The Licensing (2003 Act) Sub-Committee of Newham Council is scheduled to consider a new premises licence application for R3 Restaurant. The committee will review the application and any representations made by responsible authorities and interested parties.

R3 Restaurant, 88-90 Leytonstone Road, E15 1TQ

The primary item for discussion is an application to grant a new premises licence for R3 Restaurant, located at 88-90 Leytonstone Road, E15 1TQ, in the Forest Gate North ward. The applicant, Klaudia Ciecielag, trading as U MAXIMA, is seeking to operate the premises as a bar and club.

The proposed licensable activities include the sale of alcohol for consumption on the premises, and the playing of recorded music and performance of dance. These activities are requested for Fridays and Saturdays, from 20:00 until 02:00 the following day.

The application has attracted representations from several council departments, raising concerns related to the licensing objectives.

The Council Licensing Team, acting as a responsible authority, has made representations on the grounds of Crime and Disorder and The Prevention of Public Nuisance. They note that the area has been the focus of efforts to reduce anti-social activities and express concern that the application, as submitted, does not adequately address potential issues, particularly regarding the smoking area and staff training. They also highlight that no food will be provided during the proposed licensable hours, suggesting a nightclub operation that may require more robust conditions. The team is objecting to the application in its entirety unless further conditions are met, stating, The Licensing Authority would like the applicant to demonstrate to the licensing Sub-Committee that the grant of a new licence in this problematic area will not undermine one or more of the 4 licensing objectives. ¹

The Council's Commercial Environmental Health team has also made a representation concerning The Prevention of Public Nuisance. They are concerned about the potential for noise and nuisance from customers leaving the premises late at night, especially given the proximity of residential properties. They note that the application does not detail how noise and nuisance from customer dispersal will be minimised, nor how anti-social behaviour such as urinating outside or playing loud car radios will be prevented. The team also seeks assurances regarding the management of the smoking area and litter. They propose that if a licence is granted, a noise limiter should be set at a level agreed with them and fitted with tamper-proof seals.

The Council's Planning and Development team has also made a representation on the grounds of the prevention of public nuisance and the prevention of crime and disorder. Their representation highlights that the premises has been subject to formal enforcement action for a material change of use to a drinking establishment without planning permission. An Enforcement Notice was issued in April 2017, which was upheld on appeal. The Planning Inspectorate noted that the current use was harmful due to unacceptable levels of noise and disturbance; harmful to the health and quality of life of nearby residents; harmful in relation to conserving or enhancing the local environment; harmful due to the introduction of a 'bad neighbour' use and harmful to the general amenities of the locality. ² The Planning team maintains that granting a premises licence for the proposed activities, particularly operating until 02:00, would conflict with these findings and could lead to public nuisance. They also point out that continued operation as a drinking establishment in contravention of an Enforcement Notice is a criminal offence, which would undermine the objective of preventing crime and disorder.

The report pack includes the application form for the premises licence, along with appendices detailing the representations from the Licensing Team (Appendix B), Commercial Environmental Health (Appendix C), and Planning Enforcement (Appendix D). It also includes the current suspended licence for R3 Lounge Ltd (Appendix E) and plans of the premises and the surrounding area (Appendices F and G).