Agenda item

Ground Floor, 65 Praed Street, W2 1NS (“The Premises”) 18/10659/LIPN

1.

Late Night Refreshment (Indoors)

Monday to Thursday: 23:00 to 02:00

Friday to Saturday: 23:00 to 03:00

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by Al Kababgi Limited (“the Applicant”) for a new licence in respect of Ground Floor, 65 Praed Street, W2 1NS.

The Presenting Officer provided an outline of the application to the Sub-Committee.  She confirmed that the Environmental Health Team and Metropolitan Police had maintained their representation on policy grounds and that there had been residential representations from four local residents. The Sub-Committee noted that the premises was not located in a cumulative impact area.

Mr Elmoniri (on behalf of the Applicant company) advised that this was an application for a new premises licence for Late Night Refreshment (on and off) the premises Monday to Thursday: 23:00 to 02:00 and Saturday and Sunday: 23:00 to 03:00.  The Sub-Committee heard that the premises intended to operate as a small take-away/restaurant with a capacity of approximately six people and that the majority of his business was to be conducted during the early hours of the morning as this was when customer demand for his food was at its premium.

Mr Elmoniri advised that since he had been prevented from selling hot food after 11pm he had not been able to make enough money to cover the premises’ rent.  He could not understand why selling hot food after 11pm was any different from selling cold food.  Mr Elmoniri further advised that he was willing to accept any arrangement that would allow him to sell hot food after 11pm, whether it be just on the premises or both on and off the premises.  He confirmed that he did not want to sell alcohol and that his customers did not use the table and chairs located outside of the premises.  After a brief discussion with the Sub-Committee regarding the use of the table and chairs Mr Elmoniri advised that he would remove the table and chairs with immediate effect.

Mr Dave Nevitt (Environmental Health) advised that Environmental Health had maintained their representation as the proposal was likely to increase the risk of Public Nuisance in the area.  He explained that the Council’s Licensing Policy differs between selling hot and cold food after 11pm as hot food was very much more attractive to people who had been out drinking during the evening.  Mr Nevitt referred to the premises plan and advised that it was only possible for a small number of customers to sit inside the premises so most of the hot food purchased would be for takeaway, which would cause noise nuisance from people and delivery vehicles in the immediate residential area. 

PC Adam Deweltz (Metropolitan Police) advised that the Police had maintained

their representation as the proposal to open until 2.00am or 3.00am was likely to increase the risk of crime and disorder in the area as the people visiting the premises were likely to be intoxicated with alcohol. 

The Sub-Committee advised that they wanted to help small businesses to be prosperous but that the business model should not just rely on selling hot takeaway food in the early hours of the morning to be successful.  The Sub-Committee noted that any deliveries made from the premises was achieved using an electric bicycle. 

In response to a question from Mr Barry Panto (Legal Adviser to the Licensing Sub-Committee), Mr Nevitt and PC Deweltz confirmed that takeaway delivery to a bona fide address was much more preferable than takeaway for immediate consumption in a residential area as this would prevent noise nuisance and crime and disorder in the immediate residential area.

The Sub-Committee carefully considered all the evidence, including the representations from those persons who had not attended the hearing, and decided to grant Late Night Refreshment (on and off) the premises Monday to Thursday: 23:00 to 00:00 and Saturday and Sunday 23:00 to 01:00 but restricted takeaway food to deliveries by electric bicycle only so there was no takeaway food to be sold in the immediate vicinity.  The Sub-Committee considered that this would prevent noise nuisance and crime and disorder in the immediate residential area. This would therefore be a proportionate response that would balance the concerns of the residential population with the desire of the applicant to bring in more revenue for his business.   

The Sub-Committee advised that the following condition would be added to the licence that made it clear that hot food could be sold for consumption on the premises and for deliveries only but not for consumption outside these premises or outside any other premises. The condition read as follows ‘There shall be no provision of late night refreshment for immediate consumption off the premises after 23:00 and the provision of late night refreshment for consumption off the premises after 23:00 will be restricted to the delivery of food and/or drink to a customer’s bona fide home or business address’.

2.

Hours premises are open to the public

Monday to Thursday: 10:00 to 02:00

Friday to Saturday: 10:00 to 03:00

Sunday: 12:00 to 22:00

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was granted for the same hours as the hours set out above for the provision of late night refreshment on Monday to Saturday, the reasons for the decision being detailed in section 1 above. The opening hours on a Sunday would be as set out in the application.