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.

 

Haydar Ozcan and Mahir Kilic, Applicants, stated there were no amendments to the application but they would agree to add the “Ask for Angela” condition as part of  the  application.

 

Johnny White, local resident interested party, summarised their representation included within the main agenda (pages 174) and stated that he lived above the venue. The following points were made:

·       Since making the representation, he and his partner had a positive and reassuring face-to-face conversation with the Applicant, who was friendly and approachable, and now the line of communication was open. The intention of residents was not to have tension between the parties or complaints to be raised without reason. The Applicant discussed sound proofing and confirmed the venue would be a restaurant and not a pub, which had been a concern to residents. Residents would have liked prior consultation between the Applicant and local residents to make the process easier.

·       Resident concerns remined about noise disturbance from the garden due to the intense sound amplification of the area, where currently quiet conversations could be heard through single-glazed bedroom windows overlooking over the garden.

·       The proposed extractor fan would affect the residents living situations, because according to the plans the equipment would pass through the balcony of a flat and would be visible from the bedroom - however it was noted that this was a planning matter and not licensing. Jonny White stated he wished for there to be no tensions between the venue and local neighbours as this would be stressful if the licence application was granted by the Panel.

 

Monika Szczygiel, local resident interested party, summarised their representation included within the main agenda (pages 169 – 172) and stated that she was a long-term neighbouring resident of more than a decade. In summary, the following points were made:

·       Currently the nature of the premises was a daytime café closing at 5.00pm and the application sought much longer opening hours, opening earlier and closing later, which would disrupt quiet evenings for local residents.

·       Sound carried heavily in the garden area due to it being a patio with brick walls, therefore to seat 10-15 customers at one time in the garden whilst the neighbouring rented flats only had single glazing windows to protect them from noise was a concern.

·       The noise assessment was not carried out on the roof of the resident flats as stated in the report, but was carried out on the roof of the business, which was approximately 2 metres further away than the bedroom windows.

·       There were women safety concerns due to the majority of the residents living in the building being female and living alone, and it could be intimidating for women returning home next to a venue open late into the evening with potentially drunken behaviour.

·       The pavement was narrow in front of the venue and there was a tree and a streetlamp, and if there were customers standing in front of the restaurant it would be hard to walk down the narrow street, which could be busy being close to a tube station.

 

In response to questions, the residents confirmed the following points:

·       The garden currently closed at 5.00pm. Currently the surrounding flats could hear normal noise level conversations and children speaking in the garden and the area was highly audible by nature. It was currently a manageable situation in the daytime however extending later into the evening would disturb residents.

·       If the application was granted, customers leaving the restaurant would linger outside on the narrow pavement which would cause disturbance.

 

Haydar Ozcan, the Applicant, represented by Mahir Kilic, , summarised the  application. The following points were made:

·       The application was for a café/restaurant to serve on and off sales between 11.00am -11.00pm and would not operate as a bar. There was 12-18 maximum capacity seating planned for the rear garden.

·       There had been no objections to the application by any of the responsible authorities.

·       There had been mediation emails between the Applicant and residents, which the Licensing Team was copied into, discussing how the venue would operate. There had been confusion about the extraction unit, which fell under planning and not licensing regulations, there was a live planning application that was yet to be determined.

·       In the process of submitting the application the Applicant commissioned a noise impact assessment to see if improvements were recommended. The report from the engineers was included within the agenda. The report provided recommendations to reduce noise emanating from the venue and background music to the first floor. The Applicant was willing to action the recommendations if the application was granted. Currently there was no soundproofing at the premises.

·       The Applicant was willing to reduce the garden capacity to a maximum of 12 customers and to reduce the closing hours of the garden to 10.00pm. The Applicant agreed noise from the garden was audible to flats and said this was because of the single glaze windows.

·       The Applicant was keen to have a positive relationship with and cooperate with their neighbours and they were willing to share a contact phone number of the manager and owner. They also encouraged neighbours to come into the venue and speak with them in-person to raise any concerns if they had any.

·       The Applicant was surprised to hear the concerns about women’s safety and they encouraged the resident to approach them about any issues so they could respond and remedy any problems.

 

In response to questions, the Applicants confirmed the following points:

·       The locations of the sound measurements were included within the report in writing and pictures.

·       The Applicant confirmed they were willing to add a condition that only three smokers to be allowed to smoke outside the front of the venue, and to be monitored by staff, and that no smoking be permitted in the garden.

·       It was confirmed that the kitchen was small but functionable and they were looking to renovate. The venue was currently operational as a café and closed early. However, the business was struggling and losing customers. It was hoped that the later hours and provision of alcohol would allow the business to survive.

·       The venue would offer breakfast, lunch and dinner. The earlier serving of alcohol was intended for a brunch style meal alongside a cocktail, where currently they estimated they lost 30-40% of their customers because a new café opened locally which had this offer. The venue was not intending to serve alcohol with just light snacks but would always have food available as it wished to  be family friendly and aimed at local customers.

·       In response to Panel Members asking if the noise of people enjoying themselves in the garden on summer evenings would affect residents, the Applicant said they would be willing to make renovations to cover the garden to reduce noise. They said that in the summertime people wanted to sit outside.

·       Panel Members also asked how the premises would prevent noise travelling out of windows at the back of the restaurant. The Applicant replied that residents should inform the premises if there were issues with unusual noise and they could monitor any issues when they arose and act responsibly, but it was not possible for them to fully control the level of noise because the venue was in a well-known location where the residents chose to live.

·       The Applicant clarified that the applied for off sales would be to cater for online delivery companies such as Deliveroo or Uber Eats. The venue already used those companies and the drivers picked up the food and left immediately, and if there was any waiting time for food, which was unusual, the drivers were able to wait inside the premises and not outside on the pavement. . Any illegal parking was not the in control of the restaurant and was the responsibly of parking enforcement.

·       The Applicant confirmed the type of alcohol served would not be high strength and would include a selection of Turkish beer, wine, and cocktails to enjoy alongside a meal. The food selection would include meat balls, fish dishes, mezze and the concept was dining and not just sitting and drinking.

 

In their closing remarks, Johnny White stated that there had been no sound measuring from his flat. He stated that he was emailed asking when he was available for a sound measurement from his flat, however he never received a response when he provided his availability. Secondly, he stated that the garden area was considered a lively part of the city and surrounding residents should not expect high noise levels backing onto their bedrooms.

 

In their closing remarks, Monika Szczygiel stated that the noise assessment was not performed as suggested by the report. The sound proofing was not mentioned in the report and had been suggested by Jonny White and added afterwards. The kitchen size varied depending on which plans were looked at and she stated there was a disproportionately large area allocated to alcohol in the plans. Even with only 4-5 people speaking in the garden, noise could be heard inside resident’s bedrooms even with the windows closed. Finally, she stated that they did not live in the lively area of Camden Town therefore it was unfair for the Applicant to say that residents chose to live in a noisy area.

 

In their closing remarks, the Applicants stated that the main issue for residents was the risk of increased noise and the Applicant was willing to openly communicate, address issues and work with residents to prevent disturbance. The Applicant understood the concerns of the garden area and they offered a reduced garden closing time of 10.00pm. No disrespect was intended to residents about the venue was situated in a lively Camden location, therefore there was  unintended noise in the area. The premises was a small operation and would keep to the upmost standards to ensure there were no problems with the neighbours.

 

Decision and Reasons

 

In their deliberations, Panel Members confirmed that they had been able to see and hear the submissions made by the parties. They stated that having considered the submissions from the interested parties and the Applicant, their main concern was noise being generated in the garden area and disturbing the residents above. It was clear that even if customers were not being overly noisy, residents would be affected by amplified noise from this area. It was acknowledged that there was a weakness in the noise assessment due to not measuring from the flats. Panel Members agreed that the garden should close and the rear windows of the premises should be shut at 6.00pm.

 

Panel Members were satisfied with the additional conditions offered by the Applicant, including providing the manager and owner’s contact telephone number to local residents to provide them with a direct line to raise concerns, adopting the ‘Ask for Angela’ scheme, no smoking in the garden and limiting to three smokers at the front of the premises, and actioning the sound proofing recommendations from the noise assessment report to reduce noise disturbance to residents. With these additional measures Panel Members were of the view that they would go some way to promote the licensing objectives and reduce any disturbance to residents above and were minded granting the application as applied for. 

 

RESOLVED –

 

i)               THAT a licence be granted for:

 

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

11.00am – 11pm Monday to Sunday

 

b)    Opening hours

07.00am – 11pm Monday to Sunday

 

ii)             THAT the following conditions be added to the licence:

 

1.          The DPS, a personal licence holder or trained member of staff nominated in writing by the DPS shall be on duty at all times the premises are open to the public

 

2.          a) CCTV system covering the interior & exterior of the premises will be installed to current metropolitan police / Home office standards and shall be kept operational at all times the premises are open to the public.

 b) It shall be capable of taking a head & shoulders shot of persons entering the premises, of recording images to an evidential standard in any light and be capable of storing images for a minimum of 31 days.

c) All staff who may work front of house shall be trained to operate the CCTV system and download images.

d) At least one member of staff trained to operate the CCTV system & download images shall be on duty at all times the premises are open to the public.

 

3.          Challenge 25 shall be operated as the proof of age policy.

 

4.          All staff who work at the till will be trained for their role on induction and be given refresher training every six months. Written training records will be kept for each staff member and be produced to police & authorised council officers on request. Training will include identifying persons under 25, making a challenge, acceptable proof of age & checking it, making & recording a refusal, avoiding conflict & responsible alcohol retailing. 

 

5.          An incident book shall be kept at the premises, and made available to the police or authorized council officers, which will record the following:

A)            All crimes reported,

B)            Lost property,

C)            All ejections of customers,

D)            Any complaints received,

E)            Any incidents of disorder,

F)            Any seizure of drugs or offensive weapons,

G)           Any faults in the CCTV,

H)            Any refusal in the sale of alcohol.

I)              Any visit by a relevant authority or emergency service

 

6.          Notices will be prominently displayed by the entry/ exit door and point of sale (as appropriate) advising customers:

A)            That CCTV & challenge 25 are in operation;

B)            Advising customers of the provisions of the licensing act regarding underage & proxy sales;

C)            Of the permitted hours for licensable activities & the opening times of the premises;

D)            To respect residents, leave quietly, not to loiter outside the premises or in the vicinity and to dispose of litter legally.

 

7.          A fire risk assessment and emergency plan will be prepared and regularly reviewed. All staff will receive appropriate fire safety training and refresher training.

 

8.          The front of the premises shall be kept tidy at all times and be swept at close.

 

9.          Relevant notices will be prominently displayed by the entry/ exit door and point of sale (as appropriate)

 

10.      No deliveries will be received or rubbish removed from the premises between 22.00 & 07.00.

 

11.      An incident book shall be kept at the premises and made available to the police or authorised council.

 

12.      A phone number for the premises shall be made available if required upon request to the police, any other responsible authority or any local resident to express any concerns caused by the operation of the premises. Any complaints and the outcome will be recorded in the incident book.

 

13.      Challenge 25 shall be operated as the proof of age policy and only a valid passport, photo driving license, hm forces photographic id card or proof of age card with the pass logo or hologram on it may be accepted as proof of age.

 

14.      All refusals of the sale of alcohol shall be recorded in the refusals section of the incident book. The incident book shall be kept and produced to police & authorized council officers on request –see section b condition 5 for full details.

 

15.      Relevant notices will be prominently displayed by the entry/ exit door and point of sale as appropriate– see section B condition 6 for full details.

 

16.      All staff who work front of house will be trained for their role on induction and be given refresher training every six months. Written training records will be kept for each staff member and be produced to police & authorized council officers on request. Training will include identifying persons Under 25, making a challenge, acceptable proof of age & checking it, making & recording a refusal, avoiding conflict & responsible alcohol retailing.

 

17.      All alcohol shall be ancillary to the operation of the premises as a Restaurant. Alcohol may only be supplied with a substantial food order.

 

18.      All alcohol will be displayed and kept and will be sold from behind the counter and to be dispensed by a member of staff only

 

19.      The delivery of alcohol to be made only to a residential or business address, where it is clearly evident that the customer is a resident or occupies the business.

 

20.      The delivery of alcohol will not be made to a person in a public place such as a street corner, park or bus stop etc.

 

21.      Customers to be reminded it is a criminal offence for a person under 18 years to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person aged under 18 years

 

22.      ID verification will be made when orders containing alcohol are delivered (no ID no delivery) – acceptable proof of age shall include identification bearing the customer’s photograph, date of birth and integral holographic mark or security measure

 

23.      All serving and delivery staff shall receive regular training, a minimum of twice a year on the prevention of underage sales and on Challenge 25 scheme.

 

24.      Suitable beverages other than alcohol (including drinking water) shall be equally available for consumption with or otherwise as ancillary to table meals.

 

25.      Should the premises remain open for non-licensable activities customer shall not have access to alcohol after the licensed hours. This shall be prevented by the use of shutters / locked fridges.

 

38.      The premises shall sign up for the “Ask for Angela” or similar scheme to promote women’s safety and staff to undertake Welfare and Vulnerability Engagement training.

 

39.      The owner or manager’s contact telephone number should be provided to local residents.

 

40.      There should be no smoking in the rear garden and up to three smokers at the front of the premises. This should be monitored by staff.

 

41.      After 6.00pm, the rear garden should not be used and the windows to the garden should be shut.

 

42.      The premises should apply the sound proofing mitigations recommended by the environmental noise survey carried out in July 2024.

 

 

ACTION BY: Executive Director, Supporting Communities