Agenda and decisions

Licensing Act 2003

Notice of Decision

DETAILS OF APPLICATION

PREMISES

Express Kebab House

171 South Street

Romford

RM1 1PS

APPLICANT

Mr  Craig Yhnell

Comments and observations on the application

The application to review a premises licencewas made by Mr Craig Yhnell under s.51 of the Licensing Act 2003. Havering’s Licensing Authority received the application on 24 January 2020.

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the Friday 29 November 2019 edition of the Romford Recorder.

SUMMARY

The Essex Kebab House premises licence permits late night refreshment to be provided during the following hours:

Monday to Sunday – 23:00 to 04:00

Mr Yhnell submitted this application to review premises licence no. 3308 on 24 January 2020. Earlier the same day the licence had coincidentally been transferred from its previous holder to the current licence holder.  It might therefore be reasoned that the issues detailed in the documents attendant to this application occurred during the period prior to the current licence holder’s tenure in this role.

Documents accompanying the review application comprise a series of five letters sent to Havering’s environmental health team during October and November 2019, and copied in to a number of ward councillors, which alleged noise nuisance emanating from Express Kebab House.  In reply, a noise team officer attempted to contact Mr Yhnell on a number of occasions via telephone and email but received no response. The noise complaint was therefore unable to be progressed by the noise team.

The review application indicates that video evidence forms a part of the evidence supporting the review application but at the cessation of the review application’s consultation period no video evidence has been provided to the licensing authority.

The letter to the council from Mr Yhnell dated 1 November 2019 confirms:

I have decided that from now on, I will issue a letter every single time I am awoken and disturbed in the middle of the night, due to the noise from Essex Kebab House.

Three further letters were sent to Havering’s noise team, the final one dated 8 November 2019.

Comments and observations on the application

Upon submission of this application the licensing authority advertised the application appropriately further to the requirements of regulations 38 and 39 of The Licensing Act 2003 (premises licences and club premises certificates) Regulations 2005.

Summary

There were no representations further to this application made by residents, businesses in the vicinity of the premises or responsible authorities.

Ward Councillor Judith Holt submitted a representation in support of the application to review a premises licence.

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 attended and was represented by a licensing agent who made  ...  view the full decision text for item 5.