Agenda item

Report of the Executive Director Supporting Communities

 

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

 

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a new premises licence under Section 17 of the Licensing Act 2003.

 

Paru Bhudia, Licensing Officer, summarised the report.

 

Frank Fender, legal representative to the Applicant, stated that the proposed operating hours had been reduced from 04:00hrs to 02:00hrs on Friday and Saturday nights. Between 01:00-02:00hrs on Friday and Saturday nights the operation would be limited to delivery only.

 

Esther Jones, Licensing Authority responsible authority, spoke to their representation. Esther Jones stated that their objection was due to the premises being located in the CIA. The risks of the premises operating late-night hours in the CIA in a residential zone was that people would gather in the area and disturb local residents through noise pollution, littering, and the increased likelihood of antisocial behaviour occurring.

 

In response to questions, it was confirmed that the premises already had an existing premises licence and there had been no previous reports of issues at the premises.

 

Kate Gemmell spoke to the three interested party objecting representations: herself as TRACT, on behalf of Patricia Thomas as a local resident, and on behalf of Brenda Gardiner as the Castlehaven Community Association. The following concerns were raised: the premises was situated in a CIA and the Applicant had not made a case demonstrating this application was an exemption to Camden’s Licensing Policy, therefore any extension of the current terminal hours would add to the cumulative impact of licenced venue’s in the area and would negatively impact the licensing objectives; once customers were outside of the venue and finished being served, the venue had no means of controlling the their behaviour; takeaway delivery operatives would disturb local residents late at night and there were no proposed conditions which addressed mitigation of this issue.

 

In response to questions, Kate Gemmel confirmed that she was not aware of the premises causing any disturbance to residents on the current licence, however noted that any new extended terminal hours would change the type of operation into a late-night venue which created different problems.

 

Frank Fender, accompanied by the Applicants Mr. Moshe Forte and Mrs. Agnieszka Forte, spoke to their application. The following points were made:

 

·       The difference between the existing licence and the application was an extension of hours for alcohol sales, including the introduction of off-sales, and the extension of hours for late-night refreshments.

·       A meeting took place between with the Police which resulted in the withdrawal of their representation where it was agreed the terminal hours would be reduced.

·       All four representations were made due to the CIA policy and they made no reference to the existing operation causing any issues for local people or the licensing objectives being undermined. There had been no complaints raised about the premises. In response to the resident concerns about the potential noise created by delivery operatives, the Applicant was happy to add new conditions that no takeaway deliveries should be made for the restaurant using motorised vehicles beyond 23:00 (including third-party operatives) and that a direct contact phone number to the restaurant manager be made available to local residents.

·       The Applicant was happy to accept the Licensing Authority’s proposed condition on refuse.

·       I am Doner was a franchise restaurant which had to follow litter and environmental conditions from the central franchise, for example using environmentally friendly packaging and separating refuse (food waste, recycling, general waste). When refuse was collected within trading hours, secure bags would be left on the street for 30 mins.

·       The restaurant was not to aimed at inebriated custom. Customers tended to work in hospitality and shift work patterns. The restaurant also provided for people with food intolerances and vegan diets. In their view Camden itself had evolved and was now less of a place associated with inebriated people. The premises wanted to run a clean, well run and high-end establishment.

·       The premises wanted to be part of the local community and the Applicant was happy to converse with local residents.

 

In response to questions, the following points were clarified:

 

·       Th Applicant contacted everyone who made a representation ahead of the hearing, but not prior to making the application, and out of those they only reached Kate Gemmell.

·       The premises had a pavement licence however only capacity was used, using two tables and chairs which were taken inside the restaurant later in the evening (latest 23:00pm) to prevent people gathering outside. If a group was seen to be congregating, staff were advised to take the furniture inside and the area was always monitored. The Applicant was happy to add a condition that the tables and chair be brought in at an earlier specified time.

 

In their closing remarks, Kate Gemmel stated that the resident concerns related to cumulative impact of late-night activities on residential streets. If there was a phone number to the restaurant manager, it would be challenging for residents to know which customers were associated with which licenced premises due to the number of venues in the area. Extending the operation hours would add to the cumulative impact and create public nuisance in the area. If the Panel was minded to grant the application, residents would welcome the electric vehicle condition offered by the Applicant.

 

In their closing remarks, Frank Fender stated the premises was already operating with a licence in excess of the framework hours and within the CIA and there were no complaints recorded. The Applicant was confident that the proposed conditions, including the additional conditions agreed with the Police, the reduced hours from the original application, and the additional conditions proposed during the hearing would ensure the operation would not negatively contribution to the CIA.

 

Decision and Reasons

 

In their deliberations, Panel Members stated that despite there having been no prior incidents of public nuisance or crime with the premises current operating hours, the extended hours applied for were late night and created a higher risk of issues occurring in the densely populated residential area.

 

A particular risk of disturbance was from delivery drivers operating until 02:00hrs on Friday and Saturday nights creating noise pollution from chatting and repeated door closing. There were already many premises in the area, therefore an additional venue adding to the cumulative impact of late-night operations was a consideration.

 

Panel Members were reassured that the additional conditions proposed by the Applicant during the hearing, and those agreed previously with the responsible authorities, would ensure a strengthened licence and increase safety in the area. Panel Members stated they could not support the proposed extended operating hours but could accept the terminal hours to extend to 12 midnight on Monday to Saturday and 22:30hrs on Sunday.

 

RESOLVED –

 

i)               THAT a licence be granted for:

 

a)            Supply of Alcohol (For consumption both on and off the premises)

 

10:00 – 00:00 Monday to Saturday

10:00 – 22:30 Sunday

 

To extend the terminal hour for the sale of alcohol until 01.00hrs the following day on Christmas Eve, Boxing Day, New Year’s Day, Burns Night (January 25th), Valentines Day (14th February), St Patrick’s Day (17th March), St George’s Day (23rdApril) and the Fridays, Saturdays, Sundays and Mondays of Bank Holiday weekends.

 

From the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.

 

b)            Late Night Refreshments

 

23:00 – 00:00 Monday to Saturday

10:00 – 22:30 Sunday

 

To extend the terminal hour for late night refreshment until 01.00hrs the following day on Christmas Eve, Boxing Day, New Year’s Day, Burns Night (January 25th), Valentines Day (14th February), St Patrick’s Day (17th March) and St George’s Day (23rd April) – where those days fall other than on a Friday or a Saturday.

 

To extend the terminal hour for late-night refreshment until 01.00hrs the following day on the Sundays and Mondays of Bank Holiday weekends.

 

From the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.

 

c)            Opening hours

 

23:00 – 00:00 Monday to Saturday

10:00 – 22:30 Sunday

 

To extend the terminal hour for the closing of the premises until 01.30hrs the following day on Christmas Eve, Boxing Day, New Year’s Day, Burns Night (January 25th), Valentines Day (14th February), St Patrick’s Day (17th March) and St George’s Day (23rd April) – where those days fall other than on a Friday or Saturday.

 

To extend the terminal hour for the closing of the premises until 01.30hrs the following day on the Sundays and Mondays of Bank Holiday weekends.

 

From the end of opening hours on New Year's Eve until the opening hours on New Year's Day.

 

Conditions consistent with the operating schedule

 

1. Staff will be trained with regard to their responsibilities in the retail sale of alcohol and licence conditions and the measures necessary for compliance with those conditions.

 

2. A record shall be made of the training provided and this record shall be made available to Police and authorised officers upon reasonable request.

 

3. CCTV shall be installed and maintained at the premises in an efficient working order.

 

4. Any area of the premises to which the public have access (except toilets) will be covered by CCTV and shall operate at all times when the premises are open to the public.

 

5. The quality and standard of recorded images must meet the requirements of the Police and Local Authority, to enable positive identification of individuals.

 

6. Recorded images shall be retained by the venue for a period of no less than 31 days.

 

7. Recorded images shall be supplied to the Police, Fire Service and Licensing Authority upon reasonable request in a format so it can be played back on a standard personal computer or standard DVD player. (e.g. Memory stick/CD/DVD). Authorised staff shall be trained in the operation and usage of the CCTV system including the viewing and downloading of images in order that they can be made available to the Police or an authorised officer of a responsible authority upon reasonable request.

 

8. An incident log shall be maintained and kept at the premises, and made available on request to the Police, Fire Service and Licensing Authority. The log will record the following:

(a)    All crimes which occur within the venue.

(b) All ejections of patrons.

(c)  Any incidents of disorder.

(d) Seizures of drugs or offensive weapons. Alcoholic

drinks which are sold for consumption on the premises will only be consumed within the premises boundary.

 

9. The premises shall operate as a restaurant:

(i)      where the supply of alcohol for consumption on the premises is by waiter or waitress service only;

(ii) which provides food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table or breakfast bar; and

(iii) where alcohol shall not be sold, supplied, or consumed on the premises otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

10. Alcohol sold for consumption off the premises shall be sold in sealed containers only.

 

11. Alcohol sold for consumption off the premises shall only be sold to customer who have ordered substantial food, either directly from the premises or by way of delivery following an order placed via telephone or internet.

 

12. Alcohol delivered as part of an off sale shall only be delivered to a residential or business address, and not to a public place.

 

13. Customers ordering alcohol as part of their order will be advised that ID will be requested at the point of delivery if the customer appears to be under the age of 25 years. This will be carried out verbally if ordering by telephone, or by a warning on any website used to make such orders.

 

14. All deliveries of alcohol for consumption off the premises shall only be made by recognised food and drink delivery companies who have written terms and conditions in respect of age restrictive products.

 

Such terms and conditions shall include the following information:

(a)    a requirement that persons ordering alcohol are over the age of 18 years.

(b)    that the delivery company shall operate a Challenge 25 age verification policy whereby customers who look under 25 will be asked by the delivery driver to provide proof that they are over 18.

 

15. The premises licence holder shall adopt Camden’s “Ask for Angela” initiative.

 

16. No alcohol shall be consumed on the premises from 01.30hrs until the commencement of permitted hours, on any day the premises is open after 01.30hrs.

 

17. All alcohol products and drinking vessels shall be cleared from all tables from 01.30hrs on any day the premises is open after this time.

 

18. Customers shall not be permitted to bring their own alcohol for consumption on the premises.

 

19. Adequate and appropriate supply of first aid equipment must be available on the premises at all times. Staff shall be trained in respect of the fire risk assessment for the premises and a record of such training shall be maintained at the premises. The record shall be made available for inspection by Authorised Officers.

 

20. Prominent, clear and legible notices shall be displayed at the exit requesting customers to respect the needs of local residents and to leave the premises and the area quietly.

 

21. Prominent, clear and legible notices shall be displayed at the external area at the front of the premises requesting that they use this area quietly.

 

22. Refuse, such as bottles must be placed into receptacles outside the premises at times that will minimise the disturbance to neighbouring properties.

 

23. Deliveries to the premises will be arranged so as to cause minimum disturbance to neighbouring properties.

 

24. The provision of live and recorded music at the premises shall not be a source of disturbance to noise sensitive premises in the vicinity of the premises.

 

25. Tables and chairs if placed outside by the premises shall not obstruct the public pathway such that members of the public are not able to use the pavements.

 

26. All staff members are required to complete a late-night security module upon commencing their employment. This course outlines essential guidelines, including specific instructions for late-night shifts, emphasizing what not to do to maintain a secure environment.

 

27. Patrols of the area outside the premises shall be undertaken every 60 minutes during the use of the licence and any litter attributable to the premises shall be cleared.

 

28. A ‘Challenge 25’ scheme will be implemented and maintained, whereby any person that appears under 25 years of age has to prove they are over 18 by providing acceptable identification (as per the Home Office Guidance on acceptable ID – ID must contain a photograph, date of birth, holographic mark or ultraviolet feature).

 

29. A notice shall be displayed in a prominent position at the premises to advise, customers that Challenge 25 is in operation at the premises.

 

30. A refusal log / electronic till record shall be kept detailing all refused sales of age-related products including alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale.

 

31. The log shall be available for inspection at the premises by the Police, and authorised officers of the licensing authority at all times whilst the premises are open. Customers ordering alcohol as part of their order will be advised that ID will be requested at the point of delivery if the customer appears to be under the age of 25 years. This will be carried out verbally if ordering by telephone, or by a warning on any website used to make such orders.

 

Conditions agreed by Licensing Panel C on 18 April 2024

 

35   No takeaway deliveries should be made for the restaurant using motorised vehicles beyond 23:00hrs (including third party operatives).

 

36   A direct contact phone number to the restaurant manager should be made available to local residents.

 

37   Suitable and sufficient refuse receptacles shall be provided to the premises such that they are capable of accommodating all the waste that may be generated by the premises and collection, storage and disposal of refuse can be done in a timely manner.  This should be incorporated into the policy referred to in the application for the collection of street litter.

 

38   Tables and chairs outside of the restaurant should be moved inside by 22:00hrs.

 

ACTON BY: Executive Director Supporting Communities