Agenda, decisions and minutes

1.1  Councillor Gilbert Smyth was duly elected to Chair the meeting.

2.1  There were no apologies for absence.

3.1  There were no declarations of interest.

4.1  The hearing procedure as set out in the agenda pack was explained to all participants.

5.1    The acting Principal Licensing Officer introduced the report in respect of an application for a premises licence made by Zaid Anwarh under section 17 of the Licensing Act 2003. The application sought to authorise late night refreshment from 23:00 to 04:00 on Mondays to Sunday. The premises are located within the Special Policy Area (Dalston SPA). Representations remained from Environmental Enforcement, the Licensing Authority and one Other Person.

5.2  The applicant, Zaid Anwarh made submissions in support of the   application, highlighting the following:

·  Alcohol was not sold at the premises;

·  The current closure time of 11pm was restrictive as the consumption of

·  Pizza was more prevalent later in the evening; 

·  Other premises in the area served alcohol until 2pm whilst other premises sold Pizza until late;

·  Having researched issues around the Special Policy Area, it was now 

·  proposed to have late night refreshment until 4am on Friday and Saturday and until 2am on other days of the week;

·  Facial recognition, an incident log and CCTV were available at the premises;

·  1-2 Members of staff were available at the premises at night;

·  All rubbish was cleared away from the premises.

5.3  The Principal Licensing Officer made submissions in opposition to the

application, highlighting the following:

·  The Premises was in the Special Policy area;

·  The hours applied for fell far outside core hours;

·  The premises had been discovered operating without a licence on 3 occasions;

·  Welcomed no walk in after 1pm and the conditions to be imposed, however some of these would require amendment to become enforceable;

Discussion Phase

5.6  The Sub-Committee asked for clarification as follows:

·  How long the applicant had operated at the premises;

·  Whether details of deliveries at the premises including any loading bays in the vicinity of the premises;

·  the whereabouts of the Pelican crossing. He asked if the applicant had a management plan for the premises; 

·  concern about a 4am closure with disturbance to local residents and difficulties around passing trade;

·  Whether the conditions had been accepted.

5.9  The Principal Licensing Officer clarified that the loading bays were not directly opposite the premises with one bay outside the premises and that the Pelican crossing was 4 to 5 premises down.

5.10  The applicant confirmed:

·  That he had managed the premises for a number of years;

·  That Uber used motor bikes and electric scooters;

·  The conditions proposed were accepted;

·  That there were no residential dwellings above or opposite the premise so residents would not be disturbed; 

·  The shutters would be half way closed later in the evening preventing difficulties around passing trade;

·  To agree to the conditions as proposed by Environmental Enforcement.

·  That a management plan would be drawn up;

·  That people would be encouraged not to congregate;

·  That other premises in the area operated until later hours.

5.11  The Principal Licensing Officer highlighted the following:

·  Welcomed that there would not be a late night walk in the premises

·  Recommended core hours - Monday to Friday until 12 midnight;

·  That the condition on CCTV should be reworded  ...  view the full decision text for item 5.

5.1    The acting Principal Licensing Officer introduced the report in respect of an application for a premises licence made by Zaid Anwarh under section 17 of the Licensing Act 2003. The application sought to authorise late night refreshment from 23:00 to 04:00 on Mondays to Sunday. The premises are located within the Special Policy Area (Dalston SPA). Representations remained from Environmental Enforcement, the Licensing Authority and one Other Person.

5.2  The applicant, Zaid Anwarh made submissions in support of the   application, highlighting the following:

·  Alcohol was not sold at the premises;

·  The current closure time of 11pm was restrictive as the consumption of

·  Pizza was more prevalent later in the evening; 

·  Other premises in the area served alcohol until 2pm whilst other premises sold Pizza until late;

·  Having researched issues around the Special Policy Area, it was now 

·  proposed to have late night refreshment until 4am on Friday and Saturday and until 2am on other days of the week;

·  Facial recognition, an incident log and CCTV were available at the premises;

·  1-2 Members of staff were available at the premises at night;

·  All rubbish was cleared away from the premises.

5.3  The Principal Licensing Officer made submissions in opposition to the

application, highlighting the following:

·  The Premises was in the Special Policy area;

·  The hours applied for fell far outside core hours;

·  The premises had been discovered operating without a licence on 3 occasions;

·  Welcomed no walk in after 1pm and the conditions to be imposed, however some of these would require amendment to become enforceable;

Discussion Phase

5.6  The Sub-Committee asked for clarification as follows:

·  How long the applicant had operated at the premises;

·  Whether details of deliveries at the premises including any loading bays in the vicinity of the premises;

·  the whereabouts of the Pelican crossing. He asked if the applicant had a management plan for the premises; 

·  concern about a 4am closure with disturbance to local residents and difficulties around passing trade;

·  Whether the conditions had been accepted.

5.9  The Principal Licensing Officer clarified that the loading bays were not directly opposite the premises with one bay outside the premises and that the Pelican crossing was 4 to 5 premises down.

5.10  The applicant confirmed:

·  That he had managed the premises for a number of years;

·  That Uber used motor bikes and electric scooters;

·  The conditions proposed were accepted;

·  That there were no residential dwellings above or opposite the premise so residents would not be disturbed; 

·  The shutters would be half way closed later in the evening preventing difficulties around passing trade;

·  To agree to the conditions as proposed by Environmental Enforcement.

·  That a management plan would be drawn up;

·  That people would be encouraged not to congregate;

·  That other premises in the area operated until later hours.

5.11  The Principal Licensing Officer highlighted the following:

·  Welcomed that there would not be a late night walk in the premises

·  Recommended core hours - Monday to Friday until 12 midnight;

·  That the condition on CCTV should be reworded  ...  view the full minutes text for item 5.

The Licensing sub-committee in considering this decision from the information presented to it within the report and at the hearing today has 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;

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the conditions set out in paragraph 8.1  of the report, with the following amendment :-

The opening hours and the hours for licensable activity are:

Supply of Alcohol (on sales)

Monday to Sunday    12:00 - 23:00

Supply of Alcohol (off sales)

Monday to Sunday    12:00 - 23:00

Opening Hours:

Monday to Sunday    07:00 - 23:00

(The external area shall close at 22:00)

Amend condition 17 as follows:

“All off sales of alcohol sold or supplied for consumption off the premises  must be in a sealed container and are to be sold only with food orders”.

The sale and consumption of alcohol (on sales) shall to be ancillary to food being available at all times by table service both on the premises and in the external area.

Customers shall not be permitted to take glass off the premises/into external areas of the premises.

The sale and consumption of alcohol in the external area shall be permitted until 20:30.

Use of the outdoor area (shown on the plan) shall cease at 22:00.

The capacity of the external area shall be no more than 24 people and 6 tables.

And additional conditions to be added to the licence as set out in the report at paragraph 7.1

No supply of alcohol may be made under the premises licence:

(a) At a time when there is no designated premises supervisor in respect of the premises licence.

(b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises -

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for  ...  view the full decision text for item 6.

6.1  The Principal Licensing Officer introduced the application. Mustafa Aslan

had made an application for a premises licence under section 17 of the Licensing Act 2003. The application seeks to authorise the supply of alcohol for consumption on and off the premises. The hours have been amended as agreed with the Public Health Authority. Environmental Health and the Police had withdrawn their objections following the agreement of conditions. Representations remained from 2 Other Persons.

6.2  The Consultant - Besim Hajdini, made submissions on behalf of the applicant, as follows:

·  Representations from the Police and Environmental Health had been accepted in full by the applicant;

·  Only 2 residents remained concerned about the sale of alcohol after 7pm;

·  The owner was an experienced Licensee who knew the area well;

·  The applicant was content to reduce the hours to 10pm on Sundays;

·  Signage to leave quietly would be in place;

·  The application fulfilled the licensing objectives;

·  The clientele at the premises included older people and couples.

6.3  The Sub-Committee asked:

·  Whether a commencement time of 7am was required and if this could be amended to 12pm;

·  Whether a condition to have conditions requiring alcohol to be ancillary to food with a table service;

·  The nature of the premises, ie what food offer would be available;

·  Whether the the number of seats in the outside area could be restricted for 24 to 8 patron or the hours of sale be reduced to 8:30pm;

6.4  The applicant responded as follows:

·  That there would be a food offer at the premises;

·  To agree to the hours of alcohol to be reduced to 8:30pm;

·  To agree to alcohol being ancillary to food and that there be a table

·  service;2

·  To agree to a commencement time of 12pm;

6.5  The applicant made no closing submissions. 

Decision:

The Licensing Sub-Committee, in considering this decision from the

information presented to them within the report and at the hearing and having

regard to the promotion of the licensing objectives:

? The prevention of crime and disorder

? Public safety

? Prevention of public nuisance

? The protection of children from harm

the application for a premises licence has been approved in accordance with

the Council’s Statement of Licensing and the proposed conditions set out in

paragraph 8.1 of the report, with the following amendments:

The hours of licensable activity:

Late Night Refreshment

Monday to Sunday 23:00 - 00:00

Food Deliveries

Friday - Saturday 00:00 - 0200

Opening Hours:

Sunday to Thursday 11:00 - 00:00

Friday - Saturday 11:00 – 0200

? Remove condition 15 from the licence as not enforceable and to be

added to the Delivery Management Plan

And the following conditions to be added to the licence:

? Food Deliveries shall be permitted only on Friday to Saturday from

00:00 - 02:00

? Display prominent signs on the premises on Fridays and Saturdays

to make customers aware that they are only open for deliveries from

00:00 - 02:00.

? The Applicant to provide a Delivery Management Plan to the Licensing

Authority for approval.

? The premises shall  ...  view the full minutes text for item 6.