Greenwich Council

Agenda item

Kingsman Cafe & Restaurant - 2 Kingsman Parade, SE18

Application for a premises licence

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all the evidence put before it the Sub-Committee decided to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

Kingsman Café & Restaurant - 2 Kingsman Parade, Woolwich, SE18 5QE

 

as follows:

 

Hours for licensable activities:

 

the supply of alcohol shall be

 

Monday – Thursday

 12:00 – 21:30

Friday –Saturday

 11:00 – 22:30

 

The hours that the premises shall be open to the public shall be:

 

Monday - Thursday

07:00 – 22:00

Friday-Saturday

07:00 – 00:00

 

The licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set out below:

 

1             The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 shall be challenged to prove that they are over18 when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or Home Office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person. 

2             All staff shall be trained in the law about the sale of alcohol. Such training shall include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification; understanding acceptable forms of ID; and using the refusals register. Such training (including any refresher training) shall be logged and provided not less than every six months. The training log shall be made available for inspection by Police and authorised persons. 

 

3             A refusals log must be kept at the premises, and made immediately available on request to the police or an authorised person. The refusals log shall be inspected on a monthly basis by the DPS and noted in the log, and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:  

 

          a) the identity of the member of staff who refused the sale;

          b) the date and time of the refusal;

          c) the alcohol requested and reason for refusal;

          d) description of the person refused alcohol.

 

4             The following poster shall be displayed conspicuously on the premises in customer-facing areas:

‘Think 25’ or similar poster to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25 years of age.

 

5             The supply of alcohol shall only be made ancillary to a substantial meal.

 

6             The CCTV system shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises. The CCTV shall cover all licensable areas and recordings shall be stored for a minimum of thirty-one (31) days with date & time-stamping.  

 

7             All entry and exit points shall be covered enabling front-identification of every person entering in any light condition. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head & shoulders image of every person entering or leaving the premises. 

 

8             A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times the premises is open to the public. This staff member must be able to show a Police officer or authorised person recent data or footage with the absolute minimum of delay when requested. 

 

9             Patrons shall not be permitted to take drinks or glass containers outside the premises. This includes anyone who is permitted to temporarily leave the premises, i.e. to smoke.

 

10          There shall be no more than twenty-five (25) customers within the premises at any one time.

 

11          Signage requesting customers to respect local residents and leave the premises quietly shall be displayed at each exit.

 

12          Deliveries of goods to the premises shall only take place between 09:00 hours and 17:00 hours.

 

13          There shall be no filling, emptying or movement of refuse bins at the premises after 23:00 hours and before 07:00 each following day.

 

14          There shall be no admission to the premises of unsupervised children.

 

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

The Sub Committee’s decision was based on issues raised concerning Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm licensing objectives.

 

In reaching their decision the Sub-Committee considered representations from the applicant who stated that she was a personal licence holder and a DPS. She stated the residents had not been well informed nor did they appear to understand her business. She informed the Sub-Committee that she had leased the premises from RBG and had renovated the premises from savings of £80,000 that belonged to herself and husband’s.  She stated that her proposal was to operate a small restaurant where family and friends could meet in a quiet welcoming environment. The intention was to provide Bulgarian and English meals including healthy foods, salads and grills and to serve aperitifs and wine and beers. As a DPS she would ensure that there was a proper ID check, that there would be no under-age sale, and there would be adequate CCTV installation. The applicant wished to work with the community and to respect residents as she and her family also lived within the community (above the premises). The applicant informed the Sub-Committee that she had experience of running a business in the catering industry in Bulgaria. The Sub-Committee were persuaded that the applicant would manage the proposed café/restaurant like a well run family business where people could go to socialise.

 

The Sub-Committee also heard from Councillor Fahy who spoke on behalf of 8 objectors that were made up of local residents and business people. He said that he had no wish to undermine the success of the business however, there were concerns by objectors that patrons would want to smoke and take their drinks outside which would cause a disturbance to local residents. He said that the area was heavily residential and that there would be a disruption of peace and tranquillity and young people would be encouraged to congregate outside the premises. He said that the proposed weekend closing hours of the premises at 11.30pm was not conducive to improving the quality of life of residents. The Sub-Committee accepted the representations of Councillor Fahy.

 

The Sub-Committee also heard from a neighbouring business owner who (although he had requested that Councillor Fahy speak on his behalf) had asked to address the Sub-Committee separately. He said that his objection to the application was based on the fact that businesses which were already trading ought to be given ‘priorities’ and that the grant of a licence would increase anti-social behaviour such that drug taking would increase resulting in the area becoming less safe. The business owner stated that he had been responsible for organising the 97 template letters of objection from local residents and businesses that had been delivered to the council premises. The Sub-Committee placed no weight on the representations made by the business owner as it was based on anti-competition issues rather than the licensing objectives. The Sub-Committee considered and placed little weight on the 97(template) letters of objection that were submitted.

 

The Sub-Committee noted that Conditions 1 to 4 had been agreed with Trading Standards and Conditions 5 to 9 had been agreed with the Police who were satisfied that the agreed conditions would address the concerns regarding the licensing objectives of the prevention of crime and disorder and the protection of children from harm. There were no representations from Public Health. The Sub-Committee placed considerable weight on the conditions and agreement that had been reached.

 

The Sub-Committee noted that there were four Licensed premises in the vicinity some of which opened earlier and closed later than the hours applied for by the applicant. Councillor Fahy informed the Sub-Committee that there was only one licensed premises, Le’s Convenience Store & Off Licence that closed at 9.30pm. However, it was clarified that although the Licensed premises in question chose to close at 9.30pm they had the option to extend the closing hours to 11:00pm.

 

The Sub-Committee noted that the premise is not located within the Cumulative Impact Zone.

 

In considering the application, the Sub-Committee was particularly mindful of paragraph 11.3 of its Licensing Policy which states “The Royal Borough will deal with the issue of licensing hours on the individual merits of each application. However, when issuing a licence, stricter conditions will be expected with regard to noise control in the case of premises that are situated in areas that have a greater density of residential accommodation. This will particularly apply in circumstances where, having regard to size, and nature of the licensed premises, it is likely that disturbance will be caused to residents in the vicinity of the premises by concentrations of people leaving during normal night-time sleeping periods from 23:00hours to the following 07:00 hours”.

 

In reaching their decision, the Sub-Committee considered all the written representations and listened to the verbal representations and was minded to grant the premises licence subject to a reduction in the closing hours from 11.30pm to 10.30pm on Friday & Saturday. The Sub-Committee regarded a reduction in hours an appropriate measure to deal with the concerns raised by residents who were concerned of their sleep being interrupted by late closing hours and to promote the licensing objectives of the Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates’ Court.  Such an appeal must be submitted to the Magistrates’ Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

Minutes:

In Attendance:

 

Applicant:                       Mrs Tsanka Dyakova

 

Making representation:   Mr Mahmut Hirli, Mr Hirli Junior

Mr David Pendergast

Ms Jane Gardiner

Mr Sean Ruddy

Councillor John Fahy

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and that all parties were aware of their right to be represented. The Chair informed those present on the order of proceedings and noted that requests had been received from 8 residents and local businesses for Councillor John Fahy to represent them at the hearing.

 

The Sub-Committee considered an application made by Kingsman Café & restaurant – 2 Kingsman Parade, SE18

 

The Licensing Officer gave an illustrated introduction to the report.

 

In response to a questions from the Sub Committee, the Licensing Officer confirmed that the local Cumulative Impact Zone, which ended at John Wilson Street, was roughly a mile away from the Kingsman Café premises. He clarified that alcohol would be sold ancillary to a meal which is cooked and prepared on the premises and consumed with a knife and fork.

 

The Sub Committee was addressed by the applicant who confirmed she was an owner of a personal licence and would be the premises supervisor for the Kingsman Café. She stated that the residents who had made representation against her application had not been well informed and did not know the nature of the premises. She added that her leaseholder on the property was the Royal Borough of Greenwich and she had spent a lot of money to renovate the premises.

 

The applicant stated that the café would run as a family diner with a friendly atmosphere serving Bulgarian and English dishes. She added that customers would be served alcohol with their meals and that no drinks would be allowed off the premises. She stated that the application promoted the 4 licensing objectives and highlighted the conditions she had agreed with the Police Licensing team. She continued that she had respect for the local residents and her intention was to work with the local community confirming that she lived above the café and wanted a safe area. She read out a number of customer approvals.

 

In response to a questions from the Sub Committee, the applicant confirmed the premises had been operating for 2 weeks testing out dishes and sample soups. She added that the she had previous experience of the catering trade and had owned a restaurant and an off licence in Bulgaria.

 

The Sub Committee was addressed by Councillor John Fahy who confirmed that the residents who had made representation had asked for him to speak on their behalf. He advised that the residents did not want to undermine the business and generally viewed an operating business as a positive for the local area. He stated the main issue was with the extended licence as the other business operating in the area only sold alcohol until 9:30pm. He noted the recommendations proposed by the police and stated that the residents were concerned that customers would bring alcohol and smoke outside the premesis. He added the residents felt that the applicant had a lack of understanding of the area and that neighbourhood police had identified anti-social behaviour.

 

Councillor John Fahy stated the local area was highly dense and if 25 customers left the premises at closing this would cause noise disturbance. He added that young people congregate in the area at night time and cause disturbance. He advised the Sub Committee to consider the other issues in the area including drug dealing and stated the weekend hours were too late and not contusive to improving the local community.

 

The Sub Committee was addressed my Mr Hirli Junior who was the son of Mr Hirli owner of the Titanic Fish Bar located next door to the premises. He stated that although he requested Councillor John Fahy to represent his dad at the hearing he wanted to add some comments.

 

The Chair advised Mr Hirli Junior to ensure he did not repeat the same concerns as Councillor Fahy and to keep to the points raised in the initial representation.

 

Mr Hirli Junior confirmed that he was the author of the template letters and organised for them to be signed by the local residents. He stated the licensing authority should consider refusing the licence as it was impacting on the business of the Titanic Fish bar. He described the safety issues in the local area including: cases of rubbish being dumped, the use of class A drugs and the noise already being created by the current shops which the new premises would add to.

 

All parties, with the exception of the Legal Advisor and Committee Officer, withdrew to allow the Sub-Committee to deliberate at 7.10pm. All parties returned at 7.17pm.

 

The Chair informed those present of the decision of the Sub-Committee, and stated that the full details would be given in the formal decision notice.

 

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all the evidence put before it the Sub-Committee decided to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

Kingsman Café & Restaurant - 2 Kingsman Parade, Woolwich, SE18 5QE

 

as follows:

 

Hours for licensable activities:

 

the supply of alcohol shall be

 

Monday – Thursday

 12:00 – 21:30

Friday –Saturday

 11:00 – 22:30

 


 

 

The hours that the premises shall be open to the public shall be:

 

Monday - Thursday

07:00 – 22:00

Friday-Saturday

07:00 – 00:00

 

The licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set out below:

 

1             The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 shall be challenged to prove that they are over18 when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or Home Office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person. 

2             All staff shall be trained in the law about the sale of alcohol. Such training shall include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification; understanding acceptable forms of ID; and using the refusals register. Such training (including any refresher training) shall be logged and provided not less than every six months. The training log shall be made available for inspection by Police and authorised persons. 

 

3             A refusals log must be kept at the premises, and made immediately available on request to the police or an authorised person. The refusals log shall be inspected on a monthly basis by the DPS and noted in the log, and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:  

 

          a) the identity of the member of staff who refused the sale;

          b) the date and time of the refusal;

          c) the alcohol requested and reason for refusal;

          d) description of the person refused alcohol.

 

4             The following poster shall be displayed conspicuously on the premises in customer-facing areas:

‘Think 25’ or similar poster to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25 years of age.

 

5             The supply of alcohol shall only be made ancillary to a substantial meal.

 

6             The CCTV system shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises. The CCTV shall cover all licensable areas and recordings shall be stored for a minimum of thirty-one (31) days with date & time-stamping.  

 

7             All entry and exit points shall be covered enabling front-identification of every person entering in any light condition. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head & shoulders image of every person entering or leaving the premises. 

 

8             A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times the premises is open to the public. This staff member must be able to show a Police officer or authorised person recent data or footage with the absolute minimum of delay when requested. 

 

9             Patrons shall not be permitted to take drinks or glass containers outside the premises. This includes anyone who is permitted to temporarily leave the premises, i.e. to smoke.

 

10          There shall be no more than twenty-five (25) customers within the premises at any one time.

 

11          Signage requesting customers to respect local residents and leave the premises quietly shall be displayed at each exit.

 

12          Deliveries of goods to the premises shall only take place between 09:00 hours and 17:00 hours.

 

13          There shall be no filling, emptying or movement of refuse bins at the premises after 23:00 hours and before 07:00 each following day.

 

14          There shall be no admission to the premises of unsupervised children.

 

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

The Sub Committee’s decision was based on issues raised concerning Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm licensing objectives.

 

In reaching their decision the Sub-Committee considered representations from the applicant who stated that she was a personal licence holder and a DPS. She stated the residents had not been well informed nor did they appear to understand her business. She informed the Sub-Committee that she had leased the premises from RBG and had renovated the premises from savings of £80,000 that belonged to herself and husband’s.  She stated that her proposal was to operate a small restaurant where family and friends could meet in a quiet welcoming environment. The intention was to provide Bulgarian and English meals including healthy foods, salads and grills and to serve aperitifs and wine and beers. As a DPS she would ensure that there was a proper ID check, that there would be no under-age sale, and there would be adequate CCTV installation. The applicant wished to work with the community and to respect residents as she and her family also lived within the community (above the premises). The applicant informed the Sub-Committee that she had experience of running a business in the catering industry in Bulgaria. The Sub-Committee were persuaded that the applicant would manage the proposed café/restaurant like a well run family business where people could go to socialise.

 

The Sub-Committee also heard from Councillor Fahy who spoke on behalf of 8 objectors that were made up of local residents and business people. He said that he had no wish to undermine the success of the business however, there were concerns by objectors that patrons would want to smoke and take their drinks outside which would cause a disturbance to local residents. He said that the area was heavily residential and that there would be a disruption of peace and tranquillity and young people would be encouraged to congregate outside the premises. He said that the proposed weekend closing hours of the premises at 11.30pm was not conducive to improving the quality of life of residents. The Sub-Committee accepted the representations of Councillor Fahy.

 

The Sub-Committee also heard from a neighbouring business owner who (although he had requested that Councillor Fahy speak on his behalf) had asked to address the Sub-Committee separately. He said that his objection to the application was based on the fact that businesses which were already trading ought to be given ‘priorities’ and that the grant of a licence would increase anti-social behaviour such that drug taking would increase resulting in the area becoming less safe. The business owner stated that he had been responsible for organising the 97 template letters of objection from local residents and businesses that had been delivered to the council premises. The Sub-Committee placed no weight on the representations made by the business owner as it was based on anti-competition issues rather than the licensing objectives. The Sub-Committee considered and placed little weight on the 97(template) letters of objection that were submitted.

 

The Sub-Committee noted that Conditions 1 to 4 had been agreed with Trading Standards and Conditions 5 to 9 had been agreed with the Police who were satisfied that the agreed conditions would address the concerns regarding the licensing objectives of the prevention of crime and disorder and the protection of children from harm. There were no representations from Public Health. The Sub-Committee placed considerable weight on the conditions and agreement that had been reached.

 

The Sub-Committee noted that there were four Licensed premises in the vicinity some of which opened earlier and closed later than the hours applied for by the applicant. Councillor Fahy informed the Sub-Committee that there was only one licensed premises, Le’s Convenience Store & Off Licence that closed at 9.30pm. However, it was clarified that although the Licensed premises in question chose to close at 9.30pm they had the option to extend the closing hours to 11:00pm.

 

The Sub-Committee noted that the premise is not located within the Cumulative Impact Zone.

 

In considering the application, the Sub-Committee was particularly mindful of paragraph 11.3 of its Licensing Policy which states “The Royal Borough will deal with the issue of licensing hours on the individual merits of each application. However, when issuing a licence, stricter conditions will be expected with regard to noise control in the case of premises that are situated in areas that have a greater density of residential accommodation. This will particularly apply in circumstances where, having regard to size, and nature of the licensed premises, it is likely that disturbance will be caused to residents in the vicinity of the premises by concentrations of people leaving during normal night-time sleeping periods from 23:00hours to the following 07:00 hours”.

 

In reaching their decision, the Sub-Committee considered all the written representations and listened to the verbal representations and was minded to grant the premises licence subject to a reduction in the closing hours from 11.30pm to 10.30pm on Friday & Saturday. The Sub-Committee regarded a reduction in hours an appropriate measure to deal with the concerns raised by residents who were concerned of their sleep being interrupted by late closing hours and to promote the licensing objectives of the Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates’ Court.  Such an appeal must be submitted to the Magistrates’ Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

Supporting documents: