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Agenda item

Agenda item

Variation of Premises Licence: King of Falafel, 297 Old Street, EC1V 9LA

Meeting of Licensing Sub Committee E, Thursday 13 October 2022 2.00 pm (Item 5.)

Decision:

5.1 The sub-committee heard from the Principal Licensing Officer, agent for the Applicant, the Metropolitan Police and Licensing. During the course of submissions and a discussion of the application, the sub-committee noted the following:

· It was noted that the applicant had submitted additional information which had been circulated to all parties.

· Since the publication of the officer report, the applicant proposed to reduce the hours from Sunday to Wednesday to 23.00 to 01.00 hours and if the Sub-Committee were not minded to grant the licence the applicant proposed to also reduce the hours from Thursday to Saturday until 01.00 hours.

· A dispersal policy and additional measures had also been submitted, which intended to mitigate the cumulative impact on the Shoreditch Special Policy Area (SPA).

· The Applicant’s agent stated that the local restaurant offered halal food and the premises had received a 5 star rating.

· They intended to offer a pre-order and collection service only from 23.00 hours to meet the rise in customer demand since Covid-19, and there were no current plans to provide any delivery service.

· The applicant was a responsible operator with previous experience managing another similar restaurant in Camden for 15 years.

· A maximum of eight customers would be allowed in the premises at any one time and orders would be served within three minutes to minimise public nuisance in particular prevent queuing on the narrow footways that were extremely busy in the early hours.

· The applicant stated that he would not serve any intoxicated persons.

· The last order would be taken 15 minutes before the closing hour so that the premises closed promptly and people were encouraged to disperse from the area.

· The applicant’s agent confirmed that there was no ventilation ducting at the rear of the premises.

· The premises licence was transferred to the applicant in July 2022 and he denied any involvement in the incidents of non-compliance witnessed prior to the transfer.

· An SIA door supervisor would be employed from Thursdays to Saturdays and a staff member would be nominated from Sundays to Wednesdays to monitor the outside area to minimise public nuisance, anti-social behaviour and manage dispersal.

· All parties agreed that conditions 12 and 13 would need to be amended to reflect the variation in the licence.

· It was confirmed that the applicant had not applied for non-standard hours.

· The applicant’s agent made reference to a petition in support of the application but due to printing issues the document could not be submitted.

· The responsible authorities indicated that the reduction in hours alleviated some of their concerns however, there were residential properties above and adjacent to the premises as well as being located on a busy road within Shoreditch Triangle, which experienced high levels of public nuisance and disorder. The proposed extended hours would negatively impact on local amenities but the proposed reduced hours would allow the applicant to demonstrate they could be a responsible operator in Hackney.

· The responsible authority expressed concern with regard to regulating a delivery service on a red route and requested an additional condition to not permit any deliveries.

· The police representative confirmed that no breaches had been reported since July and the Licensing representative also confirmed that they had not received any complaints relating to this premises.

RESOLVED

The decision of 13th October 2022

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; and

• The protection of children from harm,

the application to vary a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

The Licensing Sub-committee granted the following hours

of licensable activity:

Late Night Refreshment

Sunday - Wednesday 23:00 - 00:00

Thursday - Saturday 23:00 - 01:00

Opening Hours:

Sunday 10:00 - 00:30

Monday - Wednesday 08:00 - 00:30

Thursday - Saturday 08:00 - 01:30

Non-standard hours shall be removed from the premises licence.

Condition 12 amended to read as follows:

"12. All tables and chairs shall be rendered unusable after 23:00 hours each night. All food orders after 23:00 hours shall be for takeaway only".

Condition 13 amended to read as follows:

" 13. After 23:00 hrs there shall be a maximum of 8 customers in the shop at

any one time. This shall be monitored by at least one staff/door supervisor".

Condition 14 amended to read as follows:

“ An SIA Licensed Door Supervisor shall be on duty at the premises from 23.00 to 15 minutes after close on Friday, Saturday & Bank Holiday Sundays. The Door Supervisor shall clearly display their SIA Licence while on duty at the premises. The Door Supervisor must record details of their employment at the premises in the relevant section of the Incident Book including, name and full SIA Licence Number, phone number, dates and times of attendance, signature, and if employed by a Security Company the name & phone number of the Company”.

And the following additional conditions:

Food deliveries are not permitted. Pre-orders and collection only.

A minimum of three members of staff shall be on duty Friday and Saturday evenings after 23.00.

Reasons for the decision

The application to vary a premises licence has been approved, because members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined within the Shoreditch Special Policy Area (Shoreditch SPA).

The Sub-committee took into account that the Metropolitan Police Service (“the Police”) and the Licensing Authority raised objections to the application in addition there were 2 objections raised by Other Persons (local residents). The Sub-committee noted that the Police concerns related to a previous owner of the premises. The Sub-committee took into consideration that there were reports that the Applicant had not complied with the conditions on their licence and had operated over their permitted operating hours.

The Sub-committee took into consideration the representations made by the Licensing Authority, and their concerns about the impact on the Shoreditch SPA which was affected by a rise in public nuisance and anti-social behaviour. The Sub-committee also took into consideration that the premises is located in the Shoreditch SPA and therefore it is subject to policy LP10.

The Sub-committee heard the representations made by the Licensing Authority, and their concerns about deliveries in a busy part of Shoreditch SPA, and how it will impact on local residents who live close to the premises. The Sub-committee took into consideration that the Licensing Authority wanted a condition for no deliveries because it is on a red route. The Applicant would have to come back with another application to the Sub-committee for approval if they want to operate with deliveries.

The Sub-committee heard that the Applicant had a petition from local workers

and local people in support of the application. The Sub-committee heard that there was a demand in the area, and by having the premises open later would ensure that they serve all of their customers.

The Sub-committee heard submissions from the Applicant that they have been operating as a business for the last 5 years and that they offered a dispersal policy, reduced hours to 01:00, and SIA door security until 15 minutes after the premises closes to check and monitor the area. The Sub-committee heard that the SIA door security will stop people from queuing and loitering outside the premises. In addition the Applicant agreed not to allow any more than 8 people at any one time to prevent queues in the narrow and busy area.

The Sub-committee took into account that the Applicant agreed to conditions for

no deliveries, and no dining after 23:00, that there will be a minimum of 3 staff at the premises to ensure there was a quick turnaround of customers. The Sub-committee took into account that the Applicant agreed to end service 15 minutes before closing each day to prevent added disturbance by having no extraction fan noise, and considering the narrowness of the pavement.

The Sub-committee took into consideration that the reduced hours Thursday to Saturday went a long way to alleviate concerns of the Licensing Authority and the Police, and this would help the Applicant demonstrate that they were a responsible operator. The Sub-committee felt that the Applicant demonstrated that they were a responsible operator because they had experience of operating other premises in the London area.

The Sub-committee after hearing from the Applicant and the Licensing Authority were satisfied that the premises would not add to the cumulative impact in the Shoreditch SPA. The Sub-committee took into consideration the nature of the business that it was a food led premises where no alcohol will be served.

The Sub-committee also took into consideration the conditions agreed with the Responsible Authorities that would help overcome any negative impact in the Shoreditch SPA.

Having taken all of the above factors into consideration, the Sub-committee were satisfied that by granting this variation to the premises licence, that the licensing objectives would continue to be promoted within the Shoreditch SPA.

Supporting documents: