Agenda, decisions and minutes

Councillor Peters was duly elected as the Chair.

2.1  There were no apologies.

3.1  There were no declarations of interest.

4.1  RESOLVED that the minutes of the previous meeting, held on 13^th June 2018, were approved as an accurate record. 

5.1  The Chair outlined the Licensing Sub-Committee hearing procedure.

The decision

The Sub-Committee in considering this decision from the information presented to it within the report and at the hearing today have determined that having regard to the promotion of all the licensing objectives:

·  The prevention of crime and disorder

·  Public safety

·  Prevention of public nuisance

·  The protection of children from harm

that the premises licence for Best American Pizza, 16a Pitfield Street, N1 6EY be revoked.

Reasons for the decision

The Sub-Committee has been persuaded by the Responsible Authorities contention that the revocation of the licence is both necessary and appropriate to uphold the licensing objectives, in particular the prevention of public nuisance and crime and disorder.

The Sub-Committee noted the evidence presented by the Licensing Authority, written representations from the Police and Environmental Health, and an informative from the Planning Authority. 

The Sub-Committee did not have the sufficient confidence in the Premises Licence Holder (Licensee) and management, given the alleged activities that were carried on beyond the permitted hours, as authorised by the premises licence. It was noted that this history of unauthorised activity was undermining the licensing objectives, particularly in terms of causing a public nuisance. The Sub-Committee were disappointed to note that this had continued even after specific action had been taken against the Licensee, by way of a formal interview under caution, which was carried out in January 2018. Such activity, included most recently on 29^th April and 8th June 2018 when a complaint was received about the premises trading beyond its hours. This followed an unauthorised sale taking place on 1^st April 2018, 4 days before the licensee’s variation application was considered by the Licensing Authority.

The complete disregard the Licensee has shown in the past and the negative cumulative impact arising from the poor track record of the management for the premises, located within the heart of the Shoreditch Special Policy Area, persuaded the Sub-Committee that the Licensee had not adequately demonstrated the ability to uphold the licensing objectives in order to prevent public nuisance from reoccurring.

The Sub-Committee noted that it was unfortunate that no evidence had been provided to support the verbal representations made by the Licensee in relation to the measures that was advocated at the meeting, these measures related to procedures that had been introduced to improve the management of the premises since April 2018 including induction of new staff and installation of CCTV cameras along with a willingness to agree to any appropriate additional conditions being place on the licence, to ensure the premises was operating in compliance with it’s permitted licensable hours and was promoting the licensing objectives. The Sub-Committee also noted that if formal evidence, including any proposed conditions, as opposed to just oral assertions made at the meeting, were placed in front of them, the decision may have been different.

In summary, the changes that the Licensee states has been made between April 2018 and the hearing date were fully considered at the meeting. However, the Sub-Committee was not sufficiently satisfied and  ...  view the full decision text for item 6.

6.1  The additional information circulated at the meeting including a witness statement was noted.

6.2  Mike Smith, Principal Licensing Officer introduced the report outlining the application for the review of the premises licence for Best American Pizza on the grounds of alleged public nuisance created by operation of the premises and alleged non-compliance with conditions of premises licence. Representations were received from Environmental Enforcement and the Police and a planning informative.  Mr Smith reported that the licence at appendix B, page 70 of the pack was incorrect and the correct premises licence had been circulated at the meeting.

6.3  The Sub-Committee noted the written representations received from the Police and Environmental Enforcement.

6.4  Mr Riviere, Licensing Service, outlined the case for the revocation of the premises licence on the grounds of the prevention of public nuisance.  Since early 2016 until most recently on 8 June 2018 the Licensing Authority had received complaints relating to the premises allegedly operating beyond its permitted hours and causing a public nuisance and disturbance to the local residents.  The allegations included patrons congregating outside the premises, anti-social behaviour and noisy delivery drivers causing a noise nuisance.  Mr Riviere summarised the history of complaints received in relation to the premises:

·  1 April 2016 – alleged noise nuisance at 04.30 hours

·  9 December 2016 – website advertising the premises is open until 04.00 hours

·  3 January 2017 - alleged noise nuisance at 04.00 hours

·  27 August 2017 - alleged noise nuisance at 06.00 hours  and on 1 September 2017 Mr Riviere informed  Mr Abdul Wahid of the complaint

·  9 September 2017 – premises was operating at 03.30 hours beyond its permitted hours

·  15 September 2017 – Licensee had been sent a formal warning letter

·  24 September 2017 -  premises was operating at 03.15 hours beyond its permitted hours causing a public nuisance and a test purchase was undertaken

·  21 October 2017- premises was operating at 03.30 hours beyond its permitted hours

·  17 January 2018- PACE interview was undertaken with Mr Millad

·  1 April 2018 – premises was operating at 03.11 hours beyond its permitted hours and a test purchase was undertaken.

·  13 April 2018 - alleged noise nuisance from the premises at 04.00 hours from patrons and delivery drivers

·  29 April 2018 - alleged noise nuisance

·  8 June 2018 – alleged noise nuisance

6.5  Mr Riviere stated that he did not have confidence in the licensee to operate the premises responsibly following the numerous complaints in relation to public nuisance caused by the premises operating beyond its permitted hours. Moreover, there had been persistent non-compliance of the licensing conditions even after Licensing Officers and responsible authorities had engaged with the licensee to address these issues. 

6.6  In response to questions from the Chair seeking further clarification, Mr Riviere confirmed that the licensable activities included late night refreshment and during a PACE interview held on 17 January 2018 it had transpired there the premises had no DPS.  The Council had received complaints relating to public nuisance inside  ...  view the full minutes text for item 6.

There were no temporary event notices.

7.1  There were no temporary event notices.