The licensing officer advised that the planning implications detailed on page 12 of the report related to an earlier planning consent. A subsequent consent had been granted to permit the premises to open between the hours of 8.00am and midnight Monday to Saturday. It was advised that these hours were not compatible with the licensing application, which sought a licence for the provision of late night refreshment Monday to Sunday from 23:00 to 03:00.
The licensing officer advised that an out of hours visit had been conducted and the premises appeared to be serving customers after 23:00 without a licence. This resulted in a warning letter being issued.
The licensing officer advised that the
applicant had submitted a detailed letter responding to the
representations made in objection to the application. This had been
circulated to the Sub-Committee and interested parties. This letter
stated that the applicant wished to amend the application hours to
Monday to Thursday from 23:00 to midnight, Friday and Saturday from
23:00 to 02:00, and Sunday and Bank Holidays from 23:00 to
midnight. The licensing officer advised that one local resident had
responded to this letter, advising that they maintained their
objection to the application.
The licensing authority confirmed that out of hours visits were conducted on 7 June at 23:46 and 23 August at 00:23 and on both occasions the premises appeared to be open. The premises did not have a licence to provide late night refreshment and therefore should cease trading at 23:00. It was advised that the applicant had admitted to trading after 23:00 and this indicated that the premises was not well managed.
The licensing authority noted that the application sought the provision of late night refreshment until 03:00 however the premises’ planning permission only permitted the premises to be open until midnight. It was advised that the council’s Licensing Policy requires that applicants should have the relevant planning permissions before submitting a licensing application and this had not happened in this instance.
The Sub-Committee noted that representations from interested parties referenced loud noises from an extractor fan and asked if this had been investigated by officers. In response, the licensing officer advised that this would be a matter for the Noise Team.
The interested parties addressed the Sub-Committee and advised that they had a good relationship with the applicant. The interested parties commented that there were loud noises from an extractor fan in the vicinity of the premises, however the interested parties acknowledged that the noise may originate from a neighbouring property. The interested parties advised that there were issues related to drug taking and drunkenness in the area and residents were concerned that these issues could be exacerbated by the provision of late night refreshment. It was also advised that the pavement outside of the premises was narrow and was sometimes blocked by fast food delivery drivers congregating outside of the premises. The congregation of delivery drivers on mopeds was a source of noise nuisance.
In response to questions from the Sub-Committee, the interested parties advised that the noise from the extractor fan had worsened in recent years and they had previously engaged with the local authority on this issue.
The applicant advised that the economic situation presented a very challenging environment for his business and he wished to trade later into the evening to generate additional revenue.
In response to a question, the applicant advised that his extractor fan was regularly cleaned and serviced by a specialist engineer. The applicant advised that another resident had complained about extractor fan noise directly to the premises and on that occasion it was concluded that the noise originated from a nearby property.
In response to a question, the applicant stated that he was unaware of the need to apply for planning consent separately to applying for a licence. It was also advised that the premises may have been open beyond midnight on occasion, however this would have been to clean the premises and to allow customers to finish their meals before leaving the premises.
In summary, the licensing authority expressed concern that the applicant did not appear to understand the difference between the planning and licensing regulatory regimes. The interested parties reiterated concerns about noise nuisance.
That the application for a new premises licence in respect of
Sunlight Kebab, 177 Blackstock Road, N5
2LL be granted to allow the provision of late night refreshment
Monday to Saturday 23:00 to midnight, except bank
b) The conditions detailed in Appendix 3 on pages 48 and 49 of the agenda pack shall be applied to the licence, with the deletion of Police Condition 2(g), which relates to the sale of alcohol and is not relevant in this instance.
REASONS FOR DECISION:
The Sub-Committee listened to all the evidence and submissions and read all the material. 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 Licensing Sub-Committee noted that the premises were not in a Cumulative Impact Area. The Licensing Sub-Committee also noted the planning permission conditions attached to the premises.
The Licensing Sub-Committee noted the representations from local residents and that the conditions proposed by the Police and the Noise Service were agreed by the applicant.
The applicant advised that he was making the application because of increased competition and business was down. The applicant advised that he regularly arranged for the extractor fan to be cleaned and the Sub-Committee noted that the applicant had put in a written response to the representations from interested parties and had a good relationship with local residents.
The Sub-Committee had some concern about the management of the premises in light of the out of hours operation that had been observed by licensing officers. However, as the applicant had accepted the conditions proposed by the Responsible Authorities, the Licensing Sub-Committee decided it was reasonable and proportionate to grant the application. In considering the terminal hour for Monday to Saturday, the Licensing Sub-Committee referred to Licensing Policies 1 and 6. In accordance with Licensing Policy 1, the terminal hour of midnight was in line with planning permission currently in place and no grant was made for Sunday or Bank Holidays as the applicant did not have planning permission in place. The hours agreed by the Licensing Sub-Committee were within the framework hours set out in Licensing Policy 6.
The Licensing Sub-Committee was satisfied that the agreed conditions were reasonable and proportionate and the licensing objectives would be promoted. The Sub-Committee noted in particular that the conditions would promote the licensing objective to prevent public nuisance, and in line with Licensing Policy 21, would address the concerns raised by the Noise Service and local residents.