Decisions

 

Licensing Act 2003

Notice of Decision

 

 

 

 

 

PREMISES

Osteria Due Amici

39 Corbets Tey Road

Upminster

RM14 2AJ

 

 

1.       Details of requested licensable activities

 

This application to vary a premises licence is made by Mr Elton Xhetani and Mr Murat Brahilika under section 34 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 6 August 2019.

 

The application is to vary the premises plans to include the second commercial unit, no. 41, within the ambit of the licensed premises and to add a licence condition further to the provision of CCTV on the premises.

 

 

2.       Promotion of the Licensing Objectives

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

The applicant acted in accordance with regulations governing the advertising of the application.

 

 

3.       Details of Representations

 

There were no representations against the application from any residents or businesses in the vicinity of the premises.

 

There was a representation against this application from a responsible authority; Havering’s Planning Authority.

 

The representation was on the grounds of the prevention of public nuisance.

 

The applicants attended hearing and were represented by a Licensing Agent (Mr Matthew Bell) who made submissions on their behalf.     

 

The only representation against the application was a written representation from Planning that related to No. 41 Corbets Tey Road, Upminster which does not benefit from planning permission for A3 use.

 

The Sub-Committee noted that a planning permission for retrospective change of use from A1 to A3 ancillary use during day as a coffee shop and during evenings as an overflow area to the existing restaurant trading from 39 Corbets Tey Road and retention of a shop front was refused.  An appeal against for this refusal has been lodged with the Planning Inspector. Since then a further planning application has been submitted which was still awaiting determination.

 

The representation outlined that the licence application proposes inclusion of 41 Corbets Tey Road for A3 additional opening hours that exceed the restrictions that have been placed on the use by the planning department. In addition that the use proposed does not have lawful planning status and the application therefore does not accord with licencing Policy 6.

 

The representation from Planning was solely on the ground of prevention of public nuisance have not been alleviated through the licence application.

 

Mr Bell addressed the Sub-Committee stating that the application is to vary the premises plans to include the second commercial unit, no. 41, within the ambit of the licensed premises and to add a licence condition further to the provision of CCTV on the premises.

 

The inclusion of No 41 on the licence will enable the premises to seat an additional 30 people.

 

It was mentioned that the applicants – both personal licence holders; Mr Elton Xhetani and Mr Murat Brahilika took over the premises in July 2017.

 

The Sub-Committee was informed that the business was a family oriented one. The premises was currently operating in No 41 with the use of Temporary Event Notices. It was stated that there have been no issues at these events so far. 

 

In response to the sub-committee, the applicant indicated the kitchen closes at 9pm, the premises did not have a designated smoking area but client used the outside seating area for smoking. It was indicated that the outside are of both No 39 & 41 accommodated 10 seats.

 

 

 

 

 

 

4.       Determination of Application

 

DECISION

 

Upon consideration of the submission and written representation from Planning, the Sub-Committee decided to grant the application with conditions as below.

 

Reasons

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

Having considered and heard all of the evidence, the Sub-Committee considered with care the representations made by Planning Enforcement Team and the submissions from the agent and the responses from the applicant.  

 

Nobody from the Planning Enforcement Team attended in person to answer queries regarding their representation.

 

The applicant addressed the Sub-Committee and agreed conditions to ally any fears of nuisance to the public. This included not playing music in the new premises at 41 Corbets Tey Road (“Number 41”), closing Number 41 at 10pm (including any seating at frontage of the same), and limiting outside seating to 12 seats maximum at all times.

 

Having considered and heard all of the evidence,   the Sub-Committee was of the view that the applicant had proposed conditions which would allay any fears by the responsible authorities. The Sub-Committee felt confident that the applicant would continue to uphold the licensing objectives.

 

Having considered and heard all of evidence the Sub-Committee decided to grant the application with conditions as below.

 

Opening Hours

 

1.    39 Corbets Tey Road

a.     Monday to Thursday from 11:00 to 23:00 hours.

b.     Friday & Saturday from 11:00 to 24:00 hours.

c.     Sunday – 12:00 to 23:00

 

 

2.    41 Corbets Tey Road

a.     Monday to Sunday from 11:00 to 22:00 hours.

 

Recorded Music, Supply of Alcohol (ON SALES only)

 

1.    39 Corbets Tey Road

a.     Monday to Thursday from 11:00 to 23:00 hours.

b.     Friday & Saturday from 11:00 to 24:00 hours.

c.     Sunday – 12:00 to 23:00

 

Supply of Alcohol (ON SALES only)

 

1.    41 Corbets Tey Road

a.     Monday to Sunday from 11:00 to 22:00 hours.

 

 

Conditions:

  

1. CCTV shall be installed at both premises.

 

 

 

 

 

 

 

 

 

 

 

2. Seating outside Number 39 and 41 Corbets Tey Road, shall at all times be to a maximum of 12 seats combined.

 

3. Seating outside the frontage of 41 Corbets Tey Road, will be removed when these premises stop their licensable activity.

 

4. There shall be no recorded music played at 41 Corbets Tey Road.

 

 

Right of Appeal

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

1.       Dismiss the appeal; or

2.       Substitute the decision for another decision which could have been made by the Sub Committee; or

3.       Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.       Make an order for costs as it sees fit.

 

 

Taiwo Adeoye

Clerk to the Licensing Sub-Committee

 

 

1. DETAILS OF APPLICATION

 

The application for a new Premises Licence was made by the above applicant, under section 17 of the Licensing Act 2003. The application was received by London Borough of Havering on the 15^th August 2019.

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

There were no representations opposing the application from responsible authorities. Representations have been received from the interested parties on the grounds  of the prevention of public nuisance, public safety, prevention of crime and protection of children.

 

The Applicant attended and was represented by a licensing agent who made submissions on her behalf.     

 

The premises are situated within a Cumulative Impact Zone (CIZ) as set out in Annexe 1 to the Council’s policy.  Where representations are received against an application in the CIZ zone, there is a rebuttable presumption under the CIZ policy to refuse the application unless the applicant can demonstrate that the grant of the licence will not add to existing problems in the area.    

 

Decision

 

The Sub-Committee considered all representations and submissions and decided to grant the application with conditions as below.

 

 

Reasons

 

The Licensing Sub-Committee has considered an application for a new premises licence for The Hop Inn, 122 North Street, Hornchurch, Essex, RM11 1SU.

 

One local resident provided written representations as an interested party.   The primary issue raised was that of public nuisance by extractor fans and generator noise from existing businesses, with a fear that this would be exacerbated by a new business in the area.  

 

The Licensing Sub-Committee noted that the representations raised by the interested party were not directly attributable to the Applicant or Premises, and seemed to be related to noise generally from a business rather than from a licensable activity.

 

The applicants agent confirmed that they had proposed conditions in writing as a response to the interested party written representations. These additional conditions would reduce public nuisance by limiting smokers outside after 9pm, and limiting glass bottles to external refuse containers only between 10am – 8pm.

 

The applicant offered a further condition of not allowing patrons to take glass outside of the premises.

 

The Sub-Committee questioned the applicant on their knowledge of the licensing objectives and were satisfied with the applicants knowledge of the same.

 

The licensing Sub-Committee considered with care the representations made by the responsible authorities and the applicant.

 

The conditions agreed by the Applicant were found to be sufficient to ensure that the licensing objectives would be promoted.   

 

Having considered all submissions the Sub-Committee decided to grant the licence as follows :

 

Opening times:

 

1.    Mon to Thu from 12:00 to 22:50 hours.

2.    Fri to Sat from 12:00 to 23:50 hours.

3.    Sun 12:00 from to 22:20 hours.

4.    Good Friday, Xmas Eve from 12:00 to 00:20 hours.

5.    New Years Eve from 12:00 to 00:50 hours.

 

Sale of Alcohol (on and off premises only)

 

1.    Mon to Thu from 12:00 to 22:30 hours.

2.    Fri to Sat from 12:00 to 23:30 hours.

3.    Sun 12:00 from to 22:00 hours.

4.    Good Friday, Xmas Eve from 12:00 to 00:00 hours.

5.    New Years Eve from 12:00 to 00:30 hours.

 

 

Conditions:

  

1.     CCTV shall be installed at the premises.

 

a.     CCTV implementation will be to the Information Commission Standards.

 

b.     The CCTV system shall be maintained in good working condition and record the premises 24 hours every day.

 

c.     Records shall be retained for a minimum of 31 days and be made available to the Police and Licensing Authority immediately on request.

 

d.     The equipment shall have suitable export methods to CD/DVD/USB

 

e.     Staff working at the premises shall be trained in the use of the CCTV equipment and a training log will be kept on the premises.  This will be made available to the Police and Licensing Authority immediately on request.

 

f.      Cameras on the entrance will capture full frame shots of the heads and shoulder of all people entering the premises, of evidential quality in any light condition.

 

g.     There shall be signs displayed that CCTV is in operation.

 

h.     CCTV shall monitor all areas used by the premises patrons including the area immediately outside front of the premises.

 

i.       The CCTV system shall be checked on a weekly basis to ensure that it is working/recording. A record of this shall be recorded in the CCTV log book with the premises licence holder/DPS recording the date and time of the check. The record shall be recorded in a bound and numbered page book.   This register is to be kept on the premises at all times and made available to the Police and the authorised council officers immediately upon request. Full books shall be retained at the premises for a period of 12 months.

 

j.       Should the CCTV become non-functional the Premises License Holder / DPS shall take immediate steps to rectify the situation as soon as possible and inform the Licensing Authority immediately.

 

 

2.     Challenge 25 will be implemented.

 

a.     Where customers appear under the age of 25 and attempt to purchase alcohol or other age restricted products, they shall be asked for proof of age.

 

b.     The following proofs of age are the only ones to be accepted:-   Proof of Age Cards bearing the “PASS” hologram symbol; UK photo Driving License; Passport.

 

c.     Challenge 25 notices will be displayed.

 

d.     No Proof, No Sale signage shall be displayed at the window and inside the shop.

 

e.     Signage will be displayed reminding customers that no alcohol shall be sold to customers Under 18 as it is a criminal offence.

 

f.      Refusal / Incident book to be maintained and kept on the premises at all times. This will be retained for 12 months and made available to the police or Licensing Authority immediately upon request.

 

g.     Book to be examined at least weekly by DPS with date/time of examination endorsed on book.  

 

h.     No person under 18 shall be permitted on the premises, unless accompanied by an adult. No persons under 16 years of age shall be permitted on the premises at any time.

 

 

3.     Training:

 

a.     Staff shall be trained in the responsible sale of alcohol, including all new staff members. Details of all training shall be recorded and provided to the Police or Licensing Authority immediately on request.

 

b.     All staff shall have a refresher training every 3 months for the sale of Alcohol.

 

 

4.     Clear and legible notices shall be displayed in a prominent position near the exit door(s) requesting that customers leave quietly to avoid disturbing local residents.

 

5.     The area immediately outside the premises shall be regularly inspected and any litter, food containers, bottles, cans or glasses emanating from the premises shall be removed and properly disposed of as trade waste.

 

6.     The capacity shall be limited to 60 customers.

 

7. A clear and legible notice shall be displayed in a prominent position in the smoking area asking customers to respect nearby residents and to be quiet whilst smoking outside the premises.

 

8. A maximum of 5 persons shall be permitted to smoke outside the premises after 2100 hours.

 

9. No glass bottles or other waste material shall be removed from the premises and emptied into waste containers or removed for disposal between 20.00 hours and 10.00 hours.

 

10. Deliveries and collections shall not be carried out before 07.00 hours or after 20.00 hours.

 

 

 

The Board members questioned whether the Terms of Reference had been updated.

 

Action: Luke Phimister to check Terms of Reference and circulate amended version to Caroline Berry for uploading to the website.

 

The minutes of the meetings held on the 20 August 2019 were agreed as a correct record and signed by the Chairman.