Agenda item

5.1      The Chair welcomed all parties to the Licensing Committee. She introduced those present and then invited the Crime Enforcement and Regulation Manager to introduce the application.

Licensing Officer   

5.2      Ms Spall said that members were being asked to consider an application for a premises licence for Good Friend Chinese Takeaway 2a Douglas Way SE8 4RJ.  She outlined the application and said that this was changed following representation from the Crime, Enforcement and Regulation service on the grounds of public nuisance. The amended application was read out to those present. Representations had been received from interested parties on the grounds of public nuisance, public safety and the prevention of crime and disorder.

5.3      Ms Spall said that conditions had not been agreed between the applicant, and the Police and Crime and Enforcement service. She outlined the powers available to members when making their decision.

Applicant

5.4      Ms Hou addressed the Committee on behalf of the applicant. She said that the application had changed because the hospitality industry had been badly affected by Covid 19. Good Friend Takeaway had struggled particularly because it was a small business. Management decided to change the business operation model by widening their clientele to include customers from outside the local area. This included students from Greenwich College Goldsmiths University, and Lewisham College. They also hoped to expand their business with small birthday parties and after school events. 

5.5      Ms Hou said that the takeaway would also meet a need from the Chinese community who may wish to meet other people with the same cultural background and who speak the same language. It was hoped that new clientele would bring in much needed revenue into the business.

5.6      Ms Hou said that she had read the objections from local residents. She said that Chinese people speak louder than people from other ethnic backgrounds and it could present as intimidating behaviour. The applicant and members of staff did not speak good English, therefore there could have been some mis-understanding and mis-communication between staff members and local residents in the past.  

5.7      There had been claims regarding the sale of illegal tobacco and cigarettes at the premises. Ms Hou said that this was not true. Customers may have brought their own cigarettes and smoked outside the premises.

5.8      Vehicles in Douglas Way were not customers of Good Friend Takeaway. Most customers did not drive so any issues with parking could not be associated with the premises.

5.9      In conclusion, Ms Hou said that there had been some misunderstanding and they wanted to be open and honest and find a solution to the problems and for the business to survive with the new operating model.

5.10    Councillor Brown asked why the applicant had not agreed all the conditions recommended by the Police and Crime, Enforcement and Regulation Service. Ms Hou said that she had only heard about the conditions just before the hearing. There had been language barriers and Kevin Guo had been the interpreter but he was only a teenager. There had been a misunderstanding regarding the conditions and Ms Hou said that she would discuss the conditions with the applicant and a formal response would be made.

5.11    Ms Spall said that she was familiar with the area in which the premises operated and Good Friend Takeaway had been open during the Covid period; the applicant had received a notice for breaching the restrictions during this period. She also said that residents who had made a written representation had been too scared to attend the meeting because of fear of reprisals.

Representation

5.12    P.C Butler addressed the Committee. He said that the conditions had been sent to the applicant including those updated following the amended application. He said that on 14 June 2021, he attended the premises and issued a closure notice because alcohol was seen inside the premises, people were seen consuming the alcohol and there were concerns from the Police and the local authority regarding the management of the business late at night. People were arriving and leaving the premises and there was an increase in public disorder at the front of the premises particularly with regard to noise. The business had to change and this was the reason why the application was re-submitted.

5.13    P.C Butler said that the area around the Good Friend takeaway was saturated with late night economy and entertainment and it was imperative for local residents that all the conditions remain in place because of issues regarding noise and public disturbance.

5.14    P.C Butler said that he was astounded that the applicant had not agreed to the conditions; not even the revised conditions. He considered that they were imperative for the business to operate, and ensure that the licensing objectives were upheld. This would ensure that the business was operating correctly, particularly at night. P.C Butler could not understand why any business would not meet with the relevant authorities with the revised conditions in place. He said that the Police would recommend that the conditions were in place for any business wanting to remain open late at night.

5.15    The Chair asked P.C. Butler to comment on Ms Spall’s information that the residents were too afraid to attend the meeting for fear of reprisals. P.C Butler said that he had been advised by the Crime, Enforcement and Regulation services about residents’ fears. The business had been operating for a while, and residents did not want to speak publically about the concerns they had regarding this business, and he considered it his duty to stand up for these people.

5.16    Councillor Campbell asked whether the business was a takeaway or a restaurant. Ms Spall said that it was a takeaway, but some patrons ate food inside the premises using it more as a restaurant, while others gathered outside. Mr Olaniran said that during the initial lockdown period, a noise abatement notice was served because loud karaoke music was being played. In addition, there had been numerous complaints of noise nuisance over a number of years. There had been intimidation from patrons, and some members of staff. Residents had made it clear to officers that they were too afraid to attend the meeting. The Crime, Enforcement and Regulation service had made an objection to this application so that the business could demonstrate that they were able to uphold the four licensing objectives. If, after a period of time, there were no further complaints, another application would be welcomed.

5.17    Councillor Campbell asked officers whether they approved the change to the application. Ms Spall said that officers had been concerned about an application for karaoke, music and the lateness of the operating hours, this was replaced with alcohol and late night refreshments. This was approved by officers but they were disappointed that conditions had not been agreed.

5.18    In summing up, Ms Hou apologised that the applicant had not reached agreement with the Police. She suggested that there had been a misunderstanding because of the applicant’s difficulty with the English language, and would speak to them regarding the reason why the conditions had not been agreed.  She said that the business was a takeaway but patrons sit at the tables inside the premises as they wait for food.

5.19    Ms Hou said that Covid19 had affected this business badly and the applicant had to remain open to make money and support the family.  It was a small business and the applicant’s friends and family came to the premises and paid for food to support the business. The applicant did not think about the repercussions and how it had affected others and Ms Hou apologised for this mistake. She did not believe that the applicant had broken Covid19 restrictions because patrons were family and friends supporting the business. The perception of others had not been considered.

5.20    Ms Hou said that with regard to alcohol, the business had been open for friends and it had been difficult for the applicant to refuse to serve friends. This was due to the fact that the applicant did not think about their legal duty because they were so concerned about the impact that Covid19 had had on their business. However, since then, action had been taken and the applicant had been co-operative and was moving in the right direction following a previous lack of awareness. Ms Hou had only recently been asked to help the applicant, previously only a teenager had been interpreting which had not been appropriate.

5.21    P.C Butler said that the closure notice issued on 15 June 2021 was in response to an officer who had been in the premises and discovered alcohol inside two weekends in a row. P.C Butler was concerned to hear that this had been a mistake and they could not tell people they could not drink alcohol because management should be able to control their premises. He considered that there had been sufficient time for the applicant to consider the conditions and had been liaising with the applicant’s son who spoke perfect English.

5.22    Ms Hou said that she did not say that the applicant could not manage the business rather that the business did not know that people should not have been drinking alcohol. The applicant was struggling with the business and did not think. This would not happen again. Finally, Ms Hou said that the teenager was not capable of interpreting the information. He did not have the ability to assess the situation or make a proper judgement.

5.23    The Chair said that she was satisfied that members of this Committee had read and heard all the information required to make a decision. Councillors Brown, Campbell and Latouche, confirmed that they had been present throughout the proceedings. Councillor Elliott confirmed that he had not been present for the first item, Merkur Slots.

5.24    The Chair said that the members would make a decision in private session. All parties would be advised of the decision within 5 working days. She thanked all those present for their attendance.