The Licensing Sub Committee of Haringey Council scheduled a meeting to consider an application for a variation of a premises licence at Chez Nicky. The report pack included the application and objections from the council's Noise and Nuisance team and local residents. The sub-committee was to determine whether to grant, modify, or reject the application, keeping in mind the promotion of licensing objectives¹.

Chez Nicky, 295 West Green Road, London, N15

The sub-committee was scheduled to consider an application from Chez Nicky Ltd, for a variation of their premises licence at 295 West Green Road in Tottenham.

The application included a request to:

• Vary the layout to include the garden/rear area.
• Remove and amend some of the current conditions on the licence.
• Extend hours for late night refreshment.
• Extend hours for the sale of alcohol, for consumption both on and off the premises.
• Extend opening hours to the public.

Specifically, the application requested the following timings:

• Late Night Refreshment:
  • Sunday to Thursday 23:00 to 02:00
  • Friday to Saturday 23:00 to 03:00
  • Christmas Eve, Christmas Day, New Years' Eve and New Year's Day 23:00 to 03:00
• Sale of Alcohol:
  • Sunday to Thursday 11:00 to 02:00
  • Friday to Saturday 11:00 to 03:00
  • Christmas Eve, Christmas Day, New Years' Eve and New Year's Day 11:00 to 03:00
• Hours open to the public:
  • Sunday to Thursday 07:00 to 02:30
  • Friday to Saturday 07:00 to 03:30
  • Christmas Eve, Christmas Day, New Years' Eve and New Year's Day 07:00 to 03:30

The report pack noted that representations had been received from the Noise RA² and local residents.

Background

The report pack stated that Chez Nicky is located in a terrace of shops with residential properties above and to the rear. The existing licence restricts the use of the rear area, but the report pack claims that Mr Mampasi Lemba, director at Chez Nicky Ltd, has been using the rear area since the granting of the licence, operating a shisha lounge.

Planning permission had previously been granted for a single-story extension to the rear, but permission to operate as a restaurant was refused many years ago.

Objections

The report pack included correspondence from Craig Bellringer, Senior Noise and Nuisance Officer, stating that he had witnessed breaches of the current licence and had no faith in the management to uphold the four licensing objectives.

After further breaches to the licence witnessed by the Noise and Nuisance team. I have no faith in the management to uphold the four licencing objectives.

Mr Craig Bellringer cited instances of the premises being open and serving customers after hours, and residents reporting noise disturbances and people leaving the premises late at night. Mr Craig Bellringer recommended refusing the extension of hours and the inclusion of the rear area for licensable activities and suggested starting a review process of the current licence.

A representation from a resident, named only as BM, raised concerns about noise, previous licence breaches, and the use of the back area, claiming that the premises was being used as a party venue rather than a restaurant. BM also stated that a resident of 297 West Green Road was concerned about fire safety due to the passageway alongside the back area being a fire exit.

Another resident of West Green Road also objected, citing unbearable noise levels at night.

Applicant's position

Stewart Gibson, licence agent, acting on behalf of the applicant, requested further details regarding the alleged breaches of the licence.

The applicant stated that all staff responsible for selling alcohol would receive regular training in the Licensing Act 2003, and that written records of training would be retained and made available to the police and authorised officers.

The applicant also stated that any delivery of alcohol would only take place once recognised ID had been shown by the owner of the card used to make the initial online purchase.

The applicant stated that the use of the extended licensable area would not commence until soundproofing of the roof had taken place and been approved by the environmental health team, and that delivery drivers may only park outside the property for the purpose of collecting a completed food order.

Proposed removal of conditions

The applicant requested the removal of several conditions currently imposed on the licence, including:

• The requirement for two SIA³ registered door supervisors on Friday, Saturday and Sunday nights. The applicant proposed replacing this with a condition requiring a risk assessment to determine the need for SIA.
• The installation of a noise limiting device, arguing that it was not necessary as the premises does not offer regulated entertainment⁴ and only plays music through the TV.
• The hourly perimeter check by management on Friday, Saturday and Sunday nights.
• The condition that alcohol cannot be taken off the premises at any time, as the variation seeks to add off sales.
• The condition that there shall be no removal of alcohol from the premises after 01:00, as the variation seeks to include the delivery of alcohol with food deliveries up until the terminal hours applied for.
• The condition that the outside garden/rear area be closed to all patrons at all times, as the variation seeks to add this area to the licensable area for the premises.
• The condition that delivery (food only) can only be made to a domestic dwelling or place of business, to be removed.