Agenda item

Soor Restaurant, Ground Floor, 361 Harrow Road W9

16/05751/LIPN

1.

Late Night Refreshment: Indoors

Monday to Saturday: 23:00 to 5:00

Amendments to application advised at hearing:

None.

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

Mr Al-Hairi (Agent representing Applicant Company) began by referring to concerns raised by residents about noise from extractor fans and cooking smells emanating from the premises. He expressed surprise that these issues had only been raised now, as the premises had operated as a restaurant for some time. Mr Al-Hairi stated that a petition had been raised in support of the application for later hours. He stated that the area had suffered from anti-social behaviour for a number of years and the situation had not improved. Rough sleeping and gambling occurred at the junction where the Prince of Wales Public House was located. Anti-social behaviour also occurred during Notting Hill Carnival, including at this year’s event. Mr Al-Hairi stated that as the application was to provide late night refreshments only and not alcohol, that it would actually help improve the area.

The Chairman asked how many staff would work on the premises and what training had they received to tackle anti-social or drunken behaviour from customers. He also enquired what hours the Applicant Company intended to provide takeaway.

In reply, Mr Al-Hairi stated that customers who had been drinking at other locations would be encouraged to eat food and non-alcoholic drinks which would help them sober up. The premises could also assist homeless people in the area by allowing them to stay under its canopy. There would be four to five staff on the premises, including a sous chef and three waiters, although not all staff would be fulltime. Mr Al-Hairi informed Members that all staff underwent an induction when they joined. He confirmed that no takeaway would be provided after 23:00. Mr Anil-Hairi then stated that he would like to amend the application for late night refreshment to cease at 03:00m Monday to Saturday. At this point, Mr Owojori (Presenting Officer) confirmed that he had not received a request from the Applicant Company to amend the terminal hour for late night refreshment to 03:00 Monday to Saturday.

Mr Drayan (Environmental Health) confirmed that he had visited the premises and had suggested some conditions to the Applicant Company. He added that he had no objection to the application in principle.

PC Lewis (Metropolitan Police) confirmed that he had met the Applicant Company the previous week, and they had indicated that they intended to amend the application so that the terminal hour for late night refreshment be 01:00 Monday to Saturday. PC Lewis had then discussed the possibility of earlier hours with the local Police Liaison Officer who had indicated that he would be satisfied with such a proposal. PC Lewis advised that Environmental Health and the Metropolitan Police had jointly made some suggested conditions, however they had not yet received a response from the Applicant Company. He commented that he did have some concerns about the area which experienced street drinking and people congregating in the streets. The later opening premises also tended to attract more people to the area.

Members noted that a terminal hour of 01:00 was beyond core hours and enquired why the Metropolitan Police would be satisfied with the premises providing late night refreshment up to this time.

In reply, PC Lewis stated that Sam’s Chicken, a nearby premises, operated until 01:00, and so he felt it would be reasonable to allow these premises to also operate until this hour.

At this point Mr Panto (Legal Adviser to the Sub-Committee) advised that the hours a local resident had quoted that Sam’s Chicken operated to in their representation was erroneous and in fact the terminal hour for late night refreshment was 00:00 Sunday to Wednesday and 01:00 Thursday to Saturday. This was confirmed by Mr Drayan who also stated that the Applicant Company had indicated that they wished to have the same terminal hour for late night refreshment as Sam’s Chicken. He added that the premises closed at 21:30 on Sunday.

Mr Drayan advised that he had discussed the proposed hours with Mr Al-Hairi. He stated that he had got the impression that Mr Al-Hairi would discuss the concerns raised in the discussion with the Applicant Company, however there had been no further response. As a result, Mr Drayan had subsequently visited the premises with the Metropolitan Police and the Licensing District Surveyor where they had met the owner of the premises. At this visit, the premises owner had stated that he would be satisfied to provide late night refreshment up until the same terminal hour as Sam’s Chicken. Mr Drayan stated that during the course of the visit, he had noted that the plans submitted with the application did not fully reflect the premises. The plans did not show the extensive primary cooking facilities and Mr Drayan advised that the plans needed to be amended to reflect this. He also recommended that a fire suppression system be located near the primary cooking facilities as there was no other escape route other than the front entrance. Mr Drayan advised that in respect of noise from the extractor fans, these would have been assessed when, or if, planning permission was sought. Members were informed that Environmental Health had received complaints from residents regarding cooking smells emanating from the premises. Mr Drayan advised that residents’ windows opened out into the road and this is why they would be disturbed by noises and cooking smells at night. He confirmed that he had not received any further response from the Applicant Company or Mr Al-Hairi since the visit.

The Chairman sought Mr Al-Hairi’s views with regard to the terminal hour for late night refreshment to be 01:00 Monday to Saturday. Another Member, in noting that free deliveries for takeaways were offered, enquired whether the Applicant Company would accept a condition that they use best endeavours to ensure that all takeaway deliveries were by bicycle, electric vehicles or by foot.

In reply, Mr Al-Hairi stated that a terminal hour of 01:00 for late night refreshment Monday to Saturday and a condition that the Applicant Company use best endeavours to ensure that all takeaway deliveries were by bicycle, electric vehicles or by foot were acceptable. He added that the premises own staff would carry out takeaway deliveries and not a third party, such as Deliveroo. Mr Al-Hairi also asserted in respect of the extractor fans that any construction that was made over ten years ago was permitted.

The Sub-Committee also considered the written representations Mr Abdul (Local Resident), Mr Midic (Local Resident), Ms Popovic (Local Resident), Mr Lazarcsik (Local Resident), Dr Borsci (Local Resident) and Mrs Borsci (Local Resident) who were not present at the hearing.

The Sub-Committee granted the application, subject to late night refreshment being permitted up to the core terminal hours (up to 23:30 Monday to Thursday and 00:00 Friday and Saturday), conditions as proposed by Environmental Health and the Police and to additional conditions that no deliveries shall take place to and from the premises between the closing of the premises until 07:00 and that the applicant use best endeavours to ensure that all takeaway deliveries were by foot, bicycle or electric vehicles.

In determining the application, the Sub-Committee acknowledged the concerns raised by residents in their representations and indicated that it was not satisfied that the Applicant Company had provided sufficient evidence that they could operate effectively to uphold the licensing objectives beyond core hours. There were some on-going issues regarding cooking smells and noise nuisance  which meant that it was not currently appropriate to grant a premises licence for late night refreshment beyond core hours. If these issues were satisfactorily resolved, a further application could be given further consideration. The Sub-Committee considered that the conditions to be added to the premises licence would help the premises licence holder uphold the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm). The Sub-Committee also requested that the applicant submit updated plans.

2.

Hours Premises are Open to the Public

Monday to Saturday: 09:00 to 05:00

Sunday: 12:00 to 21:00

Amendments to application advised at hearing:

None.

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

Granted, subject to conditions as set out below (see reasons for decision in Section 1).