To consider an application for a new premises licence.
Minutes:
Ms Daliah Barrett, Licensing Team Leader, introduced the report as set out and informed the Sub-Committee that the application sought approval for:
• Regulated Entertainment as Recorded Music from Monday to Sunday 1100 to 2300 hours.
• Supply of Alcohol from Monday to Sunday 11:00 to 23:00 hours.
• The opening hours to the Public from Monday to Sunday from 11:00 to 23:00 hours.
In considering the representations received and what would be appropriate for the promotion of the licensing objectives, the steps the Sub-Committee could take were:
• To grant the application as requested.
• To grant the application whilst imposing additional conditions and/or altering in any way the proposed operating schedule.
• To exclude any licensable activities to which the application relates.
• To reject the whole or part of the application
Members of the Licensing Sub-Committee were asked to note that they may not modify the conditions or reject the whole or part of the application merely because it considered it desirable to do so. It must be appropriate in order of Page 1 Agenda Item 6 Page 2 of 4 to promote the licensing objectives.
Ms Dolapo Alao (applicant) informed the Sub-Committee that:
• This application was submitted to rectify an error in her initial application. The application was initially made to supply alcohol on and off the premises. However, the supply of alcohol would be limited to on the premises only and customers would not be permitted to take any alcohol outside the premises.
• There were concerns around nuisance in the area. The installation of CCTV inside and outside the premises would help monitor nuisance, particularly outside the premises.
• Customers were not respecting signages at the premises. The signs set out rules for customers which mentioned customers should leave quietly, not cause any nuisance or disturbance to the neighbours and customers should use the toilets before leaving the premises.
• There were also concerns about the extended hours, so the operating hours were reduced from 11:00 - 23:00 to 12:00 – 22:00.
• The premises managed an incident log to record all incidents and any crime on the premises.
• There was also a complaints register to log any complaints received by residents and service users.
• Some residents had raised their concerns around a new shop/business opening in the area as this would increase traffic and noise.
In conclusion, Ms Alao would like the Sub-Committee to grant the application as requested.
In response to questions, Ms Alao informed the Sub-Committee that:
• In terms of experience in working in the restaurant industry and licenced premises, she had previous experience in running a shop which was authorised to sell alcohol off the premises.
• She had also completed the Personal Licencing Test and was aware of all the rules and regulations.
• There were concerns around residential litter in the area. There were no litter bins available for some residents living in the surrounded flats which caused dumping in the areas around the premises.
• In terms of managing the restaurant, the premises would be managed by Ms Alao on and off site.
• The premises would provide dine in, takeaway and delivery options. The takeaway orders would be just as busy as dining in. The busier period was expected to be during lunchtime and after working hours.
• In terms of the interior of the premises, there would be 3 tables with 4 chairs in the open area, there would be a counter at the back for takeaway orders and on the left side of the premises there was a hallway leading to the toilets.
• The premises would not have a bar, drinks would be ordered at the table.
• For deliveries, the food would be prepared and ready in advance. The kitchen staff would receive an alert once the delivery driver arrives.
• When queried about interest in having outdoor seating area at the premises, she confirmed there were no plans to have outdoor dining.
• Ms Alao would be a committed to working with neighbours and residents to understand their concerns and to be flexible to mitigate the pre-existing issue around anti-social behaviour in the area.
• In terms of antisocial behaviour at the other branches, the Sub-Committee heard that there was no history of any antisocial behaviour at any of the other branches for this chain of restaurant.
The Chair asked Ms Alao to sum up and the Sub-Committee heard that Ms Alao would like to create positives changes on Lordship Lane by cooperating and collaborating with local residents as soon as the application is granted.
The Sub-Committee retired to consider the application, and informed all parties present that the decision would be provided in writing following the meeting.
RESOLVED
The Sub-Committee carefully considered the application for a new premises licence for Tasty African Food, 22 Lordship Lane, Tottenham, London N17 8NS and the representations made by the applicant and Cllr Ali on behalf of the residents, as well as the Council’s statement of licensing policy and the Licensing Act 2003 Section 182 Guidance.
Having fully considered the written and oral representations and questioned the applicant, the Sub-Committee decided to grant the application with the following conditions:
Opening Hours
Monday to Sunday 1200 to 2200 hours
Supply of Alcohol
Monday to Sunday 1200 to 2130 hours
For Consumption ON the premises
The following conditions are added to the licence:
1. All staff will be fully trained in their responsibilities with regard to the sale of alcohol, and will be retrained every six months, with training records kept for inspection. The premises will close 30 minutes after the licensing activities have ceased to allow customers to finish their drinks and leave in a quiet and orderly manner.
2. The premises will use CCTV to an appropriate standard. The CCTV equipment shall be maintained in good working order and continually record when the premises are open. The premises licence holder shall ensure images from the CCTV are retained for a period of 31 days. The correct date and time will be generated onto both the recording and the real time image screen. If the CCTV equipment (including any mobile units in use at the premises) breaks down, the Premises Licence Holder shall ensure the designated premises supervisor, or in his/her absence, other responsible person, informs the Licensing Authority as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and shall include the date, time, means of reporting and to whom the information was reported. Equipment failures shall be repaired or replaced as soon as it is reasonably practicable and without undue delay. The Licensing Authority shall be informed when faults are rectified.
3. The Premises Licence holder shall ensure that there are trained members of staff available during opening hours to be able to reproduce and download CCTV images into a removable format at the request of a Police Officer or Council Officer.
4. There shall be clear signage indicating that CCTV equipment is in use and recording at the premises during all trading hours.
5. The DPS will keep an up to date DPS Authorisation sheet which will show the list of staff members who have been given the authority to sell alcohol on the premises.
6. An incident record shall be kept at the premises to record all crimes, incidents of disorder and/or antisocial behaviour. The incident log shall be made available on request to the Police or Council officers.
7. A refusals log for the sale of alcohol shall be kept and made available to the Police or Council Officers upon request.
8. A complaints register shall be held on the premises to record details of any complaints received from neighbours or the general public with a note of the remedial action taken. The complaints register shall be made available to the Police or Council Officers upon request.
9. Staff will be trained to be alert to any potential danger to customers and react accordingly. If they are unable to quickly defuse the situation without risk to customer or staff, then they shall call the police.
10. An on-site incident book will be in operation to record any accident or injury incurred on the premises. This document will be retained by the business for inspection for a period of three years.
11. Signage shall be displayed asking customers to leave quietly and use bathroom facilities, if required, before leaving the premises. Customers will be reminded of their responsibility to leave the premises without causing disturbance to any properties who may be affected.
12. Only photographic ID will be accepted (passport, driving licence, proof of age card with PASS hologram, or military ID).
13. Challenge 25 will be in operation and anyone who appears to be under the age of 25 shall be asked to provide ID. If the customer is unable to provide identification, then no sale shall be made. Challenge 25 Posters will be on display in the shop. Any staff members who may be under the age of 18 must call a staff member over 18 to take over the sale and complete the transaction. If it is known that a customer intends to purchase alcohol to provide to minors, then that sale will be refused. All refused sales will be recorded in the refusals book.
Reasons
The Sub-Committee considered the representations made against application and noted the concerns regarding public nuisance, litter and street drinking in the vicinity of the premises. Whilst these complaints were not directly linked to the premises, the Sub-Committee noted that the applicant had made appropriate concessions by agreeing to only have a licence for the sale of alcohol for consumption on the premises and agreeing to close one hour earlier than originally proposed.
The applicant proposed a range of conditions to address the residents’ concerns about public nuisance and showed a willingness to work with residents and the local community. The Sub-Committee therefore felt that the above conditions would be appropriate and proportionate to promote the four licensing objectives.
Supporting documents: