Agenda item

To consider an application to allow Provision of Regulated Entertainment, Provision of Late Night Refreshment and Supply of Alcohol at the premises.

For the Licensing Team, Robin Payne introduced the report on the application for a new premises licence at El Mezon, 189-191 Broad Lane, Tottenham, and Derek Pearce, Enforcement Response, outlined the proposed conditions, as set out on pages 47 to 48 of the agenda pack.

Three local residents spoke in objection to the application, and raised concerns regarding noise, an increase in crime and disorder, litter and broken glass, smoking, parking in the area, public urination and other antisocial behaviour. The residents stated that they had no objection to the principle of licensing a restaurant operating for normal hours, but were concerned about the very late hours applied for and the impact this would have on local residents. Concerns were also raised that people would try to use the entrance onto Antill Road, as this was more obvious than the entrance from Broad Lane, which would cause a disturbance to residents on Antill Road. There was a further concern that people would use Antill Road to stand outside and smoke.

The applicants addressed the Committee and stated that they needed a licence in order to be able to serve drinks with meals in the restaurant. They confirmed that they had no intention of operating the premises as a nightclub, and that it would be a family restaurant with occasional small private functions in the evening; the hours applied for in the licence were to ensure that they could accommodate such parties without breaching any regulations. It was noted that, as the events would be private functions, those attending would know that the correct entrance was via Broad Lane.

In response to questions from the Committee, the applicant confirmed that, in the evening, access to the premises would be via Broad Lane and through a corridor within the premises. It was confirmed that the other business units within the building would be secured and that there would be no access to these for customers entering the premises via this route. It was also confirmed that up until 10pm the restaurant would be open to the public, but that any evening functions taking place after the restaurant closed would be for invited guests only.  

Robin Payne asked for clarification of the plans that had been shown to the fire officer, as the plans in the agenda pack did not show the whole area of the premises. It was agreed that any licence, if granted, would be made conditional on confirmation being obtained from the fire officer that they had seen the full plans and had no objection. In response to a question from a local resident, the legal officer confirmed that there was a right to appeal the decision of the Committee to the Magistrates Court.

In summing up, residents emphasised their concerns regarding the opening hours, noise breakout when doors were opened, smokers using Antill Road, litter and the risk to local residents. The applicant summed up by saying they did not intend to open as late as applied for, but wanted to cover all eventualities. Late events would not be regular and would only be private functions; it was noted that, culturally, the community served by the premises tended to eat later in the evening. The applicants understood residents concerns about noise, but felt that the conditions agreed with Enforcement Response would address these.

The Committee retired to deliberate.

RESOLVED

The Committee carefully considered the application, the Council’s Statement of Licensing Policy, the Section 182 guidance and all the representations. The Committee decided to grant the application, but only on the following terms:

Opening hours

Monday to Thursday:                                                0800 to 0000

Friday and Saturday:                                                0800 to 0100

Sunday:                                                                      0800 to 2300

Bank Holidays:                                                          0800 to 0200

Colombian Independence Day (20^th July):1200 to 0200

Halloween (31^st October):                                        1200 to 0200

The Provision of Regulated Entertainment: Live Music, Recorded Music

Monday to Thursday:                                                1200 to 2330

Friday and Saturday:                                                1200 to 0030

Sunday:                                                                      1200 to 2230

Bank Holidays:                                                          1200 to 0130

Colombian Independence Day (20^th July):1200 to 0130

Halloween (31^st October):                                        1200 to 0130

The Provision of Late Night Refreshment

Monday to Thursday:                                                2300 to 2330

Friday and Saturday:                                                2300 to 0030

Bank Holidays:                                                          2300 to 0130

Colombian Independence Day (20^th July):2300 to 0130

Halloween (31^st October):                                        2300 to 0130

Supply of Alcohol

Monday to Thursday:                                                1200 to 2330

Friday and Saturday:                                                1200 to 0030

Sunday:                                                                      1200 to 2230

Bank Holidays:                                                          1200 to 0130

Colombian Independence Day (20^th July):1200 to 0130

Halloween (31^st October):                                        1200 to 0130

All the conditions imposed by the Responsible Authorities referred to in the agenda pack are imposed, this includes where representations have been withdrawn based on the agreement to conditions. The Enforcement Response conditions are amended in that the Antill Road entrance is not to be used past 10pm on any day, save in emergency.

As additional conditions, the following requirements are imposed:

-          No drinks will be taken outside the restaurant.

-          A member of staff, at the end of each day, shall check the entrances for any litter, such as cigarette butts, and sweep any such litter clear.

-          This licence is only to be considered granted once the applicant has received written confirmation from the Licensing Authority that the Fire Authority has no objections. This is because it became apparent that the Fire Authority may not have seen the entire plan of the premises in conjunction with the Enforcement Response team’s representations.

The Committee came to this decision taking into account the objective of the Prevention of Public Nuisance in particular, balancing the proximity of residential dwellings and the rights of the applicants to operate their business.

As an informative, residents are reminded that if any of the licensing objectives are compromised as a result of the granting of the application, procedures exist to have the licence reviewed.