At the request of the Chair, Ms Corrine Holland, Licensing Officer introduced the report which detailed an application by Qari Azimi to vary the premises licence held in respect of Perfetto Pizza, 391 Cambridge Heath Road, London, E2 9RA (“the Premises”). The current licence authorises the provision of late night refreshment from 23:00 hours to 01:00 hours the following morning from Thursday to Sunday. The application sought authorisation to provide late night refreshment seven days per week from 23:00 hours to 05:00 hours.

It was noted that the application received representations against it from the Licensing Authority and from the Environmental Health Team. These were predominantly based upon the Premises’ location within the Bethnal Green Cumulative Impact Zone (CIZ) and that the applicant had not rebutted the presumption against the grant of the licence. The responsible authorities asserted that the application would negatively impact upon the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance.

The Sub-Committee was informed that the applicant had reached an agreement with the police as to the hours and conditions. This was that the Premises would provide late night refreshment from 23:00 hours to 03:00 hours Monday to Sunday and that from 01:00 hours to 03:00 hours the provision of late night refreshment would be by delivery only.

At the request of the Chair, Mr Qari Azimi, applicant, explained that the reason for the variation was to ensure that the business was viable. There was a great deal of competition with other businesses, some of which were permitted to stay open later, such as the Wild Bean Café at 319 Cambridge Heath Road, and Best Kebab 503 Cambridge Heath Road. Mr Azimi further explained that the business was a family-run business, there was no regulated entertainment and had CCTV camera system in operation. It was also noted that there were no complaints from residents about their operation to date.

Members then heard from Mr Mohshin Ali, who addressed the Sub-Committee on behalf of the Licensing Authority. He told the Sub-Committee that there had been an allegation in October 2023 of the Premises opening beyond their permitted hours. A warning letter was sent and a visit carried out on 16^th October 2023. That visit showed the Premises was closed after 01:00 hours. The application made no mention of the Cumulative Impact Zone (CIZ) and the onus was on the applicant to show that they would not add to the problems within the CIZ. He submitted that the Sub-Committee had heard nothing about the promotion of the licensing objectives, merely the need for licensed hours. He asked that if the Sub-Committee was minded to grant the application, it should be with reduced hours.

Members also heard from Ms Nicola Cadzow on behalf of Environmental Protection who echoed Mr. Ali’s concerns. She noted that although there had been agreement with the police, the applicant had not spoken to her. There were no additional conditions being proposed and she was mindful of the Premises’ location, with flats above and to either side. She suggested that if the Sub-Committee were minded to grant the application, a condition should be imposed prohibiting the idling of engines and other steps to be taken to mitigate the risk of noise nuisance from delivery drivers.

In response to questions from Members the following was noted;

-       The applicant confirmed he was aware of the CIZ. They’d had the licence for a year for four days a week and had not caused any problems as a consequence and the allegation of operating outside of permitted hours was false.

-       The applicant confirmed that they used their own delivery drivers and did not use third-party delivery drivers.

-       That no loud music was played at the shop and the extra hours would make a big difference to the business.

-       That several similar neighbouring businesses had closed and if they did not get extra hours, they would be forced to close too.

-       The applicant reiterated the lack of complaints from residents and informed the Sub-Committee that due to a problem with the advertisement of the application, it had been advertised for two months. If they had caused problems, they would have expected there to have been representations against the application from their neighbours.

-       The applicant further confirmed that they used their own vehicles, which included a hybrid car, and so noise was not a problem. The applicant also asserted that new motorcycles tended not to be noisy.

-       The Premises were located on a main road so there was already noise from other vehicles.

-       The applicant confirmed, following a question from the legal adviser, that they would be agreeable to a condition that deliveries after 01:00 hours would not be by motorcycle. If the Sub-Committee wished to reduce the hours midweek to 01:00 hours, the applicant would also accept this, but he asked that the Sub-Committee not to do so.

Concluding remarks were made by all parties.

Decision

This application engages the licensing objective of the prevention of public nuisance. The Sub-Committee noted that the burden of proving that there would be no negative impact upon the CIZ falls upon the applicant. The Sub-Committee had regard to the Council’s policy, which provided non-exhaustive examples of applications that might be exceptional. However, each case was to be decided on its own merits.

The Sub-Committee noted that the allegation of trading outside of permitted hours was unsubstantiated and, when officers visited about two weeks later, the Premises were not found to be trading outside of their hours. The allegation was denied by the applicant and the Sub-Committee accepted that this was insufficient evidence of any breaches.

The Sub-Committee noted further that the applicant had been trading under the current licence, four days per week, and that there was no evidence that their operation undermined the licensing objectives. Were that to be the case, the Sub-Committee would have expected there to be more information in the representations or that local residents, who are often best placed to provide such evidence, would have made representations. There was no such information and the Sub-Committee accepted that this went some way towards evidencing the fact that the applicant could operate without undermining the licensing objectives.

The Sub-Committee noted further that the police had no apparent concerns with respect to the licensing objective of the prevention of crime and disorder if the applicant were to be permitted to operate to 03:00 hours. This had been further addressed by the agreed condition that from 01:00 hours, only delivery would be permitted. As patrons would not be able to attend in person, the Sub-Committee noted that this mitigated the risk of additional public nuisance or crime and disorder. In the event that the operation of the Premises causes future problems, the possibility of a licence review by a resident or a responsible authority is available.

The applicant also confirmed that they did not use third-party delivery drivers, The Sub-Committee is familiar with the problems that can arise from such use, such as noise nuisance from groups of drivers hanging around, especially in the small hours. In these circumstances, the Sub-Committee considers it appropriate and proportionate to impose a condition restricting the use of third-party delivery drivers. Equally appropriate is a condition restricting the use of petrol motorcycles for deliveries after 01:00 hours. Whilst the applicant asserted that modern motorcycles are quieter, the Sub-Committee is all too familiar with the loudness of some of these vehicles. The transient noise from one driving down the road in the early hours is of a different nature to the noise generated by such idling outside the premises and from the engine noise when they leave the Premises. The Sub-Committee also considered it appropriate and proportionate to impose a condition requiring the licence holder to ensure that delivery vehicles are not left with their engines idling and to ensure that notices are placed in the Premises to remind delivery staff of this.

Accordingly, the Sub Committee unanimously;

RESOLVED

That the application for a variation of the premises licence for Perfetto Pizza, 391 Cambridge Heath Road, London E2 9RA be GRANTED subject to the following conditions:

Late night refreshment

Monday to Sunday 23:00 hours to 03:00 hours

Conditions

1. From 01:00 hours until 03:00 hours, all sales shall be by way of delivery only.

2. There shall be no deliveries made by third-party delivery drivers.

3. Deliveries made after 01:00 hours shall not be made by use of petrol engine motorcycles or mopeds.

4. The premises licence holder shall ensure that delivery drivers do not leave their vehicles parked with engines idling.

5. The premises licence holder shall ensure that notices are placed in a prominent position within the premises reminding delivery drivers to switch off engines whilst waiting.