Report attached.

Licensing Act 2003

Notice of Decision

PREMISES

GeTurkish

8 Station Road

Romford

RM2 6DA

APPLICANT

Mr Ruhul Amin

Details of requested licensable activities

This application for a premises licence is made by GeTurkish LTD under section 17 of the Licensing Act 2003.  The application was received by Havering’s Licensing Authority on the 3 June 2025.

Details of the application

The applicant applied for Late Night refreshment from 23:00-02:00hrs seven days a week with opening hours being from 11:00-02:00 hours each day.

The applicant has described the premises as follows:

The premises is a fast-food takeaway offering hot food and non-alcoholic beverages, such as kebabs, burgers, and fries. It is located at 8 Station Road, Gidea Park, RM2 6DA, in a busy area with high foot traffic, especially during the evening and late night hours. The shop is situated near Gidea Park Train Station, which operates until late at night, making it a convenient stop for commuters and local residents seeking late-night refreshment.

The premises features an open kitchen where food is prepared in full view of customers. Orders are taken over the counter, with food served directly to customers at the counter.

For safety and security, the premises is equipped with CCTV coverage both inside and outside the shop, as well as adequate lighting to ensure a secure environment. The shop is located in a well-populated residential and commercial area, providing a safe and accessible setting for late-night operations. Additionally, there is a designated area for waste disposal to maintain cleanliness and prevent public nuisance.

Observations on the application

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 further to advertising.

Summary

There were no representations against this application from interested persons.

There were 3 representations against this application from responsible authorities; the Metropolitan Police, Environmental Health and the Licensing Authority.

The Licensing Sub–Committee acknowledges the irregularity of the announcement of the decision by mistakenly granting the licence.  This position has been resolved before the issuance of the determination in accordance with Regulation 32 of The Licensing Act 2003 (Hearings) Regulations 2005.  For the purposes of clarity, the Sub-Committee has concluded that the application should be refused as set out in the decision below.

Determination for the new premises licence

In reaching its decision to REFUSE the application, the Licensing Sub–Committee carefully considered the application, the representations made by the Applicant, the Metropolitan Police, Environmental Health and the Licensing Team. 

The Licensing Sub-Committee took into consideration the Council’s Statement of Licensing Policy, the Public Sector Equality Duty, the Home Office guidance issued under section 182 of the Licensing Act 2003, the Duties under the Crime and Disorder Act 1988 and the rights set out in the Human Rights Act 1998.

The Licensing Sub-Committee did consider seriously the following proposed conditions that were discussed with the Metropolitan Police, Environmental Health, Licensing and the Applicant regarding the reduction in hours.  The additional proposed conditions by Environmental Health were also accepted by the applicant. 

However, the Licensing Sub-Committee was not satisfied that the conditions went far enough to promote the licensing objectives as there was no proper researched consideration given to deliveries by the applicant.  Furthermore, the Licensing Sub-Committee offered the applicant the opportunity to provide an explanation of his business model for example, the split between deliveries and take-away business market research.  The applicant stated that he had not done any research in this area but had asked his customers.  This was considered to be insufficient for the purposes of knowing the extent of resources required for the promotion of the licensing conditions.

For information purposes the conditions that were agreed with the Responsible Authorities are set out below:

1.    All supplier deliveries are strictly scheduled between the hours of 08.00-18.30 Monday-Saturday, with no deliveries to the site on Sundays or Bank Holidays.

2.    Staff are trained to minimise noise, avoid idling engines, and manage waste and dispatches quietly and respectfully.

3.     Delivery drivers are not permitted to loiter near the premises, and collection is managed efficiently to prevent disruption

4.     The premises shall install and maintain a comprehensive digital colour CCTV system. All public areas of the licensed premises, including all public entry and exit points will be covered enabling facial identification of every person entering in any light condition. The CCTV cameras shall continually record whilst the premises are open to the public and recordings shall be kept available for a minimum of 31 days with date and time stamping. A staff member who is conversant with the operation of the CCTV system shall be present on the premises at all times when they are open to the public. This staff member shall be able to show the Police or the Licensing Authority recordings of the previous two days immediately when requested.

5.  An incident & refusals book shall be kept and maintained at the premises and shall be made available for inspection by Police and Council officers upon request.  The log shall record the following: -

(a) All incidents of crimes & disorder which take place within the venue.

(b) Any complaints received and the outcome.

(c) Any faults with the CCTV system.

(d) Any visit by a relevant authority or emergency service.

6.    Staff Training

Staff will receive training on all relevant licensing matters (e.g. dealing with disorder, age checks, safeguarding).

Training will be refreshed at least every 12 months

Records will be maintained and made available for inspection

7.    Child Protection

Children under 16 will be welcome only if accompanied by an adult after 8pm.

8.    Reduced operating hours:

Midnight - Sunday to Thursday

0100 hours - Friday and Saturday

And, for the following reasons:

1.    The Licensing Sub-Committee noted that the Metropolitan Police, Environmental Health and the Licensing Team made relevant representations.  All expressed concerns about the late hours of business to 2am.   Taking account of all the circumstances and the conditions offered and agreed by the applicant, Licensing Vice Chairs were not convinced that the applicant could properly adhere to the licensing objectives.  The other takeaway referenced by the applicant that had been granted a late night licence was in a significantly different area so the Licensing Sub-Committee considered it inappropriate to compare. The Licensing Sub-Committee noted that there were no takeaways in Gidea Park open beyond 11pm.

2.    The Licensing Sub-Committee was sympathetic to the objections raised by the responsible authorities that were carefully considered.  These related to in the main to Public Nuisance and the Prevention of Crime and Disorder and the Protection of Children from Harm which the applicant failed to demonstrate that he could properly promote.  The Licensing Sub-Committee did consider that conditions were agreed between the responsible authorities and the applicant but were not satisfied that they addressed the delivery of food or the applicant’s capacity to manage this aspect of the business due to limited resources.

3.    The Licensing Sub-Committee also considered the applicant’s willingness to reduce hours during the hearing to allay any fears that the Police may have.  The Panel considered the licencing policy, in particular, section 11, 12, 17 and 20.  In particular, the panel considered 12.3 of the licensing policy where it states ‘The above hours are a guide and each application will be considered on it’s own merits.’   However, the Licensing Sub-Committee has exceptionally decided to depart from the recommended hours in the statement of licensing policy.  The Licensing Sub Committee was concerned that planning and licensing were misaligned and therefore persuaded by 11.4 of the statement of Licensing Policy where it states ‘For example, if there is a variance between the hours given under the licence and those permitted by the planning permission the earlier hours will apply.

4.    The Licensing Sub-Committee noted that there were no representations made by other persons including the local residents or ward councillors. The Licensing Sub-Committee considered all written and oral representations made by Metropolitan Police, Environmental Health and the Licensing Team on the grounds of the licensing objectives.  The Licensing Sub-Committee was aware that it could not make any assumptions as to any potential impact the requested application might have in relation to the licensing objectives but must reach a decision based on the evidence before it.  The Licensing Sub-Committee was mindful that there was no evidence presented which could show that granting the application would undermine the licensing objectives.  However, conversely the panel also considered that there was no evidence in support of the application.

5.    On the balance of probabilities, the Licensing Sub-Committee was not satisfied that granting the application with the additional agreed conditions, would promote the licensing objectives of Prevention of Public Nuisance, Prevention of Crime and Disorder, Protection of children from harm and public safety. 

6.    The Licensing Sub-Committee also considered the relevant provisions of the Human Rights Act 1998, namely:

Article 6 – The right to a fair hearing

Article 8 – Respect for private and family life

Article 1 – First protocol – peaceful enjoyment of possessions                                                                                              

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.