Agenda item

Daliah Barrett, Licensing Officer, introduced the application for a new Premises Licence at Sira Vanadokya Restaurant, 13-15 Grand Parade, N4 1LA.  The application requested opening hours of 0800-0200, sale of alcohol (on and off sales) 0800-0130 and Late Night Refreshment 2300-0130.  Representations had been received from Enforcement Response, Planning and Local Residents (Interested Parties).  A number of conditions had been put forward by the Applicant, and Ms Barrett explained that these were standard conditions which would automatically be included on a licence.  Ms Barrett had therefore included a set of model conditions as appendix three to the report.  The representation made by Planning referred to the lack of planning permission at the premises, and stated that it was unlikely that planning permission would be granted due to the potential for noise disturbance to the neighbouring properties.  Ms Barrett advised that Planning and Licensing were separated regimes and that the lack of planning permission should not be taken into account when decided on whether to grant a Premises Licence.  Ms Barrett also advised that the conditions requested by Enforcement Response had been agreed to by the Applicant, and therefore the representation had been withdrawn.

Lee Tassie, Interested Party, outlined his representation against the application.  His objection was in relation to noise nuisance, particularly as he could hear noise from the premises during the renovation works, which would only increase once the premises became a restaurant full of people.

Nilgun Canver, Applicant Representative, presented the application for a new Premises Licence.  The premises was not currently operating, and the Applicant had submitted a planning application to convert the use of the premises.  The Applicant was a personal licence holder with many years experience, and would be at the premises whenever the premises was open.  There would be no alcohol sold without food, no alcohol to be taken out of the premises, no live or amplified music, and no rubbish collections at night.  The Applicant had accepted all of the conditions put forward by the Responsible Authorities and considered that this would address all concerns raised in relation to the application.  Ms Canver informed the Committee that the Applicant had taken steps to ensure that the premises would be soundproofed.

In response to questions from the Committee, Ms Canver explained that there would be no seating in the rear external area, but that it would be used for smoking, rather than patrons using the street at the front of the premises.  She advised that this area would be supervised.

The Committee adjourned to consider the application and advised all present that the decision would be communicated in writing following the meeting.

RESOLVED

The committee carefully considered the application for a new Premises Licence, the representations made by the Planning Service, local residents, the representations made by the Applicant and her representative, the Council’s Statement of Licensing Policy and the Licensing Act 2003 s182 guidance.

Having heard the parties’ evidence, the Committee resolved to grant the application as follows:

Hours open to the public

Sunday to Thursday                                    0800 to 0000

Friday to Saturday                           0800 to 0100

Supply of alcohol

Sunday to Thursday                                    0800 to 2330

Friday to Saturday                           0800 to 0030

Late Night Refreshment

Sunday to Thursday                                    2300 to 2330

Friday to Saturday                           2300 to 0030

Supply of alcohol ON and OFF the premises

The Committee resolved to add the following conditions to the licence:

-       Alcohol both on and off sales shall only be ancillary to food.

-       There shall be no use of the rear garden for licensable activities.

-       There shall be no more than six people using the rear garden for smoking at any one time, and all use of the garden shall cease at 2200.

-       A digital CCTV system to be installed in the premises.

-       Cameras must be sited to observe the entrance doors from inside.

-       Cameras on the entrances must capture full frame shots of the heads and shoulders of all people entering the premises i.e. capable of identification.

-       Provide a linked record of the date, time of any image.

-       Provide good quality images - colour during opening times.

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-       Have a monitor to review images and recorded quality.

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-       Be regularly maintained to ensure continuous quality of image capture and retention.

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-       Member of staff trained in operating CCTV at venue during times open to the public.

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-       Digital images must be kept for 31 days. The equipment must have a suitable export method, e.g. CD/DVD writer so that Police can make an evidential copy of the data they require. Copies must be available within a reasonable time to Police on request.

-       Challenge 25 Policy Implemented:

-       A valid passport.

-       A photo driving licence

-       A proof of age standard card system

-       A citizen card, supported by the Home Office.

The Committee noted that the Applicant had accepted the model conditions set out by the Licensing Authority.

The Committee considered that it would be appropriate to lower the hours  from the hours requested in the application due to the size of the premises, and the possibility of large groups of patrons leaving the premises at the same time late at night.  The Committee took into consideration the representation made by the local resident in relation to noise heard from the premises currently.

The Committee noted that the premises did not currently have the correct planning permissions in place.

The committee only made its decision after having heard all the parties’ evidence and considered the decision to be appropriate and proportionate.