Agenda item
Application by Babylon Palace Ltd for a variation of premises licence for Babylon Palace Ltd (89 Kenton Road Harrow HA3 0AN) pursuant to the provisions of the Licensing Act 2003
Decision:
That the application by Babylon Palace Ltd for a variation of premises licence for Babylon Palace Ltd (89 Kenton Road Harrow HA3 0AN) pursuant to the provisions of the Licensing Act 2003 Road be approved in accordance with all previously agreed conditions with amendments to the hours as follows and the following additional conditions to ensure the promotion of the licensing objectives particularly prevention of public nuisance and protection of public safety.
1. All licensable activity Monday to Sunday to cease at 2am, which is 30 minutes before closing.
2. That a scaled plan be submitted highlighting the shisha area separately from the restaurant area of the premises so that the total number of persons in the shisha lounge can be set by the Council’s public safety team and allocated accordingly.
Minutes:
The Senior Regulatory Services Officer informed the Sub Committee that an application by Babylon Palace Ltd for a variation of premises licence for Babylon Palace Ltd (89 Kenton Road Harrow HA3 0AN) had been received with relevant representations submitted by the Metropolitan Police, Trading Standards and Environmental Health. Subsequently representations from Environmental Health and Trading Standards had been withdrawn after reaching an agreement with the applicant over reduced hours and no amplified music to be played in external areas of the premises.
The Senior Regulatory Services Manager circulated a copy of the agreed conditions with Environmental Health and Trading Standards and the Sub Committee was briefly adjourned to enable all parties to view the agreed conditions.
The applicant was invited to make his representation and highlighted the following points:
· The business was busy late in the evening and he wished to capture a greater trade
· Due to an error he was previously operating later and wished to have similar hours again
· He did not intend to operate until 4am everyday but wished to have the flexibility to do so
· He had worked with departments and agreed conditions with environmental health and trading standards
· He currently operated in a way that meant complaints were not received and wold continue to do so
The following points were clarified following questions of the applicant:
· Shisha was the main source of income for the business and was carried out at the front of the premises with a complaint smoking shelter
· The applicant informed residents of any large parties that were due to take place at the premises
· Beverages were not allowed outside after 11pm in accordance with the licence and many customers would smoke shisha without drinking
· Lebanese food was served in the restaurant area and the shisha area although the shisha lounge provided approximately 80% of income
· Most customers arrived between 7.00pm and 10.30pm with the last re-entry being 11.30pm
· The applicant reported 30-50 customers could be in the shisha lounge at any one time depending on peaks in demand and was at least 25% of the premises, allowing space for large volumes of custom
· The applicant did not operate other forms of entertainment although permissible on the licence, he confirmed that this was part of the licence when transferred
· There was a variety of clientele however the applicant tended to refuse custom to groups of young persons and preferred to have a calmer crowd
· Enforcement action had previously taken place at the premises due to incorrect signage on shisha pipes which had subsequently been amended with staff being made fully aware of legislation
· The applicant had been advised to get the variation approved prior to apply for a change in planning conditions
· Door supervisors were required if selling alcohol after midnight although this rarely happened
The Police informed the Sub Committee that the licence had never permitted the sale of alcohol until 3.30am following the initial transfer of the licence. It was also highlighted that whilst the applicant was away, noise nuisance was observed and reiterated there objection and if granted it was felt that door supervisors would be required to promote the licensing objectives. It was also reported that there was an issue with planning regulations that would also need to be addressed in the future by the appropriate channels.
The applicant explained that there was one entrance into the premises to ensure numbers were controlled through refusing entrance to intoxicated persons or large groups of ‘rowdy’ people. The premises was situated on a busy road, which masked any noise emanating from the premises and did not have its own parking with customers using on street parking in the surrounding area.
During discussions, members queried why an application had been made that would vary the licence but breach planning conditions. The Legal Advisor explained that the planning conditions should have been explained to the applicant when adopting the 20 year lease and that the application had to be considered on its merits and that planning conditions were not relevant. He concluded that should planning conditions be breached, then the Council were entitled to take enforcement action. The applicant highlighted the shisha area for the sub committee and confirmed that coals were prepared in the kitchen. The applicant confirmed that when he took over the lease the premises was operating as a public house but held an A3 licence which enabled them to operate as a restaurant and shisha lounge. He concluded that he would like his hours extended as agreed with environmental health.
In summary the Police confirmed they were objecting to the application in whole, as well as 50 persons being in the shisha area being unacceptable. They highlighted that the noise of the premises was audible over traffic and that one of the owners was not always present.
RESOLVED:
That the application by Babylon Palace Ltd for a variation of premises licence for Babylon Palace Ltd (89 Kenton Road Harrow HA3 0AN) pursuant to the provisions of the Licensing Act 2003 Road be approved in accordance with all previously agreed conditions with amendments to the hours as follows and the following additional conditions to ensure promotion of the licensing objectives particularly prevention of public nuisance and protection of public safety.
1. All licensable activity Monday to Sunday cease at 2am, which is 30 minutes before closing.
2. That a scaled plan be submitted highlighting the shisha area separately from the restaurant area of the premises so that the number of persons in the shisha lounge can be set by the public safety and allocated accordingly.
Supporting documents:
- Babylon-coveringreport, item 5. PDF 45 KB
- Babylon-Application, item 5. PDF 95 KB
- Babylon-Prem_Licence_-_Details_Removed, item 5. PDF 94 KB
- Babylon-Plan, item 5. PDF 170 KB
- Babylon-Police_-_Representation, item 5. PDF 154 KB
- Babylon-Noise_Team_-_Representation, item 5. PDF 57 KB
- Babylon-Trading_Standards_-_Representation, item 5. PDF 68 KB