A new restaurant on Green Street, Forest Gate, Deccan Bahar, was scheduled to be considered for a new premises licence. The restaurant was the subject of two noise complaints from local residents. Separately, a Licensing Officer observed the business to be open after 23:00, despite not having a licence, and advised them to stop trading.

Application for a new premises licence - Deccan Bahar

Deccan Bahar was scheduled to be considered for a new premises licence, to allow it to serve late night refreshment every day between 23:00 - 02:00.

The restaurant is at 79 Green Street, Forest Gate, on a stretch of the road with several restaurants and shops, and with residential properties above it and on neighbouring properties.

The application was received by Newham Council on 21st August 2024, and was advertised locally.

The report pack contains representations from:

• Newham Council Commercial Environmental Health Team, objecting on the grounds of the licensing objective of Prevention of Public Nuisance, and submitting evidence of two recent complaints from local residents. The report quotes extensively from these complaints, including:

  “I Would like to bring into your notice that (79 green street E7 8JF) newly opened restaurant (Deccan Bahar) making too much noise late night everyday. Also highly affected street light . We are the (address redacted) too much disturbing during late time till 1am in the early morning" [^1]

  A visit by a Public Protection Officer to the restaurant is described, in which they advised the restaurant:

  that the chairs should be brought inside by 22:00 each day to avoid customers using them from causing a nuisance to local residents.[^2]

  [^1]: Taken from a letter from Newham Council's Commercial Environmental Health Team, included as Appendix C of the meeting pack. The letter contains redactions made by the Council under the Data Protection Act 2018. [^2]: Taken from a letter from Newham Council's Commercial Environmental Health Team, included as Appendix C of the meeting pack.

• Newham Council Licensing Enforcement Team, objecting on the grounds of Crime and Disorder, the Prevention of Public Nuisance, the Protection of Children from Harm and Public Safety. They note that they received a complaint from a resident about noise, litter and ASB, and observed the restaurant to be trading after 23:00, despite not having a licence to do so. They write:

  On the 9th September 2024 the Commercial Environmental Health Team sent a complaint to the Licensing Team, regarding the premises from a local resident which included noise, litter and ASB concerns and officers also stated the premises is trading after 2300hrs without a valid licence or temporary event notice in place. [^3]

  They also note that they observed four chairs outside the front of the restaurant, and that:

  no table & chairs application has been applied to use the public highway outside these premises.[^4]

  [^3]: Taken from a letter from Newham Council's Licensing Enforcement Team, included as Appendix D of the meeting pack. [^4]: Taken from a letter from Newham Council's Licensing Enforcement Team, included as Appendix D of the meeting pack.

• Local Resident, objecting on the grounds of Crime and Disorder and Prevention of Public Nuisance. These representations were not made public by Newham Council.

The Licensing Officer reminds the Sub-Committee that:

Where the Licensing Authority decides to impose conditions on a licence (whether in a CIZ or not), such conditions must be appropriate and proportionate for the promotion of the Licensing Objectives. Conditions should be clear and unequivocal. ¹

They add that the restaurant:

do[es] not fall within the CIZ. ²