Agenda item
Application for a Variation of a Premises Licence for Super Kebab, 240 Cambridge Heath Road, London E2 9DA
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Super Kebab, 240 Cambridge Heath Road, London E2 9DA. It was noted that objections had been received on behalf of the Licensing Authority and Environmental Health.
At the request of the Chair, Mr Duncan Craig, Legal Representative on behalf of the Applicant stated that they wished to vary the original application made. He reduced the hours for late night refreshments to only one additional hour on Fridays and Saturdays to 4am. Mr Craig offered three additional conditions to help mitigate concerns of public nuisance. They were the following; that the premises is to clearly display notices asking customers to respect the needs of local residents and leave the area quietly; not to store refuse outside the premises between the hours of 9am and 9pm and to service the extractor fan at least every six months.
He stated that the hours sought had been reduced significantly and informed Members that there were other premises in the area that had later hours. Mr Duncan explained that the test purchase in November 2018 was on a day where it had been heavily raining and therefore customers were waiting inside to shelter from the rain and some had been waiting for taxis.
He assured Members that it was a one off and other than this failed test purchase there have been no other problems at the premises.
At the request of the Chair, Ms Corinne Holland, representative on behalf of Licensing Authority explained that the Applicant had owned the premises over the last 1 year during which there had been two failed test purchases. It was noted that the Licensing Authority had undertaken two test purchases outside of their licensed hours and successfully purchased hot food on both occasions.
She explained that at the last test purchase, she had been served after 3am and when the Applicant/staff were approached they were rude and not cooperative and due to their behaviour she had to leave the premises. It was noted that the premises was situated just outside the new Bethnal Green Cumulative Impact Zone, which indicated there was high concentration of anti-social behaviour in close proximity.
Ms Holland stated that the Applicant couldn’t abide by their current hours and therefore not satisfied that they would abide by any later hours and therefore asked that the application be refused.
Members then heard from Ms Nicola Cadzow, Environmental Health, who explained that granting the licence would cause potential impact of public nuisance and noise nuisance. She explained there were no measures to prevent noise generated from within the premises or outside it which could cause disturbance to people in the vicinity. Therefore she asked Members to refuse the application.
In response to questions the following was noted;
- That the conditions offered by the Applicant were to help promote the licensing objectives.
- That refuse was usually taken before 9am.
- That there was space in the basement to store refuse before collection.
- That during the test purchase, the Applicant had felt sorry for the customer as it was cold and raining and therefore served the customer, he said that there was a 24 hour camera system which could be viewed to confirm this.
- That the Applicant had 32 years of experience of working in a kebab shop.
- There have been no other problems at the premises.
In summing up Ms Holland stated that there has been two failed test purchases, the premises was close to the Cumulative Impact Zone (CIZ) and the hours applied for were excessive which would give rise to anti-social behaviour in the area.
Mr Craig stated that the premise was not in the CIZ, it was a modest application and they had offered conditions aimed at preventing public nuisance.
Members adjourned the meeting at 7.05pm to deliberate and reconvened at 7.15pm.
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 licensing 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 representation from both the Applicant’s Legal Representative and the Responsible Authorities (Licensing Authority and Environmental Health) that had objected to the application with particular regard to the licensing objectives of the prevention of public nuisance, and the prevention of crime and disorder.
The Sub-Committee took into account the objectors’ concerns relating to public nuisance, and anti-social behaviour; and noted objectors’ concerns about increased noise nuisance, impact upon family environment, and the likely increased numbers of clientele in the area if the application were to be granted. The Sub Committee were also concerned about the two failed test purchases at the premises.
The Sub Committee noted the variation made to the application with a reduction in the hours applied for to an extra one hour for late night refreshments on Fridays and Saturdays only. The Applicant’s Representative explained that the impact of the premises licence would not be significant and if granted, would be mitigated by the proposed conditions they had offered in relation to notices being displayed, refuse not to be put outside during 9am and 9pm and the regular service of the extractor fan. However, the Sub Committee considered that they had not heard sufficient evidence to demonstrate the late trading hours would be strictly adhered considering the two failed test purchases where late night refreshments were sold outside licensing hours.
Members reached a decision and the decision was unanimous. Members refused the application. The Sub Committee were not satisfied that the Applicant would comply with any additional hours/conditions, given the non-compliance with exiting conditions on the licence following the failed test purchases. The Sub-Committee were of the view that on the balance of probabilities, the premises was more likely than not to negatively add to the area in that the Sub-Committee was particularly mindful of the licensing objective of preventing public nuisance.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of the Premises Licence for Super Kebab, 240 Cambridge Heath Road, London E2 9DA be REFUSED.
Supporting documents: