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Licensing (2003 Act) Sub-Committee - Wednesday 20th November 2024 10.00 a.m.

November 20, 2024 View on council website  Watch video of meeting or read trancript
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Summary

The Licensing Sub-Committee granted a new premises licence to Mr Hameed Mohammad for Deccan Bahar Ltd at 79 Green Street in Forest Gate. The licence was granted with conditions sought by the responsible authorities, including a reduction in the licensable hours on weekdays, and a requirement that all staff undergo training on the four licensing objectives. Mr Mohammad was also instructed to ensure that his staff do not allow unaccompanied children under 16 years old to be on the premises after 22:00, and to take steps to protect the welfare of any vulnerable person on the premises.

Application

Deccan Bahar Ltd applied for a new premises licence to allow it to sell late night refreshment between the hours of 23:00 and 02:00 every day.

Objections

The Council's Licensing Enforcement Team and Commercial Environmental Health Team objected to the application, as did a local resident.

The Environmental Health team presented evidence including photographs and videos of noise nuisance caused by customers at the premises. In the video, recorded at 01:30 on 7 September 2024, customers are seen congregating outside the restaurant on Green Street.

“Hello we are getting very disturbed during late night from this restaurant, this restaurant recently open and running very late and people after eating food stating outside of the restaurant making so much noise, smoking drinking weed."

The Licensing Team stated that they had visited the premises twice in September 2024 and found it to be trading after 23:00 without a valid licence. The team also noted that there were four chairs outside the premises, which the staff member said were placed there by the owner. The Licensing Team advised the premises to take the chairs inside.

The local resident also submitted representations, including photographs, complaining about noise nuisance and antisocial behaviour from the premises, particularly late at night.

Applicant's response

Mr Mohammad stated that he was unaware that he needed a licence to operate late night refreshment. He said that since being told that a licence was needed by the responsible authorities, he had lodged his application. He also claimed that the video footage showing customers loitering outside his premises was likely to be of customers of neighbouring premises.

Regarding the chairs outside the premises, Mr Mohammad stated that they were for customers who were waiting for a table.

Initially that's what my plan was to keep the chairs for the waiting of the customers.

He stated that there was no waiting area inside.

When questioned about the noise from his customers, Mr Mohammad claimed that there are three or four other restaurants on Green Street, so he could not be certain that the noise was from his restaurant.

“What I tell you about that place, there are three or four restaurants leaving one or two shops. So mostly people, they just wait after the evening or before they eat, they go to restaurants. Some customers, they park in front of my restaurants and they go into the zoos. There's another restaurant after one shop after my restaurant.”

He stated that he would ask customers not to wait outside his restaurant.

“There's only one thing there, but I cannot make them wait outside my restaurant, keep making noises and disturbing the residents. That's what I can do.”

Decision

The Sub-Committee decided to grant the licence, but with a number of conditions.

These conditions included:

  • The premises will be cleared of all members of the public by 02:00.
  • Unaccompanied children under 16 years old will not be permitted to be on the premises after 22:00.
  • All access and egress doors and windows shall be kept closed except for access and egress.
  • A clear notice shall be displayed at every exit from the premises to instruct customers to respect the needs of local residents and leave the premises and the area quietly.
  • All third-party delivery drivers/riders shall be instructed to wait inside the premises and not to leave their engines running, to close car doors, and not to play loud music whilst outside the premises.
  • No tables or chairs are to be used outside the front of the premises without authorisation.
  • All staff, including the licensee, to undergo training on the four licensing objectives and the conditions attached to the licence. This training shall take place every 12 months.
  • The premises will be allowed to open until 00:00 from Sunday to Thursday, and until 02:00 on Friday and Saturday.

The Sub-Committee stated that they were minded to grant the licence because the applicant had demonstrated good endeavour and they had confidence that with the conditions attached to the licence, he would be a responsible premises licence holder.

The Chair noted that the Sub-Committee had read and viewed the evidence from the local resident who had not attended the hearing.

The Sub-Committee also noted that the responsible authorities had visited the premises four times between August and September 2024 and had found that there had been no complaints from residents since then.

The Licensing Team stated that there are four other premises on Green Street which are licensed to operate late night refreshment until at least 02:00.

Attendees

Documents