Decision

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of the licensing objectives:

·  The prevention of crime and disorder

·  Public safety

·  Prevention of public nuisance

·  The protection of children from harm

the application for a premises licence has been approved in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

The hours of licensable activity:

Late Night Refreshment:

Friday    23:00 - 01:00

Saturday    23:00 - 01:00

Opening hours

Monday    11:00 - 23:00

Tuesday  11:00 - 23:00

Wednesday  11:00 - 23:00

Thursday  11:00 - 23:00

Friday    11:00 - 01:00

Saturday    11:00 - 01:00

Sunday   11:00 - 22:30

And the following conditions to be added to the licence:

·  No delivery service is permitted after 23:00.

·  The Premises Licence Holder to submit a Dispersal Policy to the Licensing Authority and the Police which is to be available on request by an authorised officer.

·  The Premises Licence Holder to submit a Driver Management Plan for deliveries with the Licensing Authority and the Police.

·  The Premises Licence holder shall maintain and put on display a dedicated contact telephone number and email address that must be available at all times to any person wishing to report concerns or make a complaint. These contact details shall be included on any website of the premises and on display at the premises.

·  The Licensee shall ensure that all relevant staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. The procedure for handling and preparing for disposal of the waste shall be in writing and displayed in a prominent place where it can be referred to at all times by staff.

·  The Licensee shall ensure that any contract for general and recyclable waste disposal shall be appropriate in size to the amount of waste produced by the business. The Licensee shall maintain an adequate supply of waste receptacles provided by his registered waste carrier (refuse sacks or commercial waste bins) in order to ensure all refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.

·  The Licensee’s premises are situated in an area within which refuse may only be left on the public highway at certain times (time bands). If the Licensee’s waste carrier cannot or does not comply by collecting the refuse within an hour after the close of any time band imposed by the waste authority, the Licensee must remove the refuse from the public highway and/or keep it within the premises until such time as his/her waste carrier arrives to collect the refuse.

·  The Licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any litter, bottles and glasses emanating from the premises. A final check should be made at close of business.

·  The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacle being carefully placed so as not to cause an obstruction or trip.

·  The current trade waste agreement/duty of care waste transfer document shall be conspicuously displayed and maintained in the window of the premises where it can be conveniently seen and read by persons standing in Buns and Roosters. This should remain unobstructed at all times and should clearly identify:-

·  the name of the registered waste carrier

·  the date of commencement of trade waste contract

·  the date of expiry of trade waste contract

·  the days and times of collection

·  the type of waste including the European Waste Code

Reasons for the decision

The application for a premises licence for late night refreshment has been approved, as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.

The Sub-Committee took into consideration that the Responsible Authorities (the Licensing Authority, the Metropolitan Police Service (“the Police”) and the Environmental Enforcement Team) made representations on the grounds of the prevention of public nuisance. The Sub-Committee noted that the Applicant agreed to the Environmental Enforcement and the Police conditions. It was noted that Environmental Enforcement withdrew their objection before the hearing and no other Responsible Authorities made representations. It was also noted that no local residents made representations.

The Sub-Committee heard that the Responsible Authorities had concerns about the hours of operation which was considered too late and the impact it would have on local residents late at night

The Sub-Committee heard representations from the Applicant that alcohol would not be served, the premises was takeaway only and was small. The Applicant contended that the premises would not negatively impact the area.

The Sub-Committee took into consideration the above conditions including no delivery services and the reduced hours that they felt would limit the impact on local residents. The Sub-Committee took into account that the reduced hours on Fridays and Saturdays 23:00 to 01:00 were acceptable to the Police and the Licensing Authority.

The Sub-Committee felt that the Applicant needed to demonstrate that they could comply with the conditions on their premises licence.

Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting this premises licence, the licensing objectives would not be undermined.

Public Informative

The Premises Licence holder is encouraged to work with the local residents to deal with any issues arising relating to noise nuisance.

The Premises Licence Holder is further reminded of the need to operate the premises according to any current planning permission relating to its use class and conditions

It also should be noted for the public record that the Local Planning Authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.

The Premises Licence holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers, and recyclable materials to avoid using single-use plastic items to prevent litter and to protect the environment.