Agenda, decisions and minutes

RESOLVED that the minutes of the meetings of the Licensing Committee held on 6 and 13 February 2018 be confirmed and signed as a correct record.

None.

In the matter of the application for a full variation of a Premises Licence, the Committee has considered the relevant representations made.

The Committee has made the following determination:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for a full variation of a premises licence was REFUSED.

In coming to a determination, the following factors were taken into account; 

1.            Members of the Committee considered the written representations made by the applicant. It states that the proposed timings made by the Police and Crime, Enforcement and Regulation Officer and all conditions proposed in their objection letters were agreed by the applicant. The neighbour next to Oregano Leaf had made some complaints that were not true and they totally disagreed with the objections made by Kender Road Community Association.

2.            Members of the Committee considered the written representations made by local residents. They objected to the noise created by customers eating food outside the premises and to the crowds attracted to the area which has caused fighting between customers and staff. Councillor Millbank, ward councillor, attended the meeting and made a presentation in support of the residents’ complaints.

3.            Members of the Committee considered the representation made by P.C Nick Gerry. He said that although the applicant agreed to his proposed hours of operation, the conditions had not been agreed by his solicitor. There is only one condition on the licence; to maintain an approved CCTV system inside of the premises. This condition had been breached. The premises is in a Cumulative Impact Zone and an application for an extension of hours comes with great responsibility. He did not consider that the licensing objectives would be upheld if the application was granted.

4.            Members of the Committee considered the representation made by the Crime, Enforcement and Regulation Officer. Despite several meetings with the current and previous licence holder, the premises have been operating later than their licensable hours, breached the condition on their licence and employed a member of staff who was arrested for immigration offences.

5.            Members noted that the applicant was not represented at the meeting.

6.            Members of the Committee did not believe that they had heard any substantial new evidence since a previous application to vary their licence which was made in August 2017.

7.            It was agreed that this decision would ensure that the licensing objectives, particularly the prevention of crime and disorder and the prevention of public nuisance, were upheld.

3.1      The Chair welcomed Councillor Millbank. It was noted that the applicant was not represented at the meeting. She then invited Ms Spall to introduce the application.

Licensing Officer

3.2      Ms Spall said that members were being asked to consider objections to an application for a full variation of a premises licence made by Mr Allahdad Momtaz, the premises licence holder for Oregano Leaf 98 New Cross Road SE14 5BA. She outlined the application. Objections had been received from the CER service, Metropolitan Police, Councillor Millbank, local ward councillor representing local residents and three members of the public, in relation to the objectives of the prevention of Crime and Disorder and of Public Nuisance.

            Representations

3.3      P.C Nick Gerry said that he attended the premises on 6 March 2018 with officers from Lewisham Council. Oregano Leaf only has one condition on their licence and that is that a member of staff able to operate the CCTV must be on the premises at all times. During their visit, it was established that no staff member could operate the CCTV which is a breach of the licence. One member of staff present during the visit, was the father of the premises Licence holder. In addition, the premises licence was not displayed correctly.

3.4      P.C Gerry said that although there have only been two breaches, they only have one condition with two elements to it and they breached both of them. Applying for an extension of hours in a Cumulative Impact Zone comes with responsibility. Although the premises is now working within its licensable hours, it is disappointing that they have not addressed these two breaches. If they are unable to maintain a working CCTV and display the premises licence, the licensing objectives are at risk if the hours are extended. The CCTV is vital for, not only protecting themselves, but also customers.

3.5      Mr Power said that this Committee considered an application for a full variation of a premises licence for Oregano Leaf in August 2017. Details of the representation made by the CER service objecting to the application is included in the agenda.

3.6      Mr Power said that his subsequent objection provides an offer to lift the objection as a means of ensuring the licensing objectives were safeguarded which is of paramount importance taking into account the location of the premises in a Cumulative Impact Zone (CIZ). He said that he has worked with the premises licence holder to see whether they could agree the licenced hours and suggested the following:

            Sunday to Thursday midnight until 1am

Friday and Saturday midnight to 2am

The addition of 4 conditions outlined in page 37 of the agenda.

3.7      Mr Power said that it is evident that there has been a commitment on the part of the premises licence holder to repair a large part of the damaged caused by his brother, the previous licence holder, Zordad Momtaz. However, to a large degree, this has been enforced upon the premises by ongoing compliance visits  ...  view the full minutes text for item 5.

In the matter of the application for a full variation of a Premises Licence, the Committee has considered the relevant representations made.

The Committee has made the following determination:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for a full variation of a premises licence was REFUSED.

In coming to a determination, the following factors were taken into account; 

1.            Members of the Committee considered the written representations made by the applicant. It states that when Police visited the premises on 5 March 2018, they did not have any objection to this application. The objection made by the Crime, Enforcement and Regulation Officer with regard to operating beyond licensing hours, referred to information received from Just Eat which related to a previous premises at 252 Hither Green Lane. The applicant has registered with Lewisham Council and the website shows the correct hours of trading hours for the premises.

2.            The written representation also states that Brownhill Road, is very busy and a long way from the premises. Not many orders are taken after midnight, most are on line orders and delivery motorbikes do not make noise or hoot their horns. The premises is not responsible for noise in the area, there are other takeaway shops in the area which are open until 4am. In addition, the applicant would be willing to turn off the illuminated sign over the shop after midnight.

3.            Members of the Committee considered the written representations made by local residents. They objected to the noise created by customers eating food outside the premises. Although Brownhill Road is busy, it reduces after midnight and an extension of the licensing hours would have a significant impact on their lives. No other shops in the parade or the vicinity are open after midnight.

4.            Members considered representations made by local residents at the meeting. They had not objected to the previous application to extend the hours because they want to support local businesses but to trade into the early hours is not acceptable for local residents. The pavement outside is not wide enough to cope with large numbers of people who gather outside the premises and patrons park vehicles opposite the shop outside residents’ homes until early in the morning. The opening times of the shop are not in the window and recent flyers advertised closing times beyond licenced hours.

5.            Members considered the representation of the applicant at the meeting. He said that prices continue to rise and he needs to extend his licensing hours in an effort to make money. When 23 orders for food were accepted after licensing hours, he said that it had been a misunderstanding on his part.

6.            Members of the Committee considered the representation made by P.C Nick Gerry, and the Crime, Enforcement and Regulation Officer. These officers attended the premises following complaints of trading beyond licensing hours. It was  ...  view the full decision text for item 6.

4.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Spall to introduce the application.

Licensing Officer

4.2      Ms Spall said that members were being asked to consider objections to an application for a full variation of a premises licence made by Mr Haidari who is the premises licence holder for Top Hut Pizza and Chicken 403 Hither Green Lane SE13 6TR.  Representations had been received from the Metropolitan Police, Planning Service, the CER service and local residents, in relation to the licensing objectives of the prevention of Crime and Disorder and of Public Nuisance. She outlined the details of the application and introduced officers and residents who would be making representations.

            Representations

4.3      Ms Hickmott said that the CER service objected to the full variation of the premises licence because, in the opinion of the licensing authority, the premises licence holder has failed to safeguard key licensing objectives. In particular the prevention of crime and disorder and prevention of public nuisance.

4.4      On 11 January 2018, CER Officers visited Top Hut Pizza and Chicken.  A complaint had been received because the food registration notice was not displayed and the opening hours advertised on their website were outside their licensable hours. Advice was given about correct times being advertised and how the premises licence should be displayed.

4.5      On 5 March 2018, a data protection request form was submitted by the CER service to one of the several delivery services ‘Just Eat’. It was confirmed that persistent licensable activity after permitted licensable hours had taken place between 3.3.18 and 6.3.18. On 3.3.18 there were 7 orders, the last was received at 2.11am. The premises should have closed at 1.30am. On 4.3.18 19 orders were received with the last one at 2.26am. They should have closed at midnight. On 6.3.18 there were 2 orders with the last one received at 12.56am. The premises should have closed at midnight.

4.6      Ms Hickmott said that the premises licence holder has persistently failed to uphold key licensing objectives. There were 28 offences within a 4 day period, which amounts to an offence via section 136 of the Licensing Act in relation to unauthorised activity. She recommended that the application be rejected in its entirety.

4.7      P.C. Gerry said that he attended the premises with Ms Hickmott on 5 March 2018 and they met the applicant. One of the matters discussed was that there is a planning condition on the premises that prevents trading after 11pm. Trading has taken place beyond this time, it is a breach of their licence and they have applied to extend their hours further. He told the applicant that his advice would be to withdraw the application and address this planning issue and then make a new application for a variation of the licence.

4.8      The CER service then advised P.C Gerry that there had been breaches of the current trading hours. He considered this to be unacceptable because the premises licence holder  ...  view the full minutes text for item 6.