Agenda item

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 by the Police, CER service as well as imposed hours agreed by ‘just Eat’ so the local authority has given the Premises Licence Holder little option but to adhere to the existing conditions. It is hoped that the addition of such conditions offered by the CER service will ensure compliance expected of a Premises Licence Holder within a CIZ and will ensure continued compliance once the local authority scales back its focus in terms of working to ensure compliance. Such conditions should ensure that the premises do not fall back into its previous ways of working where licensing objectives were not upheld.

3.8      The Chair said that she was surprised that neither the applicant nor the solicitor were in attendance. Ms Spall said that Mr Rana, who is the applicant’s solicitor, said that he had spoken to his client, and that he was not willing to change the hours on the application. Last week Mr Rana contacted officers again to say that they agreed to the hours but not the conditions.

3.9      Councillor Millbank said that she is one of the ward members for Telegraph Hill. She would be speaking on behalf of the other two members, and in particular the Kender Tenants and Residents Association; the Chair and Secretary were on holiday and unable to attend. She was also representing local residents.

3.10    Councillor Millbank said that the objections had been made to prevent a public nuisance and to prevent the fear of crime and disorder. Their main concerns are regarding the location of the premises in relation to their estate. She outlined the area near the premises which includes the Kender Estate, Gerrard House which is a tower block with 52 families living in it, other houses and a Domino’s Pizza shop. She said that she had not had any formal complaints, the complaints were those that she heard because she regularly attends local residents’ meetings.

3.11    Councillor Millbank said that there had been confusion about the hours on the website. At the moment it displays the correct opening hours but in the past different hours were advertised. Ms Spall confirmed that their current hours of trading is until midnight 7 days a week.

3.12    Councillor Millbank said that residents have concerns because the premises had been trading beyond midnight in the past. It is a takeaway establishment and patrons call in to pick up orders. The premises is on a red route and near a pedestrian crossing so cars and bikes should not be stopping outside the premises. Many patrons stop in Briant Street, right outside Gerrard House.

3.13    Councillor Millbank said that she has spoken to the Chair and Vice Chair of the residents association. They have noted the proposed new hours but still wanted their concerns to be addressed to this Committee. Residents also have concerns regarding the extension of hours because the Pizza shop on the opposite side of the road may want to extend their hours as well.

3.14    Councillor Elliott said that one of the residents refers to a fight between youths and the Police were called. He asked P.C Gerry whether he had any record of such an incident. P.C Gerry said that he had looked at the crime report and the premises were targeted by a gang of youths. No one was hurt.

3.15    Members withdrew to make their decision. When they returned to the meeting it was:

RESOLVED that the application for the full variation of the premises   licence be refused.

3.16    Ms Spall said that any registered party and the applicant may appeal against this decision to the Magistrates Court within 21 days from the date of the decision letter which would be sent out within 5 days of the meeting.