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 the report of the Executive Director Supporting Communities.

 

Samina Khan, Licensing Officer, summarised the report and confirmed that the application was not in a Cumulative Impact Policy Area (CIA). 

 

The Licensing Officer advised that following negotiation and compromise with the applicant, several representations in objection to the application had been withdrawn, however one valid representation in objection to the application remained.

 

It was noted that the interested party who had made a submission in objection to the application was not in attendance. The panel agreed to proceed in their absence, as per Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005, and took the submission as read.

 

The applicant’s representative confirmed that the terminal hour in respect of supply of alcohol (for consumption on the premises) had been amended to 21:30hrs Monday to Sunday.

 

In making their submission, Sumin Ng, representing the applicant, explained that the concerns raised by the objector, in relation to deliveries to the premises, had been addressed by agreement of conditions.

 

Responding to a question of clarification the applicant’s representative, explained that conditions 8, 9, and 10, agreed with Charlotte Street Association, as set out within the supplementary agenda addressed the concern expressed about deliveries.

 

Deliberation and Reasons

 

Panel Members confirmed that they had been able to follow and understand the submissions and discussion in relation to the application in respect of Ning’s Fresh Beef Hotpot and Cantonese Sashimi.

 

In deliberation, the Panel noted the representations from the Police Responsible Authority and had been withdrawn upon agreement of additional conditions and amendments to the application, demonstrating the applicant’s willingness engage with local residents and the responsible authorities.

 

Furthermore, the Panel were satisfied that the agreed conditions addressed the concerns raised by the remaining representation.

 

Therefore, it was

 

RESOLVED –

 

THAT the application for a new license under section under section 17 of the Licensing Act 2003 be granted, as follows:

 

          Sale of alcohol (for consumption on the premises)

          Monday - Sunday:  11:00 – 21:30

 

With the following conditions:

 

1)       The sale of alcohol shall only be legitimate whilst the permitted use of the premises for planning purposes remains that of a Restaurant.

 

2)       There shall be no vertical drinking in the Premises.

 

3)       Alcohol will only be sold by waiter/waitress service to customers seated at tables.

 

4)       Alcohol sales will be ancillary to a meal.

 

5)       Police must be called to all incidents of crime and/or serious disorder.

 

6)       Off sales of Alcohol are only permitted alongside food orders. Alcohol only sales are not permitted for consumption off the premises.

 

7)        An incident log shall be kept at the premises, and made available on request to an authorised officer or the Police, which will record the following:

 

a)  all crimes reported to the venue

b)  all ejections of patrons

c)  any complaints received

d)  any incidents of disorder and violence

e)  all seizures of drugs or offensive weapons

f)    any faults in the CCTV system

g)  any refusal of the sale of alcohol to include date, time, and staff member

h)  any visit by a relevant authority or emergency service.

i)    CAD reference numbers where Police are called.

 

8)       Notices shall be displayed within the premises warning customers about personal thefts; and to be vigilant.

 

9)       CCTV shall be installed, operated, and maintained, to function all times that the premises is open for licensable activities. Said CCTV will comply with the following criteria:

a)  The licensee will ensure that the system is checked every two weeks to ensure that the system is working properly and that the date and time are correct;

b)  A record of these checks, showing the date and name of the person checking, will be kept and made available to the police or other authorised officer on request;

c)  The Police will be informed if the system will not be operating for longer than one day of business for any reason;

d)  The system will record in real time and recordings will be date and time stamped;

e)  Recordings will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to the police or other authorised officers on request (subject to the Data Protection Act requirements) within 24 hours of any request.

f)    CCTV to cover all entry and exit points of the building and also the area the delivery drivers park their vehicles.

g)  CCTV will be of good quality, a standard approved by the police/council licensing officers.

 

10)    The CCTV system shall be maintained in good working order and at all times the premises is open to the public, be fully operational covering both internal and external areas of the premises to which the public have access.

 

11)    The CCTV camera views are not to be obstructed.

 

12)    CCTV recordings must be concurrent with accurate time.

 

13)    At least one CCTV camera is to be placed no more than seven feet above floor level; near to the exit in order to capture clear facial images of all persons leaving the premises.

 

14)    The medium on which CCTV images are recorded shall be of evidential quality; stored securely; shall be retained for a period of 31 days; and be available for inspection by the Police or Local Authority upon request with 48 hours.

 

15)    At all times when the premises are open for the purposes of licensable activities, a suitably trained member of staff shall be present to assist the Police or an authorised officer of the Licensing Authority in obtaining the CCTV footage.

 

16)    The facility to transfer the images to a compatible, removable format, shall be held on the premises.

 

17)     At least one Staff working at the premises at any one time shall be trained in the use of CCTV and a log will be kept to verify this.

 

18)    Signs must be displayed in the customer areas to advise that CCTV is in operation.

 

19)    If the CCTV is inoperative or not installed and working to the satisfaction of the Police, then within 48 hours the Police shall be notified, and an estimate given of the repair timescale. The premises shall comply with all reasonable requests from the Police.

 

20)    A Challenge 25 policy will be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol and signs to this effect will be displayed at the premises. The only acceptable forms of identity will be those with photographic identification documents recognised in the Home Office guidance, including passports, photo-card driving licence or proof of age card bearing the PASS hologram.

 

21)    A sign shall be displayed at the point of sale stating No Proof of Age – No Sale.

 

22)    No more than 10 customers shall be permitted to smoke outside the premises at any one time.

 

23)    Staff training records shall be available for inspection by authorised officers of the licensing authority, officers of the trading standards service and officers of the Police.

 

24)    Installation of CCTV in premises to cover all entrances and exits and public area.

 

25)    Display notices to inform customers that they will be subject to recording by means of CCTV.

 

26)    All CCTV systems shall be well maintained, and all recordings made must be continuous and shall be retained and stored securely for a minimum of 30 day period. Specific requirement about recording CCTV must be sought from policy authority.

 

27)    All firefighting/safety equipment to be maintained and checked annually.

 

28)    All emergency exits shall be indicated by suitable signage. All means of escape shall be checked before the admission of the public.

 

29)    All employees shall be given appropriate instruction, training and supervision and must be familiar with all current operational policies.

 

30)    Prominent notices to be displayed at all exits requesting customers to respect the needs of local residents and leave the premises and area quietly.

 

31)    Adequate number of waste receptacles shall be provided to patrons and any litter dropped or discarded shall be retrieved by member of staff to prevent nuisance.

 

32)    The Disposing of glass bottles should not be carried out between 21:00hrs to 08:00hrs Monday to Sunday.

 

33)    Suitable measures shall be in place for the disposal of waste from the business.

 

34)    The premises must ensure that all waste is disposed of in a suitable receptacle.

 

35)    The area surrounding the premises must be kept clear of litter.

 

36)    Anyone who appears to be under 21 and is attempting to purchase alcohol in the licence premises or is consuming alcohol in the licence premises shall be requested to show “acceptable proof of age”.

 

37)    Food delivery service will stop to operate at closing hour of the restaurant.

 

38)    The restaurant forecourt will not form part of dining area.

 

39)    The last time of entry for taking a table meal shall be no later than 30 minutes before closing time.

 

40)    The supply of alcohol on the premises shall only be to customers seated taking a table meal there, and for consumption by such persons as ancillary to their meal.

 

41)    The supply of alcohol and food shall be by waiter and/or waitress service only.

 

42)    Smokers from inside will not be allowed to take out to outside their alcoholic drink; and no more than five customers shall be permitted to smoke outside the premises at any one time; and the location for smokers to be agreed.

 

43)    Customers smoking on the public highway (public pavements) shall not be permitted to cause obstruction of the highway (pavements) to passersby/ members of public.

 

44)    Notices shall be prominently displayed stating that this is also a residential area and asking patrons to respect to be quiet and considerate to neighbours and residents when leaving.

 

45)    There shall be no consumption of food and alcoholic drinks; and no tables and chairs on the external “private” forecourt area.

 

46)    If the external forecourt area is used, then the terminal hour for the use of Chairs and Tables on the forecourt by customers shall be 9.00pm Monday to Sunday.

 

47)    Customers who are waiting to collect take-away meals are to wait inside the premises, and not outside, in order to prevent noise and disturbance to nearby residents.

 

48)    Courier collections will only take place during the opening hours of the restaurant.

 

49)    To avoid noise and disruption to residents, and congestion in the street, for take away food orders that are being collected by delivery companies using couriers, there shall be the following arrangements:

a)    the use of cycle couriers shall be encouraged (instead of scooters) in order to cut down on noise disturbance;

b)    If scooter courier, the delivery/collection company will only be called when the order has been prepared and is ready for collection;

c)    Generally, one collection at a time whenever possible; and

d)    Scooter couriers shall turn off their engines, and there shall be no prolonged hanging around/waiting.

 

50)    The collection of rubbish outside the premises shall not take place between 21:00hrs and 08:00hrs Monday to Sunday.

 

51)    Deliveries shall not take place between 20:00hrs and 08:00hrs Monday to Saturday; and not before 12:00hrs on Sundays and Bank/Public Holidays.

 

52)    Restaurant management will sign up to Welfare and Vulnerability Engagement (WAVE) Training for all staff.