Agenda item
Application to Review the Premises Licence for Sajna Indian Grill Restaurant, 30 Osborn Street, London E1 6TD
- Meeting of Extraordinary, Licensing Sub Committee, Tuesday, 4th February, 2014 10.30 a.m. (Item 4.1)
Minutes:
At the request of the Chair, Mr Mohshin Ali, Senior Licensing Officer, introduced the report which detailed the application for a review of the premises licence for Sajna Indian Grill & Restaurant, 80 Osborn Street, London E1 6TD. It was noted that the review had been triggered by the Licensing Authority.
At the request of the Chair, Mr Andrew Heron, Licensing Officer explained that Sajna was one of the 2/3 premises who were repeat offenders for touting, he referred to his statement contained in the agenda and further explained that there had been 4 failed test purchases and there had been 16 complaints for this one premises which had been warned many times. It was further noted that the premise already had touting conditions on the licence which the Premise Licence Holder had complete dis regard for as they were breached on a regular basis and had been fined and prosecuted for. Mr Heron mentioned that he had visited the Licence Holder many times to advise him of the breaches however it still continues to occur. He detailed some of the incidents of touting and concluded that to improve the management of the premises, Members were recommended to suspend the licence for a period of 4 weeks.
Members then heard Mr Ali Akbor, Director of the premises who stated that he was disappointed to be here again. He stated that the premise was fined £3000 for reports of touting. He mentioned that the restaurant was in a quite area and business was not doing so well and they had to work really hard to compete with restaurants in Brick Lane. He stated that the meet and greet staff had been told not to go on the pavement to speak to customers and to stay within the door. Mr Akbor concluded by stating that that it was a family business and that he had to tout for his business to survive and would have to continue touting to keep his business going.
The Chair questioned Mr Heron about why suspension was requested and not revocation. Mr Heron stated that the best way to control the premises and improve control of management was through the Licensing Act.
Members retired to consider their decision at 10.55am and reconvened at 11.10am.
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 Licensing Guidance and the Council’s Statement of Licensing Policy.
Consideration
Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had reached a decision and the decision was unanimous. Members looked at all the powers available to them and decided to revoke the licence. This was on the grounds of the prevention of public nuisance and the prevention of crime and disorder.
Members heard from the responsible authority that this restaurant was one of the worst offenders on Brick Lane. Members took into account of the fact that there have been two previous suspensions as well as a prosecution. Members heard from the Premise Licence Holder that “he needed to tout to maintain his business”. This was in direct contravention of his premises licence and they had no faith that a suspension would have any effect.
Whilst Members note the Licensing Officer’s point regarding control, this was not a reason not to request revocation in a case which clearly merited it.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the premises licence for, Sajna Indian Grill & Restaurant, 30 Osborn Street, London E1 6TD, be REVOKED.
Supporting documents: