Agenda item

I am writing to everyone who made a relevant representation in respect of the application made by Frank Olaniran of the Local Authority’s Crime Enforcement department, for a Review of the Premises Licence, for Pizza 2 Night 26a Catford Hill SE6 4PX.

In the matter of this Premises Licence review,the Committee has considered all the relevant representations made by all parties.

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 secretary of state’s guidance and the principles of our licensing policy:

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 licensing hours were restricted as follows:

• The provision of hot food be restricted on Monday to Thursday until 01:00; and
• The provision of hot food be restricted on Friday to Sunday until 02:00

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

1.      Members of the Committee considered the representations made by the Crime, Enforcement and Regulation Service under the grounds of the prevention of Crime and disorder and the prevention of Public Disorder.

2.      The Committee noted that the premises have been operating outside the licensed hours. There has also been a breach of their Annex 2 conditions which states that a staff member from the premises, who is able to operate the CCTV, shall be on the premises at all times when the premises are open to the public.  In addition, following an inspection of the premises the following breaches were also observed:

·         Failure to secure a premises licence or a certified copy at the premises or to prominently display a summary of the licence.

·         Failure to produce a premises licence or a certified copy.

3.      Members of the Committee also noted that following trading beyond licensing hours, officers had offered the premises licence holder advice on how to uphold the licensing objectives. However after three months of being granted a licence to serve hot food until 4am, there is evidence that the business is still unable to keep within the condition of the licence and exceeding the permitted hours..

4.      The Committee noted that licensing officers still have not received a copy of the CCTV footage as requested by officers in February 2019.

5.      Members of the Committee noted the representation made by the premises licence holder. He said that the hard drive had been taken by the Police for a separate investigation that took place outside the premises and had never been returned. It was also noted that this took place 18 months ago and he did not receive a receipt for any of the three hard drives that were taken.

6.      The Premises Licence Holder said that the CCTV is now in operation, and he had evidence of this on his mobile phone. Members noted that the premises licence holder claimed that the food orders had been submitted within the licenced hours but had been delayed through a technical error.

7.      Members of the Committee considered that the restriction of the licensing hours were proportionate and would uphold the four licensing objectives, particularly the Prevention of Crime and Disorder and the Prevention of Public Disorder.

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

3.2      Ms Hooper said that members were being asked to consider the application for a review of a premises licence sought by the Crime, Enforcement and Regulation service. She outlined the current licensed hours and said that the application had been advertised in accordance with regulation 39 of the Licencing Act.  

3.3      Mr Olaniran said that the Crime, Enforcement and Regulation Service have concerns regarding Pizza 2 Night’s ability to uphold key licensing objectives namely the prevention of Public Nuisance and the Prevention of Crime and Disorder.

3.4      On 19 February 2019 at approx. 04:18, CER officers observed a male, suspected to be a delivery driver, leaving Pizza 2 Night with a hot food bag.

After further investigation, it was confirmed that Pizza 2 Night are only licensed till 04:00 Monday – Sunday.

3.5      On 25 February 2019, Mr Olaniran met a male who advised that there was no manager on site. Upon requesting access to CCTV footage, the male advised that he did not know how to operate the CCTV. This is a breach of condition 2 of Annex. A receipt was found, dated the 25 February 2019, confirming the acceptance of an order at 04:26. Mr Olaniran asked to see other receipts, to which the male advised that they were kept by the manager offsite. While officers tried to investigate further, it was noted that tablets for acceptance of online orders were not generating order history.

3.6      Mr Olaniran was given the details for the manager, Alan Rasheed. He sent him an email requesting access to CCTV footage. The premises has failed to comply with condition 1 under annex 2 of the licence. Effort was also made to contact another member of staff to obtain CCTV footage via email. On the 26 February 2019, an email was received advising that there was an error with the playback No attempts were made to rectify this matter. Mr Olaniran said that he is of the view that this amounts to obstruction under s179 preventing him from investigating any offences under the Act

3.7      In addition Mr Olaniran said that members should note that 6 months ago;

-          Officers from this service observed the provision of hot food at 03.20 during a time when there was only a license till 02:00 

-          The premises was in breach of s57(4) – failure to secure a premises licence or a certified copy of the licence or to prominently display a summary of the licence

-          The premises was in breach of s57(7) – failure to produce a premises licence or a certified copy of the licence

3.8      Mr Olaniran said that despite this, the licensing service provided education on the failings of the business as a means of supporting the business and allowed an extension of the business hours to prevent further breaches. The variation was granted in good faith, with the expectation that the business would operate responsibly n future. However, within 3 months of the variation, the same issue continued. There are clear concerns with regard to the upholding of key licensing objectives and the management’s ability to operate responsibly.

3.9      Mr Olaniran said that he recommends that members agree the following restrictions:

·         the provision of hot food on Monday to Thursday till 01:00

·         the provision of hot food on Friday to Sunday till 02:00

He considers that the recommended conditions are appropriate measures to address what officers believe to be the shortcoming of the business. The premises has failed to operate within the parameters of their conditions on the licence. Reducing the hours for licensable activity is therefore seen as proportionate.

3.10    Mr Hussein said that he had not been at the premises when the licence was breached. He is now managing the business himself and there will not be any more problems.

3.11    The Chair asked Mr Olaniran whether he has ever received a copy of the CCTV as requested. He confirmed that it has not been received; it is a condition on the licence that CCTV must be available to the Police or authorised officer.

3.12    Councillor Anwar said that Pizza 2 Night need to prove that they can uphold the licensing objectives. He asked whether a 24 hour licence could be granted. Ms Hooper said that when licensing officers receive an application for a licence, they need to take the four licensing objectives into account. Consideration is given to noise complaints, and other similar establishments in the area. When an application for the sale of refreshments up until 5am was received, officers considered it appropriate to grant the licence until 4am. This was because of the high level of noise issues in the area. Mr Hussein agreed with officers that he could operate within the hours until 4am, but he has breached the conditions on his licence.

3.13    Councillor Howard asked whether the premises have been involved with any serious offences apart from breaching the conditions on their licence. Mr Olaniran said that the premises have not been involved with serious crime. He said that a comprehensive CCTV system must be installed and maintained. He has met the manager of the shop recently but the footage requested has still not been given to him.

3.14    Mr Hussein said that they have an issue with the Police because they have taken the hard drive away on three occasions to use as evidence for a crime in the street but they have not been returned. The CCTV is now fully installed and in good working order. He is now able to provide recordings from the CCTV. He asked members not to reduce his licensable hours for the provision of hot food. His business is not doing well and it would affect him financially if the hours are restricted as recommended by the licensing officers.

3.15    The Chair asked whether the CCTV is in operation now. Mr Olaniran said that it was not working a month ago. Mr Hussein said that it is working and he showed members evidence of this on his phone. Mr Olaniran said that during request of the CCTV footage, Mr Hussein never advised him that the Police had seized his CCTV equipment and he had not received any request from the business to look into this matter. The only explanation provided was from Mr Hussein advising that there was an error with the playback and that footage could not be provided. Despite the CCTV being fixed, Mr Hussein has failed to provide the footage requested, the request for the footage was never retracted. Ms Der Man asked whether a receipt was received from the Police when they took the CCTV away. Mr Hussein said that he did not know that a receipt was required. The last time the Police took away the CCTV hard drive was 18 months ago

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

RESOLVED thatthe following restrictions be added to the premises licence, as recommended by the CER team, be agreed. Namely:

·      the provision of hot food on Monday to Thursday till 01:00

·      the provision of hot food on Friday to Sunday till 02:00

3.17    Ms Hooper 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.