Agenda item
Application by Carla Alelia Da Silva Conceicao for a Premises Licence for 'Oforcado0 (31A Station Road, London, NW10 4UP) pursuant to the Licensing Act 2003
The application is for a premises licence for the sale of alcohol and to remain open from 08.00 until 23.00 Monday to Sunday and to provide regulated entertainment from 10.00 until 23.00 Monday to Sunday.
Decision:
The Chair welcomed the applicant and the objectors to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Jose Manuel Rocha
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for regulated entertainment from 10:00 hours until 23:00 hours, the sale of alcohol and opening hours from 08:00 hours until 23:00 daily. She continued that representations had been received from residents and the Police adding that the Police had since withdrawn their objections subject to conditions as set out in their letter dated 30 October 2009 and annexed to the report.
Objectors
Mr Peter Turner
Mr Turner a resident of the upper floor flat raised objections to the grant of a premises licence on the grounds that the area already had a number of similar establishments including night clubs. In addition to noise and disturbance from loud music and patrons until 03:00 hours the following morning, some of the clients of the night clubs were engaging in unhygienic practices to the detriment of residential amenities. Mr Turner added that to his knowledge, the use class of the premises was for A1 (shop) and that he was not aware that the use class had changed to A3 (restaurant). He expressed fears that if the application for a premises licence was granted there would be crowds spilling out on to the pavement, giving rise to increased unauthorised use of his recessed doorway at street level as a smoking area and increasing noise disturbances.
Applicant
Mrs Manuel Rocha speaking on behalf of her husband, the applicant stated that the application was for a small friendly cafe selling sandwiches and alcohol (wines and beers). She added that since commencement there had been no complaints from the Authorities and that the Police had withdrawn their objections subject to conditions which the applicant had indicated to agree. She clarified that the operation would not be a public house (pub) or a disco and that the fears expressed by the objector were unfounded.
In response to an enquiry from Councillor Farrell about the likely level of drunkenness the applicant stated that the operation would involve the sale of salads and tapas which were normally served with wine or beer in small quantities. Councillor Gupta sought guidance from the Environmental Health Officers on whether the smell of food into the objector’s flat needed addressing and after confirmation he asked the applicant how he proposed to deal with that. The applicant confirmed that he would install an extractor fan to the required standard to address that problem. He reiterated that he would be agreeable to all the conditions sought by the Police and that background music from a radio and not amplified music would be played.
At this point the applicant and the objectors were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered the submissions and representations made by the applicant and the objectors, the Sub-Committee determined;
That the application by Mr Jose Manuel Rocha for the grant of a premises licence for regulated entertainment from 10:00 hours until 23:00 hours, the sale of alcohol and opening hours from 08:00 hours until 23:00 daily be granted subject to conditions as agreed with the Police i.e.;
a. Open glass containers shall not be permitted outside the premises
b. Adoption and adherence of a “Challenge 21” policy
c. Maintenance of a refusal book and an incident book
d. Display of a copy of the premises licence summary including permitted licensable hours and activities, visible from the outside of each entrance to the premises.
e. Additional condition requiring the applicant to take reasonable steps to prevent customers from causing nuisance outside the premises.
In arriving at its decision, the Sub-Committee noted that there was insufficient evidence to justify a refusal of the application on grounds of public nuisance, crime and disorder particularly as the applicant had agreed to the conditions set by the Police. The Sub-Committee excluded the playing of recorded music from the licence since the applicant only wished to operate a TV or radio and a licence under the Licensing Act was not required for this.
Minutes:
The Chair welcomed the applicant and the objectors to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Jose Manuel Rocha
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for regulated entertainment from 10:00 hours until 23:00 hours, the sale of alcohol and opening hours from 08:00 hours until 23:00 daily. She continued that representations had been received from residents and the Police adding that the Police had since withdrawn their objections subject to conditions as set out in their letter dated 30 October 2009 and annexed to the report.
Objectors
Mr Peter Turner
Mr Turner a resident of the upper floor flat raised objections to the grant of a premises licence on the grounds that the area already had a number of similar establishments including night clubs. In addition to noise and disturbance from loud music and patrons until 03:00 hours the following morning, some of the clients of the night clubs were engaging in unhygienic practices to the detriment of residential amenities. Mr Turner added that to his knowledge, the use class of the premises was for A1 (shop) and that he was not aware that the use class had changed to A3 (restaurant). He expressed fears that if the application for a premises licence was granted there would be crowds spilling out on to the pavement, giving rise to increased unauthorised use of his recessed doorway at street level as a smoking area and increasing noise disturbances.
Applicant
Mrs Manuel Rocha speaking on behalf of her husband, the applicant stated that the application was for a small friendly cafe selling sandwiches and alcohol (wines and beers). She added that since commencement there had been no complaints from the Authorities and that the Police had withdrawn their objections subject to conditions which the applicant had indicated to agree. She clarified that the operation would not be a public house (pub) or a disco and that the fears expressed by the objector were unfounded.
In response to an enquiry from Councillor Farrell about the likely level of drunkenness the applicant stated that the operation would involve the sale of salads and tapas which were normally served with wine or beer in small quantities. Councillor Gupta sought guidance from the Environmental Health Officers on whether the smell of food into the objector’s flat needed addressing and after confirmation he asked the applicant how he proposed to deal with that. The applicant confirmed that he would install an extractor fan to the required standard to address that problem. He reiterated that he would be agreeable to all the conditions sought by the Police and that background music from a radio and not amplified music would be played.
At this point the applicant and the objectors were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered the submissions and representations made by the applicant and the objectors, the Sub-Committee determined;
That the application by Mr Jose Manuel Rocha for the grant of a premises licence for regulated entertainment from 10:00 hours until 23:00 hours, the sale of alcohol and opening hours from 08:00 hours until 23:00 daily be granted subject to conditions as agreed with the Police i.e.;
a. Open glass containers shall not be permitted outside the premises
b. Adoption and adherence of a “Challenge 21” policy
c. Maintenance of a refusal book and an incident book
d. Display of a copy of the premises licence summary including permitted licensable hours and activities, visible from the outside of each entrance to the premises.
e. Additional condition requiring the applicant to take reasonable steps to prevent customers from causing nuisance outside the premises.
In arriving at its decision, the Sub-Committee noted that there was insufficient evidence to justify a refusal of the application on grounds of public nuisance, crime and disorder particularly as the applicant had agreed to the conditions set by the Police. The Sub-Committee excluded the playing of recorded music from the licence since the applicant only wished to operate a TV or radio and a licence under the Licensing Act was not required for this.