Agenda item
Licensing Act 2003: Application for a New Premises Licence for Rochelle Canteen, Arnold Circus, E2 7ES
Licensing objectives: Public nuisance, Crime & disorder
Representations by: Local residents
Minutes:
In attendance
Saba Naqshbandi (Applicant’s Counsel)
Lisa Inzani (Applicant’s Solicitor)
Melanie Arnold (Applicant)
Margot Henderson (Applicant)
Patrick Clarke (Objector)
Ali Hayder (Objector)
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;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Members heard from Ms Saba Naqshbandi (Counsel for the applicants) who stated her clients were established chefs, who had operated from the premises since 2005. The café had grown organically into a restaurant and was poplar with local residents. She made reference to the number of people who had attended in support of the application. She referred members to page 216 which appended the plan of the location and said it was a small operation with a maximum of 36 covers inside and 20 outside. To enable a better understanding of the area she referred Members to the photographs on page 327 onwards.
Ms Naqshbandi sighted the proposed conditions on page 214 and stated none of the Responsible Authorities were objecting to the licence. She also made reference to the menu page 32, alcohol offering at page 323 and non-alcoholic drinks offering at page 325. With respect to the objections Ms Naqshbandi stated her clients had offered to talk to complainants and indeed one objector, Mr Bailey (appendix 8) had withdrawn his objection once he had spoken to the applicants.
To counter Ms Naqshbandi’s statement, Mr Patrick Clarke and Mr Ali Hayder addressed the Sub-Committee. Mr Clarke stated he had witnessed early morning deliveries contravening the current licence and his letter pages 226-227 stated in detail his concerns. Mr Ali Hayder stated he was a signatory on the petition submitted by his sister (Appendix 10) and had made a personal representation page 283. He sated the premises in question was the adjoining property and his family objected strongly to the application before the Sub-Committee.
He said they had tolerated noise disturbance for over 10 years but had chosen not to complain to the authorities in order to be good neighbours. However the constant humming of customers chatting and noise of cutlery was such that his family are unable to sleep with the windows open, especially in the summer months.
After hearing from both sides, Members enquired about the sale of alcohol ‘off-site’. Ms Naqshbandi clarified this was in relation to her clients catering business however accepted that under the licence one could not stop off sales. Discussion also took place with regard to how long the outside area can be utilised. Members also made clear to Mr Hayder and Mr Clarke that if they had concerns they should report these to the Responsible Authorities.
Therefore considering all of the above, Members decided to GRANT the application.
Decision
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Rochelle Canteen, Arnold Circus, London, E2 7ES be GRANTED.
Hours premises are open to the public:
Monday to Sunday 08:00 a.m. to 10:00 p.m.
Sale of Alcohol (on sales – in restaurant only)
Monday to Sunday
Outside area 10:00 a.m. to 9:00 p.m.
Inside area 10:00 a.m. to 9:45 p.m.
1.1 The supply of alcohol, substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premiseswhere alcohol is sold or supplied for consumption on the premises.
1.2 Shall be by waiter or waitress service only.
1.3 There shall be no vertical drinking at the premises.
1.4 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 are 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 immediately upon the request of Police or authorised officer throughout the entire 31 day period.
1.5 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
1.6 All outside tables and chairs shall be rendered unusable by 21:00 hours each day.
1.7 All doors and windows to be kept closed by 22.00 hours each day.
1.8 A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
Additional Conditions
1.9 Sale of Alcohol (off site) to be restricted to external catering events only.
1.10 Deliveries must be made between 8:30 a.m. and 7:30 p.m. Monday to Sunday.
1.11 The outside space must to rendered useable by 21:00 hours and no customers must remain outside.
Supporting documents:
- 4.3a Rochelle Canteen rpt, item 5. PDF 102 KB
- 4.3b Rochelle Canteen Appendix, item 5. PDF 5 MB
- Supporting, item 5. PDF 17 KB
- 4.3c Food menu, item 5. PDF 67 KB
- 4.3d Alcohol, item 5. PDF 60 KB
- 4.3e soft drinks, item 5. PDF 56 KB
- 4.3f photos, item 5. PDF 6 MB
- 4.3g List of TENS, item 5. PDF 50 KB
- x Rochelle further supp note, item 5. PDF 18 KB
- Rochelle Canteen further supp info_Redacted, item 5. PDF 3 MB