Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

The applicant and their representative addressed the sub-committee.  Members had questions for the applicant and their representative.

The officer representing licensing as a responsible authority addressed the sub-committee.  Members had questions for the licensing responsible authority officer.

The Metropolitan Police Service officer addressed the sub-committee.  Members had questions for the police officer.

It was noted that the environmental protection officer had conciliated prior to the hearing.

All parties were given up to five minutes for summing up.

The meeting adjourned at 12.23pm for the sub-committee to consider its decision.

The meeting reconvened at 1.12pm and the chair advised everyone of the decision.

RESOLVED:

That the application made by Fathi Eskander for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Ahwaz, 249 Old Kent Road, London SE1 5LU be granted as follows:

1.  Supply of late night refreshment for consumption on and off the premises:

·  Monday to Sunday: 23:00 to 03:00

2.  Opening hours:

·  Monday to Saturday: 23:00 to 03:00

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form, conditions agreed during conciliation and the following additional conditions as agreed by the licensing sub-committee:

1.  That this licence shall not take effect until an acceptable dispersal policy has been submitted to the licensing department.

2.  That the premises shall regularly clear the outdoor area of rubbish.

Reasons

On 4 October 2021 Mr Fathi Eskander applied under Section 17 of the Licensing Act 2003 for a new premises licence in respect of the premises known as Ahwaz, 249 Old Kent Road, London SE1 5LU.

The applicant confirmed the premises were seeking a licence to supply hot Lebanese food and drinks until 03:00. They did not seek a licence to supply alcohol. The premises has been operating for four years and has been getting increasing demand from their customers to supply refreshment past 23:00. It is located close to a coach parking bay and many long distance drivers stop there in order to rest, eat and obtain a hot drink, sometimes with their passengers. There is also free on-street parking from 19:00, which other late-night drivers seeking refreshment make use of.

The premises can accommodate 20 people at present but the applicant is intending to refurbish to increase this and create a welcoming restaurant. Until the refurbishment is complete, the applicant could not be certain how many people he will then be able to accommodate but he expects it will be between 40 to 55. In the four years the premises has been operating, there have been no concerns with the police, they have established a strong customer base and have been rated 5 in all three hygiene inspections.

There is a garden at the back of the property but this contains a large shed that is used to store spare tables and chairs. The garden is not open to customers, even to smoke, and it will remain closed after the renovations.

The sub-committee heard from a representative of the licensing authority that Southwark’s statement of licensing policy (SOLP) 2021-2026 suggests a closing time of 23:00 for premises in residential areas and that takeaways are not appropriate for such areas. Furthermore, the premises have not supplied a dispersal policy despite conciliating a condition in respect of one.

The Metropolitan Police Service also made representations in respect of the proposed hours being outside of the suggested hours within the SOLP. They raised concerns in respect of whether the premises will permit patrons to bring their own alcohol, drinking late into the night and causing noise, nuisance and possible crime and disorder.

The applicant clarified that they do not currently permit customers to bring their own alcohol to the premises and have no plans to change this. The sub-committee noted the premises agreed to create an internal policy to reflect this. A condition requiring the premises to submit an acceptable dispersal policy before the licence takes effect would assist with preventing noise, nuisance, crime and disorder late at night. It was also noted that the premises has conciliated a condition that an SIA registered security guard shall be employed to screen customer entry to the premises between 00:00 and the closing time of the premises on Thursday to Sunday.

The sub-committee noted that the environmental protection team had withdrawn their objection after extensive conditions were conciliated along with a local ward councillor. The applicant committed to not using single use plastics and demonstrated the cardboard packaging that is used instead. It was also noted the premises stated they clear rubbish from the front of the premises every two hours. 

The applicant referred to a nearby premises which has a licence to provide late night refreshment until 04:00 on Fridays and Saturdays. The sub-committee made clear that each application is judged on its own merits and the licence referred to is a historic one and pre-dates Southwark’s statement of licensing policies.

The sub-committee considered there to be a unique set of circumstances for this premises. It had been in business for four years without any issues, no residences are nearby and there is sufficient parking to ensure visitors won’t park on residential roads. No objections have been received from residents and a comprehensive suite of conditions have been conciliated.

The premises has never permitted residents to bring their own alcohol before and there is nothing to suggest they will now. The target customer that gave rise to this application is long-distance drivers who would not be consuming alcohol in any event. It is recommended that the premises stop preparing food for people eating in after 02:30 in order to ensure customers have sufficient time to consume their purchases before the premises closes at 03:00. It is on this basis that the application was granted.

In reaching this decision, the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights.

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desires to contend:

a)  That the licence ought not to have been granted; or

b)  That, on granting the licence, the licensing authority ought not to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.