst the premises are operating.
16. Feradoon Hamidi, Islam Hamidi, Haroon Hamid, Umid Hussain Khel and Mohammed Mangal Jillani shall not be permitted to have any involvement in the day-to-day management or operation of the premises nor shall they be permitted to enter onto or remain on the premises when the premises are open for licensable activity.
Supporting documents:
- CambridgeHeathRd479(2), item 3.1 PDF 279 KB
- CambridgeHeathRd479(2)_APPRED, item 3.1 PDF 19 MB
- Milano Pizza applicant response, item 3.1 PDF 107 KB