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Agenda item

Canas Y Tapas, 72 Upper Street, N1 0NY - Premises licence review

Minutes:

The licensing officer advised that the Police had applied for a review of the premises licence following a series of violent incidents at the premises. An additional submission had been received from the Police in relation to a GBH incident at the premises on 15 January 2017. It was also noted that the licensee had submitted proposed revised conditions, which are set out as an appendix to these minutes.

 

The Police reported that the premises had been poorly managed over the past 18 months, noting that the licensee had refused Police advice and neither the licensee nor the DPS had contacted the Police in relation to incidents at the premises. The Police summarised the violent incidents occurring at the premises and reported that since the review had been submitted there had been three further GBH incidents and one common assault at the premises. Given the history of disturbances at the premises and the lack of commitment from the licensee and DPS to address these adequately, the Police requested that the licence be revoked.

 

Following a question, the Police advised that all violent incidents had occurred around midnight or later, and the premises seemed to operate without incident during the day and evening.

 

In response to a question, it was advised that the venue was associated with a disproportionate number of violent incidents for a venue of its size. 

 

The Licensing Authority shared the concerns of the Police, commenting that the seriousness and frequency of violent incidents at the premises was not acceptable. The Licensing Authority considered that the conditions proposed by the applicant were not extensive enough and suggested that they would not be confident that the premises was being managed responsibly so long as the licensee and DPS were involved in the running of the premises.

 

The Health Authority considered that the premises had not been managed responsibly and noted that there was a high level of violence and drunkenness associated with the premises. There had been a significant number of ambulance call outs to the vicinity of the venue, with 84 call outs within 250 metres of the premises in the previous 12 months. The Health Authority supported the Police’s application for a review and suggested that, if the Sub-Committee was minded to retain the licence, then additional conditions restricting the use of glasses and glass bottles at the venue and restricting entry to those aged 21 and over would be appropriate.

 

Trading Standards reported concerns about underage patrons in the premises, suggesting that restricting entry to those aged 21 and over would be appropriate. It was suggested that an additional condition requiring the adoption of ‘Challenge 25’ and relevant training would be appropriate.

 

The Noise Team advised that the out of hours service had received intermittent calls related to the premises. The application for review was supported.

 

The licensee’s representative advised that Canas Y Tapas had ceased trading and heads of terms for the sale of the premises had been agreed on 26th January 2017. It was reported that the premises had been sold at a significant loss to the owner, who was unable to attend the meeting due to illness. It was advised that the premises was to be sold to Coral Trading Ltd, the owners of the neighbouring La Forchetta Ristorante. It was commented that the proposed owners were experienced restaurateurs and well known in the local area. It was advised that it was intended to operate the premises as a family-friendly Greek restaurant, and this was reflected in the proposed additional conditions submitted by the applicant. Given that Canas Y Tapas had ceased trading, the licensee’s representative contended that revoking the license would serve no purpose. The licensee’s representative also contended that it would not be appropriate for a family restaurant to have conditions to restrict entry to those aged 21 and over and restrict the use of glass.

 

The Committee queried, if the premises was to be operated as a restaurant, why there was not a condition to ensure that alcohol was only served with a substantial meal, served at a table by a waiter. In response, it was advised that the licensee and the proposed new owners would be agreeable to such a condition. 

 

In response to a question, the licensee’s representative confirmed that the licensee did not challenge the evidence presented by the Police and fully accepted responsibility for the inadequate management of the premises.

 

The responsible authorities summarised their positions. The Police commented that they had no objection in principle to a family-friendly restaurant operating at the premises, subject to appropriate conditions. The Licensing Authority commented that it had not yet received evidence of sale of the premises. Trading Standards suggested that revocation of the licence and submission of a new licence application would allow all matters to be fully considered. The Noise Team suggested that any restaurant would need to have appropriate restaurant conditions.

 

The licensee’s representative summarised his client’s position and contended that retaining the licence with the addition of appropriate restaurant conditions would be proportionate.

 

RESOLVED:

That the licence be modified to incorporate the conditions submitted by the licensee; and the following additional conditions:

 

1.            Mr Andrew Zacharia and Mr Parvez Bhatty to be removed from the involvement in management and day to day activities on the premises.

2.            No licensable activities to take place at the premises before the licensing authority has confirmed in writing that is has received satisfactory evidence of a sale of the premises to Coral Trading Limited.

3.            Alcohol shall only be served in conjunction with a substantial meal, served at a table by a waiter.

4.            No vertical drinking.

5.            No unaccompanied children under the age of 16 at any time.

 

REASONS FOR DECISION

 

The Sub-Committee gave serious consideration to a revocation or suspension of the licence, given the appalling incidents of violent disorder involving underage patrons at the premises late at night, and the failure of the existing DPS and owner to engage with the Responsible Authorities on matters of advice, specific incidents, or to comply with conditions.

 

The Sub-Committee listened to all the evidence and submissions and read all the material. It took into account the impending sale of the premises to an experienced operator (Coral Trading Limited) and the fact that the premises was no longer operating.

 

The Sub-Committee concluded that the public interest could be protected and the licensing objectives could be promoted by modifying the conditions on the licence to ensure that current management had no involvement in the premises at all and that the premises operated as a restaurant during core hours only. It also needed assurance that the sale to Coral Trading Limited would actually complete.

 

The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

 

The Sub-Committee formed the view that due to the developments outlined by the applicant’s representative and his acknowledgement of the existing problem, modifying the conditions of the licence was proportionate and appropriate to the licensing objectives and in the public interest. 

 

 

 

 

 

 

 

 

 

 

Supporting documents: