Agenda item

In the matter of the application for a new 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 new Premises Licence, was GRANTED subject to the following conditions:

1. Intoxicating Liquor shall not be sold or supplied on the premises other than to persons taking a substantial table meal and for consumption by such a person as ancillary to that meal.

2. The premises shall install and maintain a comprehensive CCTV system. All

entry and exit points will be covered enabling frontal identification of every

person entering in any light condition. The CCTV system shall continually

record whilst the premises is open for licensable activities and during all times

when customers remain on the premises. All recordings shall be stored for a

minimum period of 31 days with date and time stamping. Recordings shall be

made available upon the request of Police or authorized officer throughout the

preceding 31-day period

3. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show a Police or authorized council officer recent data or footage with the absolute minimum of delay when requested.

4. The premises shall prominently display signage within the premises informing customers:-

· CCTV is in operation throughout these premises and is made available to

the police / Local authority on request.

· A notice at all exits requesting patrons to respect the needs of the local

residents/businesses and leave the area quietly.

· A notice must be displayed in an area used for smoking requesting patrons

to respect the needs of local residents use the area quietly.

5. A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are (recognized photographic identification cards, such as a driving license or passport / Holographical marked PASS scheme identification cards) appropriate signage must be displayed.

6. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open.

7. An incident log shall be kept at the premises, and made available on reasonable request to an authorised Local Authority or Police Officer, 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

e) All seizure of drugs or offensive weapons

f) Any faults in the CCTV system

g) Any refusal of the sale of alcohol

h) Any visit by a relevant authority or emergency service

8. The licence holder will have contact numbers available for a hackney carriage and/or private carriage firm available for customers on request.

9. All staff to undergo Licensing training which will be documented and provided to police / licensing authority on reasonable request. This training is to be refreshed every 12 months. All new staff must undergo this training before

being allowed to sell alcohol.

10. Patrons permitted to temporarily leave and then re-enter the premises

(including the smoking area) e.g. to smoke, shall not be permitted to take

drinks or containers with them unless using tables and chairs outside.

11. The outside seating area must be closed by 22:00hrs and patrons wishing to smoke outside after 22:00hrs shall not be permitted to take drinks outside with them. This condition remains in force until the beginning of the next days trading.

In coming to a determination the Committee considered the following matters;

1.   The Committee noted the representations made by residents. The premises has been associated with a previous business which regularly undermined the 4 licensing objectives. Residents were also concerned that the premises would be open late and run as a nightclub.

2.   The Committee noted the representation made by the applicant. He has had businesses in Blackheath for over 50 years and knows the area well. His family will be living above the premises and he would not allow any noise to disturb them.

3.   The Committee noted that the applicant intends to run a business similar to the previous restaurant CAU at the premises. There will not be any live music and will not be run as a night club. Although the restaurant can remain open until 0200 hrs Tuesday to Sunday, the premises will not always be open as late as this.

4.   The Committee noted that this is a family business and they are willing to address the concerns of local residents. They have stated that they would be willing to show residents around their restaurant and give them a contact number if there are ever any problems at the premises. 

5.   The Committee noted that although the premises is in a Cumulative Impact Zone, statutory authorities had not made representations. This is a new application and the objections were, therefore, only supposition.

6.   The Committee noted that the applicant agreed to the conditions recommended by the Police and licensing officers and granting the application would promote the four licensing objectives.

3.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Mr Bahannack to introduce the application.

            Licensing Officer   

3.2      Mr Bahannack said that members were being asked to consider this application for a new premises licence for 10-12 Royal Parade SE3. He outlined the application. Five representations had been received from local residents but none were present at the meeting. Conditions suggested by the Police and licensing officers had been agreed by the applicant.

            Applicant

3.3      Mr Eddie Ertan said that he has owned many properties in Blackheath Village; the first was bought in 1973. He had rented the property to the restaurant ‘Cau’ until the business folded. He expects to run a steak house similar to the ‘Cau’ and he circulated a copy of the proposed menu to members present. He is considering calling it ‘Number 10’

3.4      Mr Ertan said that he only has one business now and wants to provide food for local residents and theatre goers. It will not be run as a club; there will be two families living about the premises and he does not want them to be disturbed by the activities at the restaurant. There will not be loud noise inside or outside the property. Although he has applied for a licence until 1am, he does not expect the premises to be open after 10.30pm on most days.

3.5      Councillor Elliott asked what the maximum capacity of the restaurant will be. Mr Ertan said that it can cater for between 100-130 but he does not expect to cater for more than 80 patrons. He said that the Police have agreed that there can be some dining on the area just outside the shop.

3.6      Councillor Hall referred to the Blackheath Society’s comments. He said that they have concerns about the definition of the term ‘substantial meal’ when alcohol is being sold. This point was raised with the Police who agreed to amend the wording of this condition. He asked whether this had been done. Mr Aslan Ertan said that they have met with the Police and the licensing team. It was agreed that alcohol will only be sold to responsible adults with a substantial meal. A sandwich, for example, would not be a substantial meal.

3.7      Mr Aslan Ertan, Mr Eddie Ertan’s son-in-law then addressed the Committee. He said that it has been agreed with the Police and licensing team, that alcohol will only be served with a substantial meal.

3.8      Mr Ertan gave members a background to the family’s previous businesses in Blackheath village. He said that resident’s main concern is that the premises will be a night club. This will not happen. The restaurant will not change at all.  Toilet facilities will be in the basement, otherwise the area will not be for public use. There are 3 other restaurants within 50 metres of the business which have licences until 1.30am and 2am. It will be a family business.

3.9      Mr Ertan said that Management are willing to engage with the Blackheath Society and are members themselves. Their family is well known in the village and they own the freehold of the property. They do not want their tenants living above the business to endure any noise or inconvenience. He said that he is willing to provide contact details to anyone who wishes to speak to them and would show any interested parties around the kitchens and the restaurant.

3.10    Councillor Millbank said that the outside seating area must closed by 10pm. She asked where people go to smoke. Mr Aslan Ertan said that smoking is outside at the front of the shop; drinks are not allowed outside. There is no back garden.

3.11    Councillor Wise said that the front area is just the curtilage, no drinks are allowed outside and this area is closed by 10pm so there is no potential for anti-social behaviour.

3.12    Members of the Committee then withdrew to make their decision. When they           returned it was:

RESOLVED thatthe application, as applied for, be agreed.

3.13    MrBahannack said that an appeal may be made 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.