At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed an application by Mr. Selim Balta for a premises licence in respect of The Widows Son, 75 Devons Road, London E3 3PJ.

 

The application sought the following: -

The sale by retail of alcohol (On sales only): -

Monday to Thursday, from 12:00 hrs to 22:30 hrs

Friday and Saturday, from 12:00 hrs to 23:30 hrs

Sunday, from 12:00 hrs to 22:30 hrs

 

The provision of late-night refreshment indoors from Friday and Saturday, from 23:00 hrs to 00:00 hrs.

 

Representations were received against the application from residents on the basis of noise disturbance, particularly from loud music and from patrons in high spirits.

 

At the request of the Chair, Ms Dilek Alagoz, the applicant’s licensing agent said that the application was made by a family business seeking to take over operation of the premises from the existing premises licence holder. The applicant had no details of issues arising under the existing premises licence holder and had no connection with the existing premises licence holder. The applicant had tried engaging with local residents to assure them that things would be better run under new management, but there remained objections from residents based on issues with the existing premises licence holder.

 

It was noted that the operating schedule for the application differed significantly from that of the existing premises licence, which the applicant did not seek to take over. In particular, the applicant would not provide live music at the venue and the hours sought were fewer than those in the existing premises licence. The applicant explained that it was a family friendly run restaurant, closing earlier than the premises had under the existing premises licence holder.

 

The objectors did not attend the meeting, but had submitted written representations expressing concerns about disturbance from loud music and patrons in high spirits having arguments, which were considered by the Sub-Committee.   

 

Decision

 

This application engages the licensing objective of preventing public nuisance.    

The absence of objection by any of the responsible authorities was of neutral weight.

 

The Sub-Committee appreciated the legitimate concerns of residents based upon noise disturbance suffered when the premises were run by the existing premises licence holder.

 

There was no evidence that the applicant was connected with the existing premises licence holder. The applicant had provided assurances that there would be no repeat of the above issues under his management. That allied to the conditions offered, and conditions agreed with Environmental Protection gave the Sub-Committee confidence that the applicant would uphold the licensing objectives, particularly preventing public nuisance.

 

Accordingly, the Sub Committee unanimously;

 

RESOLVED

 

That the application for a new premises licence for The Widows Son, 75 Devons Road, London E3 3PJ be GRANTED subject to the following conditions:

 

Sale by retail of alcohol (On sales only): -

 

Monday to Thursday, from 12:00 hrs to 22:30 hrs

Friday and Saturday, from 12:00 hrs to 23:30 hrs

Sunday, from 12:00 hrs to 22:30 hrs

 

Late-night refreshment (indoors)

 

Friday and Saturday, from 23:00 hrs to 00:00 hrs

 

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. 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. An incident log shall be kept at the premises, and be available on

request to the Police or an authorised officer. It must be completed

within 24 hours of any incident and will record the following:

a) all crimes reported to the venue;

b) all ejections of patrons;

c) any complaints received concerning crime and disorder

d) any incidents of disorder;

e) all seizures of drugs or offensive weapons;

f) any faults in the CCTV system, searching equipment or scanning

equipment;

g) any refusal of the sale of alcohol;

h) any visit by a relevant authority or emergency service.

 

4. The premises shall have in place, and operate, a zero tolerance policy

with regard to the use/possession of controlled drugs and psychoactive

substances and advertise the same within the premises on posters and

similar means. This policy shall specifically include but not be limited to:

a) Searching practices upon entry;

b) Dealing with patrons suspected of using drugs on the premises;

c) Scrutiny of spaces including toilets or outside areas;

d) Clear expectations of staff roles (including the DPS,

managers/supervisors and door supervisors);

e) Staff training regarding identification of suspicious activity and what

action to take;

f) The handling of items suspected to be illegal drugs or psychoactive

substances

g) Steps taken to discourage and disrupt drug use on the premises

h) Steps to be taken to inform patrons of the premises drug

policy/practices

Any customers or other people on the premises who cause public disorder will be reported to the Police immediately A copy of this policy document shall be lodged with the police and licensing authority.

 

5. Public toilets on the premises should be regularly checked i.e. at

intervals of no less than an average of 2 hourly, while the premises are

open to the public.

 

6. In the event that a serious crime is committed on the premises (or

appears to have been committed) the management will immediately

ensure that:

a) The police (and, where appropriate, the Ambulance Service) are

called without delay;

b) All measures that are reasonably practicable are taken to

apprehend any suspects pending the arrival of the police;

c) The crime scene is preserved so as to enable a full forensic

investigation to be carried out by the police; and

d) Such other measures are taken (as appropriate) to fully protect the

safety of all persons present on the premises.

 

7. The Pub Manager shall actively participate in and support the local Pub

Watch Scheme where active.

 

8. A minimum of two members of staff shall be present on the shop floor

after 21:00 hours.

 

9. At least one of the following, a Personal Licence Holder, the Premises Licence Holder, or the Designated Premises Supervisor shall be present at the premises at all times during licensing hours.

 

10. All drinking glasses shall be made of toughened glass.

 

11. There shall be no promotions that encourage illegal, irresponsible or

immoderate consumption.

 

12. Free potable water shall be provided on request to customers.

 

13. Customers showing signs of intoxication shall be refused the sale or supply of alcohol.

 

14. No accumulation of combustible rubbish, dirt, surplus material or stored goods shall be permitted to remain in any part of the premises except in an appropriate place and of such quantities so as not to cause a nuisance, obstruction or other safety hazard.

 

15. The premises licence holder shall ensure that adequate measures are in

place to prevent the escape of odours from the premises. This includes

odour from food preparation and refuse storage.

 

16. The licence holder shall ensure that adequate measures are in place to

remove litter or waste and to prevent litter from accumulating in the immediate vicinity of their premises.

 

17. The premises licence holder shall ensure that any patrons smoking

outside the premises do so in an orderly manner, and are supervised by

staff so as to ensure that there is no public nuisance or obstruction of the

public highway.

 

18. No waste or recyclable materials, including bottles, shall be moved,

removed from or placed in outside areas between 23:00 hrs and 08:00

hrs the following day.

 

19. Last orders shall be made 30 minutes before the closing time, and

customers shall be notified about closing time. Steps shall be taken to

encourage customers to leave the premises quietly.

 

20. The manager and staff shall be briefed in the importance of their

responsibilities in ensuring customers are over 18 years.

 

21. A Challenge 25 scheme shall be operated, whereby any person who

appears to be under the age of 25 years of age is required to produce on

request an item which meets the mandatory age verification requirement

and is either a:

a) Proof of age card bearing the PASS Hologram;

b) Photocard driving licence;

c) Passport; or

d) Ministry of Defence Identity Card

 

22. A refusals record shall be maintained at the premises which details all

refusals to sell alcohol. Each entry shall, as a minimum, record the date

and time of the refusal and the name of the staff member refusing the

sale. All entries must be made as soon as possible and in any event within 4

hours of the refusal and the record must be made immediately available

to police, trading standards or licensing authority staff upon reasonable

request. The refusals record shall be maintained either be electronic

means or in a bound document, and retained for at least 12 months from

the date of the last entry.

 

23. All staff engaged in the sale or supply of alcohol on the premises shall

have received training in relation to the protection of children from harm

(including under-age sales), how to recognise drunkenness and the duty

not to serve drunk persons. Refresher training shall be carried out at least every six months. Training records shall be kept on the premises (or otherwise be accessible on the premises) for a minimum of 12 months and made immediately available to police, trading standards or licensing authority staff upon reasonable request.

 

24. Children under the age of 16 must be accompanied by an adult.

 

25. All children under the age of 18 shall vacate the premises by 22:00

hours.

 

26. No Music or Amplified Sound shall be generated on the premises to give

rise to a public nuisance to neighbouring residents.

 

27. Loudspeakers shall not be located in the entrance lobby, or outside the

premise building nor on ceilings, and anti-vibration mounts used for

speakers attached to the walls.

 

28. All windows and external doors shall be kept closed when regulated

entertainment takes place, except for the immediate access & egress of

persons.

 

29. No collections of waste or recycling materials (including bottles) from the

premises shall take place between 22:00 hours and 08:00 hours on the

following day.

 

30. No deliveries to the premises shall take place between 22:00 hours and

08:00 hours the following day.

 

31. Notices shall be prominently displayed at all exits requesting patrons to

respect the needs of local residents and businesses and leave the area

quietly.

 

32. Patrons permitted to temporarily leave and then re-enter the premises,

e.g. to smoke etc, shall be limited to 8 persons at any one time.

 

33. No noise shall emanate from the premises nor vibration be transmitted

through the structure of the premises, which gives rise to a public

nuisance.