Decision

Licensing Act 2003

Notice of Decision
 
PREMISES
GeTurkish
8 Station Road
Romford
RM2 6DA
 
 
APPLICANT
Mr Ruhul Amin
 
Details of requested
licensable activities
This application for a premises licence is
made by GeTurkish LTD under section 17 of the Licensing Act
2003.  The application was received by
Havering’s Licensing Authority on the 3 June 2025.
 
Details of the
application
 
The applicant applied for Late Night
refreshment from 23:00-02:00hrs seven days a week with opening
hours being from 11:00-02:00 hours each day.
 
The applicant has described the
premises as follows:
 
The premises is a fast-food takeaway
offering hot food and non-alcoholic beverages, such as kebabs,
burgers, and fries. It is located at 8 Station Road, Gidea Park,
RM2 6DA, in a busy area with high foot traffic, especially during
the evening and late night hours. The shop is situated near Gidea
Park Train Station, which operates until late at night, making it a
convenient stop for commuters and local residents seeking
late-night refreshment.
 
The premises features an open kitchen
where food is prepared in full view of customers. Orders are taken
over the counter, with food served directly to customers at the
counter.
For safety and security, the premises
is equipped with CCTV coverage both inside and outside the shop, as
well as adequate lighting to ensure a secure environment. The shop
is located in a well-populated residential and commercial area,
providing a safe and accessible setting for late-night operations.
Additionally, there is a designated area for waste disposal to
maintain cleanliness and prevent public nuisance.
 
Observations on the
application
 
The applicant acted in accordance
with regulations 25 and 26 of The Licensing Act 2003
(Premises licences and club premises certificates) Regulations
2005 relating to the advertising of the application further
to advertising.
 
 
 
Summary
 
There were no representations against
this application from interested persons.
 
There were 3 representations against
this application from responsible authorities; the Metropolitan
Police, Environmental Health and the Licensing Authority.
 
 
The Licensing Sub–Committee
acknowledges the irregularity of the announcement of the decision
by mistakenly granting the licence.  This position has been
resolved before the issuance of the determination in accordance
with Regulation 32 of The Licensing Act 2003 (Hearings) Regulations
2005.  For the purposes of clarity, the Sub-Committee has
concluded that the application should be refused as
set out in the decision below.
 
 
Determination for
the new premises licence
 
In reaching its
decision to REFUSE the application, the Licensing
Sub–Committee carefully considered the application, the
representations made by the Applicant, the Metropolitan Police,
Environmental Health and the Licensing Team. 
 
The Licensing
Sub-Committee took into consideration the Council’s Statement
of Licensing Policy, the Public Sector Equality Duty, the Home
Office guidance issued under section 182 of the Licensing Act 2003,
the Duties under the Crime and Disorder Act 1988 and the rights set
out in the Human Rights Act 1998.
 
The Licensing
Sub-Committee did consider seriously the following proposed
conditions that were discussed with the Metropolitan Police,
Environmental Health, Licensing and the Applicant regarding the
reduction in hours.  The additional
proposed conditions by Environmental Health were also accepted by
the applicant. 

 
However, the
Licensing Sub-Committee was not satisfied that the conditions went
far enough to promote the licensing objectives as there was no
proper researched consideration given to deliveries by the
applicant.  Furthermore, the Licensing
Sub-Committee offered the applicant the opportunity to provide an
explanation of his business model for example, the split between
deliveries and take-away business market research.  The applicant stated that he had not done any
research in this area but had asked his customers.  This was considered to be insufficient for the
purposes of knowing the extent of resources required for the
promotion of the licensing conditions.
 
For
information purposes the conditions that were agreed with the
Responsible Authorities are set out below:
 

1.   
All supplier deliveries are strictly
scheduled between the hours of 08.00-18.30 Monday-Saturday, with no
deliveries to the site on Sundays or Bank Holidays.

2.   
Staff are trained to minimise noise,
avoid idling engines, and manage waste and dispatches quietly and
respectfully.
 

3.   
 Delivery
drivers are not permitted to loiter near the premises, and
collection is managed efficiently to prevent disruption

4.   
 The premises
shall install and maintain a comprehensive digital colour CCTV
system. All public areas of the licensed premises, including all
public entry and exit points will be covered enabling facial
identification of every person entering in any light condition. The
CCTV cameras shall continually record whilst the premises are open
to the public and recordings shall be kept available for a minimum
of 31 days with date and time stamping. A staff member who is
conversant with the operation of the CCTV system shall be present
on the premises at all times when they are open to the public. This
staff member shall be able to show the Police or the Licensing
Authority recordings of the previous two days immediately when
requested.
 

5.  An
incident & refusals book shall be kept and maintained at the
premises and shall be made available for inspection by Police and
Council officers upon request.  The log shall record the
following: -
 

(a) All incidents of crimes &
disorder which take place within the venue.

(b) Any complaints received and the
outcome.

(c) Any faults with the CCTV
system.

(d) Any visit by a relevant authority or
emergency service.
 

6.   
Staff Training
Staff will receive training on all relevant licensing
matters (e.g. dealing with disorder, age checks,
safeguarding).
 

Training will be refreshed at least every
12 months

Records will be maintained and made
available for inspection
 

7.   
Child Protection
Children under 16 will be welcome only if accompanied
by an adult after 8pm.
 

8.   
Reduced operating hours:

Midnight - Sunday to Thursday

0100 hours - Friday and
Saturday
 
 
 
And, for the
following reasons:
 

1.   
The Licensing Sub-Committee noted that the Metropolitan Police,
Environmental Health and the Licensing Team made relevant
representations.  All expressed concerns
about the late hours of business to 2am.   Taking account of all the circumstances and
the conditions offered and agreed by the applicant, Licensing Vice
Chairs were not convinced that the applicant could properly adhere
to the licensing objectives.  The other
takeaway referenced by the applicant that had been granted a late
night licence was in a significantly different area so the
Licensing Sub-Committee considered it inappropriate to compare. The
Licensing Sub-Committee noted that there were no takeaways in Gidea
Park open beyond 11pm.
 

2.   
The Licensing Sub-Committee was sympathetic to the objections
raised by the responsible authorities that were carefully
considered.  These related to in the
main to Public Nuisance and the Prevention of Crime and Disorder
and the Protection of Children from Harm which the applicant failed
to demonstrate that he could properly promote.  The Licensing Sub-Committee did consider that
conditions were agreed between the responsible authorities and the
applicant but were not satisfied that they addressed the delivery
of food or the applicant’s capacity to manage this aspect of
the business due to limited resources.

3.   
The Licensing Sub-Committee also considered the applicant’s
willingness to reduce hours during the hearing to allay any fears
that the Police may have.  The Panel
considered the licencing policy, in particular, section 11, 12, 17
and 20.  In particular, the panel
considered 12.3 of the licensing policy where it states ‘The
above hours are a guide and each application will be considered on
it’s own merits.’  
However, the Licensing Sub-Committee has exceptionally decided to
depart from the recommended hours in the statement of licensing
policy.  The Licensing Sub Committee was
concerned that planning and licensing were misaligned and therefore
persuaded by 11.4 of the statement of Licensing Policy where it
states ‘For example, if there is a variance between the hours
given under the licence and those permitted by the planning
permission the earlier hours will apply.

4.   
The Licensing Sub-Committee noted that there were no
representations made by other persons including the local residents
or ward councillors. The Licensing Sub-Committee considered all
written and oral representations made by Metropolitan Police,
Environmental Health and the Licensing Team on the grounds of the
licensing objectives.  The Licensing
Sub-Committee was aware that it could not make any assumptions as
to any potential impact the requested application might have in
relation to the licensing objectives but must reach a decision
based on the evidence before it.  The
Licensing Sub-Committee was mindful that there was no evidence
presented which could show that granting the application would
undermine the licensing objectives. 
However, conversely the panel also considered that there was no
evidence in support of the application.

5.   
On the balance of probabilities, the Licensing Sub-Committee was
not satisfied that granting the application with the additional
agreed conditions, would promote the licensing objectives of
Prevention of Public Nuisance, Prevention of Crime and Disorder,
Protection of children from harm and public safety. 
 

6.   
The Licensing Sub-Committee also considered the relevant provisions
of the Human Rights Act 1998, namely:

 
Article 6 – The
right to a fair hearing
Article 8 – Respect
for private and family life
Article 1 – First
protocol – peaceful enjoyment of possessions                                       
                                                      
 
Right of Appeal
 
Any party who has
made a relevant representation may appeal to the Magistrates’
Court within 21 days of notification of the decision.
 
On appeal, the
Magistrates’ Court may:

1.         Dismiss
the appeal; or

2.        
Substitute the decision for another decision which could have been
made by the Sub Committee; or

3.         Remit
the case to the Sub Committee to dispose of it in accordance with
the direction of the Court; and

4.         Make an
order for costs as it sees fit.