Agenda item
Application for a New Premises Licence for Quick Grill Ltd, 194 Mile End Road, London, E1 4LJ
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report, which detailed the application for a new premises licence for Quick Grill Ltd, 194 Mile End Road, London E1 4LJ. It was noted that objections had been received on behalf of the Licensing Authority and the Metropolitan Police.
Mr. Chowdhury was not present at the meeting due to ill health.
At the request of the Chair, Mr Mifta Ahmed, Licensing Representative in the absence of the Applicant spoke on behalf of Mr Mohammed Shilu Chowdhury, Applicant, and explained that Mr Chowdhury fully accepted that failings had occurred at his premises in 41 Brick Lane in relation to which Mr. Chowdhury held a premises licence, and this was because he could not maintain the day to day running of the business as it had been managed by staff and staff had not adhered to instructions. Mr Ahmed explained that Mr Chowdhury had relinquished his involvement in the business at 41 Brick Lane and would solely be working at 194 Mile End Road.
Mr Ahmed stated that concerns arising at 41 Brick Lane related to the underage sale of alcohol and cigarettes, and that these matters should be treated separately as this application was distinctly different, being an application for a licence to provide late night refreshments only. Mr Ahmed also assured Members that Mr Chowdhury would be involved in the day to day running of the business at 194 Mile End Road and all conditions would be adhered to.
He explained that modest hours had been applied for, that they were currently trading and selling up until11pm and were now seeking to increase their hours in line with the Council Framework Hours. He stated that it was a modest increase and highly unlikely to cause any problems.
He explained that in relation to previous selling of hot food beyond the permitted hours at 194 Mile End Road with a late night refreshment licence, there had been a misunderstanding on Mr Chowdhury’s part as he thought he could sell hot refreshments until late. It was submitted that there had been no Environmental Health breaches or instances of Anti-Social Behaviour at 194 Mile End Road, since those premises had been open and therefore this demonstrated that Mr Chowdhury was a fit and proper person.
Members then heard from the Responsible Authorities, apologies for absence were received on behalf of PC Mark Perry, Metropolitan Police and it was confirmed that Mr Mohshin Ali, representing the Licensing Authority would speaking on behalf of the Police too.
Mr Ali stated that the Police maintained their written representations. He briefly explained that the hours applied for were still 30 mins over the Council’s Framework hours, he said that during a test purchase in 27 April 2018, there was a sale without a licence. It was noted that the applicant was also a Premises Licence Holder for a venue in Brick Lane which had been fined for breaches of the Licensing Act and had pending enforcement action.
He stated that the Licensing Authority made a representation on the basis that they had no confidence that the applicant would uphold the licensing objectives of preventing crime and disorder and public nuisance. Reference was made to the fact that the police still objected to the grant of a late night refreshment licence. However, if the Sub Committee were mindful to grant the application then Members were asked to add the conditions proposed in the written representations already made by the Police.
In response to questions from Members the following were confirmed respectively by Mr. Ali and Mr. Ahmed ;
- That there was outstanding enforcement action still under consideration in respect of two breaches of licensing requirements in relation to the premises at 41 Brick Lane.
- That Mr Chowdhury fully accepted his failings and as a result would no longer be running the business at Brick Lane and would manage the premises at 194 Mile End Road on a day to day basis.
- That Mr Chowdhury was under the misconception that that he had a late night refreshment licence in relation to 194 Brick Lane, when in fact such a licence had been surrendered in 2009 but he had not been aware of this.
- That checks and balances would be done from now on and Mr Ahmed was confident that conditions would be adhered to.
- That the Police maintained their objections. They were pleased to hear that the hours had been reduced but had no confidence in Mr Chowdhury to uphold the licensing objectives.
- That that the whole of the ground floor operated as a restaurant and there was no use of the upstairs.
In summing up, Mr Ali stated that the Responsible Authorities’ objections still remained, the hours were a concern, and given Mr. Chowdhury’s track record, there was a lack of trust in Mr Chowdhury and therefore on a balance of probabilities Mr. Ali felt that Mr Chowdhury would not uphold the licensing objectives.
Mr Ahmed briefly explained that Mr Chowdhury’s primary focus would be the business and that it was not Mr Chowdhury who had personally made the underage sales at 41 Brick Lane. At this point Mr Ali confirmed that Mr Chowdhury was present at 41 Brick Lane when the underage sales took place, but he was not the person, who undertook the transaction.
Members adjourned the meeting at 8.25pm for deliberations and reconvened at 8.45pm.
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 merits and the Chair stated that the Sub Committee had carefully considered all of the evidence before them. In the absence of the Applicant, Members heard representations made on behalf of the Applicant by their Licensing Representative and also heard representation on behalf of the Licensing Authority and the Metropolitan Police.
In reaching their decision, Members noted the previous breaches of conditions, trading without a licence, a number of failings and breaches in the Applicant’s other licensed premises at 41 Brick Lane, and pending enforcement action in relation to both those other premises at 41 Brick Lane and also in relation to the premises at 194 Mile End Road. Whilst the premises at 41 Brick Lane are not the subject of this application, what had happened regarding those other premises is relevant because it demonstrates the degree to which the applicant in running those other licensed premises can be trusted to uphold the licensing objectives, in particular, the crime and disorder objective.
Breaches of licensing conditions and trading without a licence are offences. Therefore, when such matters taking place do not uphold the crime and disorder objective.
Although it was noted that the Applicant would relinquish all ties with the premises in Brick Lane and concentrate on the current premises he is applying for, Members had no confidence that hours and conditions would be adhered to and therefore referred to the concerns raised by both the Responsible Authorities and their evidence showed that the applicant is unable to comply with licence times and conditions, and on a balance of probability is likely to do the same if this current application were to be granted.
Members were not satisfied that the Applicant would uphold the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance in relation to the objections raised by the Police and the Licensing Authority.
Members reached a decision and the decision was unanimous. Members refused the application.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Quick Grill, 194 Mile End Road, London E1 4 LJ be REFUSED.
Supporting documents:
- Quick Grill cover report, item 4.2 PDF 116 KB
- Quick Grill Appendices, item 4.2 PDF 3 MB
- Quick Grill Supporting Docs 1 - LA, item 4.2 PDF 54 KB
- Quick Grill Supporting Docs 2 - LA, item 4.2 PDF 71 KB