Agenda item

To consider an application for a variation of the premises licence.

Daliah Barrett, Licensing Officer, introduced the application for a variation to the premises licence for Massawa Restaurant, 202 Archway Road, N6 5BA.  The applicant wished to amend the opening hours of the premises to 1100-0330 Friday to Saturday and 1100-0230 on Sunday, with live and recorded music and supply of alcohol ceasing 30 minutes prior to closure.  Representations had been received from local residents, Enforcement Response and Metropolitan Police.  The conditions put forward by the Police had been accepted, and therefore the representation had been withdrawn.

 

Rockwell Charles, Enforcement Response, outlined the representation against the application.  Since October 2016, 9 noise complaints had been received.  Noise warning letters had been issued on the 23 July 2017 and 6 August 2017.  The Enforcement Response team were in the process of serving a noise abatement notice on the premises.  Mr Charles was of the opinion that the premises was not suitable to contain high volume, low frequency noise and suggested that the hours be reduced to those suggested by the Licensing Authority.

 

In response to questions from the Committee, Mr Charles informed them that the written representation did not refer to the noise abatement notice as the team were yet to meet with the premises licence holder to address the issues.  For the same reason, it had not been suggested that a noise limiter be installed, as this would require a visit to the premises to assess the suitability of a noise limiter.

 

Eliana Anzelmo, Interested Party, outlined her representation against the application.  She explained that the premises were located in a densely residential area, and it was not suitable for live or loud music to be played until 0330hrs.  She felt that a closing time of 0100hrs would be a compromise, although added that this would still cause noise nuisance to residents.

 

In response to questions from the Committee, Ms Anzelmo explained that she lived directly behind the premises, and could clearly hear music late at night.  She had not been able to approach the owner of the premises to discuss her issues as the premises was shut during the day, and she did not feel comfortable to approach the premises at night.

 

Nicholas Nardecchia, Applicant’s Representative, presented the application for a variation to the premises licence.  He informed the Committee that the premises was in demand for late night parties, and to satisfy this demand, the owner had applied for late hours on a Friday and Saturday night.  On previous occasions where Temporary Event Notices had been used, there had been two SIA door supervisors, and patrons had been asked to leave the premises quietly.  The premises had been soundproofed, and the owner was looking to fix the front door with a door closer to stop patrons leaving the door open.

 

All parties summed up and the Committee adjourned to consider its decision.  The Chair informed all parties present that the decision would be provided in writing following the hearing.

 

RESOLVED

 

The Committee carefully considered the application for a variation of the premises licence, the representations made by the Metropolitan Police, Enforcement Response, the Licensing Authority, Local Residents, the representations made by the Applicant and their representative, the Council’s Statement of Licensing Policy and the Licensing Act 2003 and the Licensing Act 2003 s182 guidance.

 

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

 

Regulated entertainment: Live Music & Recorded Music

Friday                                     2300 to 0030 hours

Saturday                                2300 to 0100 hours

 

Supply of Alcohol

Friday                                     2300 to 0030 hours

Saturday                                2300 to 0100 hours

 

Supply of alcohol for consumption ON the premises

 

Late Night Refreshment

Friday                                     2300 to 0030 hours

Saturday                                2300 to 0100 hours

 

Opening Hours

Friday                                     2330 to 0100 hours

Saturday                                2330 to 0130 hours

 

The Committee added the following conditions as requested by the Metropolitan Police and Enforcement Response:

 

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

 

-           Cameras must be sited to observe the entrance doors from the inside and outside to protect SIA searching entrants or refusing entry / ejecting clients.

 

-           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.

 

-           Cameras must be sited to cover all areas to which the public have access including any outside smoking areas.

 

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

 

-           Provide good quality images - colour during opening times.

 

-           Have a monitor to review images and recorded quality.

 

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

 

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

 

-           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.

 

-           At least one S.I.A. registered security staff to be present from 2100 until the venue has closed and clients dispersed from vicinity of venue on Fridays and Saturdays.  Officer will monitor behaviour of clients inside venue, control entry to venue monitoring possibly intoxicated potential entrants and ensure clients smoking outside do not disturb residents.

 

-           An incident log shall be kept at the premises, it will be in a hardback durable format handwritten at the time of the incident or as near to as is reasonable and made available on request to the Police, which will record the following:

a)    All crimes reported to the venue

b)    All ejections of patrons

c)    Any complaints received

d)    Any incidents of disorder

e)    Seizures of drugs or offensive weapons

f)     Any faults in the CCTV system

g)    Any refusal of the sale of alcohol

h)    Any visit by a relevant authority or emergency service

 

-           No music will be played in, or for the benefit of patrons in external areas of the premises.

 

-           Signs shall be displayed in the external areas / on the frontage requesting patrons to recognise the residential nature of the area and conduct their behaviour accordingly.  The management must reserve the right to ask patrons to move inside the premises or leave if it is felt they could be disturbing neighbours.

 

-           Deliveries and collections associated with the premises will be arranged during normal working day hours so as to minimise the disturbance caused to the neighbours.

 

-           Empty bottles and non-degradable refuse will remain in the premises at the end of trading hours and taken out to the refuse point at the start of the working day rather than at the end of trading when neighbours might be unduly disturbed.

 

-           All plant and machinery is correctly maintained and regularly serviced to ensure that it is operating efficiently and with minimal disturbance to neighbours arising from noise.

 

-           A complaints book will be held on the premises to record details of any complaints received from neighbours.  The information is to include, where disclosed, the complainant’s name, location, date, time and subsequent remedial action undertaken.  This record must be made available at all times for inspection by council officers.

 

-           Liaison meetings will be held where specifically requested by residents to enable neighbours to raise concerns about any aspect of the licensed activities.

 

-           Signs should be displayed requesting patrons to respect the neighbours and behave in a courteous manner.

 

-           When the premises turn out, management will supervise patrons and ensure they leave in a prompt and courteous manner, respecting the neighbours.

 

-           All ventilation and extraction systems shall be correctly maintained and regularly serviced to ensure that it is operating efficiently and with minimal disturbance to neighbours arising from odour.

 

-           Illuminated external signage shall be switched off when the premises is closed.

 

-           External doors shall remain closed whilst music is playing.

 

The Committee felt that in light of the representations made by the Local Resident and the recent noise complaints received by the Enforcement Response team, it would be appropriate (having regard to the licensing objective of promoting the prevention of public nuisance) to reduce the hours sought by the applicant, in line with the hours recommended by the Council’s Licensing Team.

 

The Committee approached its deliberations with an open mind and only took its decision after having heard all the parties’ representations. The Committee considered that the decision was appropriate and proportionate.

 

Informative

The Committee is aware that Mr Berhane’s premises is required to deal with matters arising from the planning permission for the premises; the committee is not concerned with planning matters but trusts that he will seek to address these matters with the relevant authority as necessary. The committee also suggests that he invite a noise officer from the Council to address noise control measures at the premises.