Elena's Pizza 330 Lee High Road SE13 5PJ
Lewisham LBC, Licensing Committee
Application for variation of premises licence
1. Erol Boyaci (“the Applicant”) has submitted an application for a new premises licence for Elena’s Pizza 330 Lee High Road SE13 5PJ. (“the Premises”).
2. The applicant seeks authorisation for the following licensable activities:
Late Night Refreshment
23:00 – 01:00 – Monday - Saturday
3.Two representations have been received from local residents on the grounds of the prevention of public nuisance, the prevention of crime and disorder, protection of children from harm as well as public safety.
4. The Licensing Committee held a hearing on 26 July 2023 to consider the representations, which related to three of the licensing objectives.
5. The Applicant set out the basis of the application. She explained that Elena’s Pizza would be a family run business. When open, it would improve the local area. It was not their intention to attract patrons who wanted to loiter. Food would be delivered via Uber drivers and Deliveroo. These drivers tended to wait for orders around McDonalds so did not expect them to be parked up outside the premises.
6. Objectors did not attend the meeting, but their written submissions related to playing regulated music until 3am and loitering in front of the premises.
7. In making its decision, the Committee has taken into account all of the papers in the reports pack and the evidence presented by the applicant at the hearing. It has also taken into account the Council’s Statement of Licensing Policy and the Home Office’s statutory guidance.
8. The Committee’s decision is to grant the application. Its reasons are as follows:
i. The Committee considered the Objectors representations, but this was weighed up with the fact that the applicant had cut back the hours of trading until 1am and there would only be background music for staff preparing food. It would not be played to the public.
ii. The Committee were of the view that no Responsible Authority had raised an objection and they ought to be guided by them and the evidence.
iii. A detailed list of conditions had been agreed by the applicant before the meeting.
iv. Insufficient evidence provided by the Objectors that would undermine the Licensing Objectives.
9. There is a right of appeal against this decision. Any appeal should be made to the magistrates’ court within 21 days beginning with the day on which the appellant was 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 Safer Communities Officer to introduce the application.
3.2 Ms Rhodes said that this hearing was being held to determine a premises licence application made by Eneja Dautaj in relation to Elena's Pizza 330 Lee High Road SE13 5PJ. She outlined the application.
3.3 The application for the premises licence had been advertised in accordance with regulations. The last date for receiving representations was the 4 July 2023. During the 28-day consultation period, two objections had been received from members of the public. One further objection had been withdrawn by a member of the public. The representations had been received within the specified consultation period and were not considered vexatious or frivolous.
3.4 Ms Rhodes then outlined the steps available to members, when making their decision, to promote the four licensing objectives.
3.5 Ms Braho confirmed that the name of the business was Elena’s Pizza. She said that they wanted to open a pizza shop mainly for takeaway. It was hoped that they would partner with Deliveroo and Uber Eats to deliver the pizzas.
3.6 The business would be family friendly; they would not attract patrons who would cause nuisance and litter the area because the area would be kept clean, particularly from vermin, which was important when serving food.
3.7 Ms Braho said that there would not be any noise from the premises, because there would only be background music from a radio for members of staff whilst preparing food. She expected the area to improve when the shop was open and good patrons attracted. Staff would be recruited from the local area.
3.8 Ms Rhodes said that following discussions with the applicant, hours of trading had reduced from 3am to 1am and regulated entertainment had been removed. The applicant had misunderstood the meaning of regulated entertainment, and officers confirmed that this was not required.
3.9 Following this explanation from Ms Rhodes, Councillor Shrivastava asked the applicant whether the application for a premises licence had been straight forward or whether the system could be improved. Ms Braho said that applying for a licence had been straight forward, but both she and her husband had misunderstood the need for a licence for regulated entertainment. They did not intend to play loud music or cause any problems for the neighbours. She noted that the objections related to a 3am closure; their application had reduced the hours to1am. They intended to offer a service to customers who wanted to purchase food late at night.
3.10 Councillor Hayes was pleased that the applicant intended to recruit staff from the local area. He said that residents had expressed concern about loitering outside the premises. It had been noted that the applicant intended to hire Deliveroo and Uber drivers but they were usually idle outside premises and there could be up to 10 Uber drivers. He asked how this would be managed. Ms Braho advised that she had investigated this, and certain restaurants had stands, McDonalds for example. The drivers at these stands would be hired by Elena’s Pizza when required, so they would not be parked outside their premises.
3.11 In response to a question from Councillor Brown, Ms Rhodes confirmed that music from a radio was classified as recorded music. It was not licensable because it was not for public entertainment.
3.12 The Chair advised members that objectors were not present.
3.13 Ms Braho said that they would be willing to reduce the hours of trading. She did not want to cause problems for neighbours and would not be encouraging loitering outside the premises or exposing the neighbours to crime. She hoped that the premises would enhance the look of the area and attract the right type of people.
3.14 The Chair said that a decision letter would be sent out within 5 working days. She thanked all parties for their attendance, and they left the meeting.