Agenda item

Application for grant of a premises licence by Gunalan Ganasegaram

London Borough of Lewisham Licensing Committee

Cllrs Eva Stamirowski (Chair), Juliet Campbell, Colin Elliott, Coral Howard, Caroline Kalu, Susan Wise

DECISION NOTICE

1.    On 24 March 2022, we held a hearing to determine an application by Gunalan Ganasegaram (“the Applicant”) for the grant of a premises licence at Quality Peri Peri & Pizza, 640 Downham Way, BR1 5HN (“the Premises”).

2.    In making our decision, we have taken into account:

·         the agenda (which includes the application form and relevant representations)

·         evidence presented and submissions made by the parties at the hearing

·         the Council’s statement of licensing policy and statutory guidance issued by the Home Office

3.    Our decision is to grant the application but for shorter hours than were sought in the application.  The reasons for our decision are as follows.

4.    The application seeks authorisation for late night refreshment only.  The application sought terminal hours of 0200 on Sunday-Thursday and 0300 on Friday-Saturday.  However, at the hearing, the Applicant’s representative confirmed that he would be happy to revise those hours to 0130 on Sunday-Thursday and 0200 on Friday-Saturday.  The Licensing Officer confirmed at the hearing that this would bring the Premises’ trading hours into line with other similar premises in the local area.

5.    We have taken into account the objections, which are primarily concerned with public nuisance.  One objector raised the issue of smells and the location of the Premises’ extractor fans.  However, we consider that this is really an issue of private – rather than public – nuisance given that no other residents have raised this issue and nor have the Council’s environmental health made a representation.  In any case, we note that the Premises is already allowed to trade until 2300 and consider that allowing it to remain open for 2-3 extra hours is unlikely to make a substantial difference.  As far as noise nuisance is concerned, the Licensing Officer noted that she was not aware of large groups gathering on Downham Way and we take into account that the police have not made a representation.  We also note that, as the Applicant’s representative pointed out, there are no pubs or bars close to the Premises and therefore we think that it would be unlikely to attract noisy groups of customers late at night.

6.    Accordingly we have decided to grant the application but for reduced hours:

7.    We are satisfied that the conditions proposed by the Applicant will promote the licensing objectives.

8.    There is a right of appeal against this decision.  Any appeal must be made to the magistrates’ court within the period of 21 days beginning with the day on which you were notified of this decision.

3.1      The Chair welcomed all parties to the Licensing Committee. She introduced those present, and outlined the procedure to be followed for the meeting. She then invited the Crime Enforcement and Regulations Manager to introduce the application.

            Crime, Enforcement and Regulation Manager          

3.2     The Crime Enforcement and Regulations (CER) Manager said that members were being asked to consider representations following an application for a new premises licence forQuality Peri Peri and Pizza 640 Downham Way BR1 5HN. She outlined the times and activities applied for. Representations had been received from two residents in close proximity to the premises, primarily on the grounds of public nuisance. There had not been any written representations from any relevant authorities.

3.3      The CER Manager then outlined the powers available to members when making their decision.

            Applicant

3.4      Ms Alagoz said that representations had been received from two local residents. She had checked the operating hours of other local establishments with premises licences, and closing hours ranged from 12.30am to 2am. The last train to Grove Park station was 11.59pm. The hours applied for on Friday and Saturday were slightly longer than other establishments and agreed that the terminal hour for quality Peri Peri Pizza could be 1.30am or 2am in line with other businesses.

3.5      Ms Alagoz reminded those present that the application did not include alcohol only late night refreshment. She did not expect the establishment to attract large groups of people, nor would it cause noise nuisance for local residents. There had never been any problem at the premises.

            .

            Representation

3.6      The objector said that she rents properties above Quality Peri Peri Pizza. She had received complaints from tenants regarding the smell and noise coming from the business and was finding it increasingly difficult to rent these properties. In addition, none of the surrounding businesses open beyond 1.am/130am. There were reports of groups of people who were drunk congregating in the area late at night. The Baring Hotel and the pub were having constant issues with squatters lingering into the early hours of the morning.

3.7      The CER manager confirmed that surrounding businesses did not open later than 1am/1.30am, most of whom had historical licences in Downham Way.

3.8      The Chair asked the CER manager whether she was aware of any reports of groups lingering outside the premises late at night. Ms Spall was not aware of any such reports.

Conclusion

3.9      Ms Alagoz said the smell emanating from a food establishment was not a licensing issue. However, she said that it could easily be managed with a ventilator. She recommended that members grant the application with shorter terminal hours on a Friday and Saturday.

3.10    The objector said that it was getting increasingly difficult to obtain tenants and they were receiving complains about the premises. There was a ventilation system but it was placed directly above tenants’ ceiling.

3.11    The Chair said that members would make their deliberation elsewhere and a decision letter would be sent out within 5 working days. She thanked all parties for their attendance, and they left the meeting.