Agenda item
Application by Neza Muddin Aslami and Salahuddin Sultani for a Premises Licence for 'Favourite Chicken & Ribs' (73 Kilburn High Road, London, NW6 6HY) pursuant to the Licensing Act 2003.
The application for a Premises Licence is to be permitted to sell late night refreshments from 23.00 until 01.00 the following day to Sunday to Wednesday, until 02.00 the following day Thursday and until 04.00 the following day Friday and Saturday.
Minutes:
Responsible Authority Making a Representation
PC Nicola McDonald (Brent Police)
Applicant
Neza Muddin Aslami and Salahuddin Sultani (Applicants)
Linda Legister (Health Safety and Licensing Officer) introduced the matter and drew Members’ attention to the applicant’s requests as set out in the report.
Responsible Authority Making a Representation
PC Nicola McDonald stated that she had originally requested a number of conditions regarding the application, however since being informed of a breach of licensing regulations following a visit by Health Safety and Licensing Officers on 3rd July 2009, after the application had been made, she was now requesting that the application be refused. PC Nicola McDonald stated that she had earlier witnessed the applicant selling hot food at 00.45 on 24th May 2009, in breach of the licensing regulations. The further breach reported on the 3rd July 2009 also involved selling of hot food after permitted hours, in this instance, at 23.20. PC Nicola McDonald felt that in view of the 2 breaches of licensing regulations, that applicant could not be relied upon to uphold the licensing objectives and therefore the application should be refused. If Members were minded to grant the application, PC Nicola McDonald requested that hours only be extended to 00.00 and that conditions be attached to the licence as set out in her written representation.
The Chair enquired if the applicant had agreed to the conditions requested by the police and whether it was thought that these premises were contributing to anti-social activities in Kilburn High Road.
In reply, PC Nicola McDonald confirmed that the conditions requested had not been agreed with the applicant, and although there was no direct evidence that the premises added to anti-social activities, such activities occurred frequently in Kilburn High Road and as the applicant had already shown to not be complying with licensing regulations that this should be taken into account when considering the application.
Case for the Applicant
Neza Muddin Aslami (Applicant) asserted that Health Safety and Officers visited the premises at 23.08 on the 3rd July 2009, that there were no customers present and that the lights had been turned off. He also stated that when he took over the premises he was under the impression that it already had a premise licence.
In reply to queries from Members, Neza Muddin Aslami indicated that he would be willing to comply with all the conditions as set out in the police’s representation, adding that CCTV was already installed. The Sub-Committee also heard that the Head Office was responsible for staff training.
Decision
At this point, the applicant and the responsible authority were asked to leave the room to allow the Sub-Committee to discuss the relevant issues concerning the application.
Having considered the views of the applicant, the applicant’s representative and the responsible authority, the Sub-Committee determined:-
that the application by Neza Muddin Aslami and Salahuddin for a Premises Licence for ‘Favourite Chicken & Ribs’ (73 Kilburn High Road, London, NW6 6HY) pursuant to the Licensing Act 2003 be granted subject to conditions.
(i) that the following hours for the provision of licensable activities be agreed:-
to be permitted to remain open for late night refreshment until 00.00 Sunday to Thursday and until 01.00 the following day Friday and Saturday
(ii) that the following conditions be attached to the premises licence:-
conditions relating to CCTV, capacity limit for premises, operating hours to be displayed on the premises, security measures, access, prevention of nuisance, litter and customers leaving the premises as set out in the police’s representation.
The Sub-Committee did not feel that there was sufficient evidence of crime and disorder associated with the premises, however it acknowledged that the applicant had breached licensing regulations and therefore reduced the extended hours applied for and added the conditions to the licence as set out by the police to address these concerns and also because the applicant had indicated that they would accept the conditions.