The Licensing Sub-Committee convened to discuss an application for a variation to a premises licence for Chickalicious, located at 17 Grainger Street in Newcastle upon Tyne. The committee decided to grant the application as amended and subject to conditions agreed upon with the Licensing Authority and Public Health.

Chickalicious, 17 Grainger Street - Application for a Variation to a Premises Licence Granted

The Licensing Sub-Committee considered an application for a variation to a premises licence for Chickalicious, a restaurant at 17 Grainger Street in the Monument Ward. The applicant, Chickalicious Ltd, sought to extend the terminal hour for late night refreshment from 1:00 AM to 3:00 AM daily.

The committee decided to grant the application as amended and subject to the agreed conditions.

The committee took into account the evidence presented, relevant parts of the council’s Statement of Licensing Policy, and guidance issued by the Secretary of State.

Arguments for granting the application

• Existing Operation: The committee noted that Chickalicious had been operating on Grainger Street for several years without any issues, complaints, or enforcement actions.
• Healthier Food Offering: The applicant, Mr Farooq, argued that his restaurant offered a healthier food selection compared to newer establishments on Newgate Street and the Bigg Market.
• Agreed Conditions: Mr Farooq agreed to several new conditions and revisions to existing ones to improve the licence, with assistance from TJR Licensing, a specialist licensing firm.
• Primarily Dine-In: While the premises would offer both dine-in and takeaway services, Mr Farooq clarified that the primary focus would be on dine-in, which has less potential for noise and nuisance.

Concerns raised by Northumbria Police

Ms Hebb, representing Northumbria Police, expressed concerns about the application for extended hours, particularly on Fridays and Saturdays, citing the location within a special stress area and the applicability of special policy 2 of the Statement of Licensing Policy. She argued that the committee needed to be satisfied that there were exceptional circumstances and that granting the application would not negatively impact the area.

Committee's Reasoning

The committee acknowledged the police's concerns but found the evidence to be generic and not specifically related to the premises. They were satisfied that the applicant had demonstrated that granting the application would not add to the negative cumulative impact in the area, citing the following factors:

• The premises had operated for a considerable time without issue.
• The applicant was prepared to accept conditions that would significantly improve the licence and reduce the originally sought hours.

The committee concluded that these factors, when combined, contributed to exceptionality, justifying a deviation from the Statement of Licensing Policy.

Conditions

The agreed conditions included:

• Late Night Refreshment Hours: Sunday to Thursday 11:00 PM - 1:00 AM, Friday & Saturday 11:00 PM - 3:00 AM.
• Risk Assessment: The operator and designated premises supervisor must conduct a risk assessment for the general operation of the premises.
• CCTV System: A CCTV system must be designed, installed, and maintained to the satisfaction of Northumbria Police, ensuring coverage of entrances, exits, and other areas as required. The system must provide continuous recording for each camera to a standard for identification, with recordings retained for a minimum of 28 days and made available to the police upon request.
• Panic Alarm System: A panic alarm system must be installed within the premises, linked to an accredited emergency contact centre capable of monitoring activations and coordinating an appropriate emergency response.
• Incident and Refusals Log: An incident and refusals log must be maintained on the premises to record incidents, refusals, drugs or illegal items recovered, crimes reported, ejections of patrons, incidents of disorder, and faults in the CCTV system.
• Staff Training: All relevant staff must receive training in their responsibilities under the Licensing Act 2003¹, including protection of children from harm, safeguarding, and vulnerability training.
• Litter Management Policy: A written litter management policy must be implemented to ensure the area to the front of the building is kept clear of litter at all times.
• Late Night Management Policy: A written late night management policy must be implemented for the premises relating to the operation of the premises after 11:00 PM, including staffing, monitoring, and general management both inside and outside the premises on a daily basis.
• Newcastle City Centre Premises Radio Scheme: The premises must participate in the Newcastle City Centre Premises Radio Scheme.
• Notices: Prominent, clear, legible notices must be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly.
• Patron Dispersal: Staff will encourage patrons to leave quietly and respect the interests of nearby noise-sensitive premises.
• Noise Control: No noise from within the premises associated with patrons shall be audible beyond the boundary of the premises so as to cause a nuisance to residents within the vicinity of the premises.
• Door Supervisors: On Friday, Saturday, and bank holidays, an SIA² registered door supervisor will be employed at the premises between 11:00 PM and 3:00 AM.
• Occupancy: Seated customer occupancy shall not exceed 40 persons to the ground floor restaurant. Customer occupancy shall not exceed 50 persons to the entirety of the ground floor restaurant.
• Staffing: The operator shall ensure that at all times when the premises are open for any licensable activity there is sufficient competent staff on duty at the premises for the purposes of fulfilling the terms and conditions of this premises licence.
• Liaison with Police: The management of the premises will liaise with Police on issues of local concern or disorder.
• Door Staff Risk Assessment: The use of door staff will be risk assessed on an ongoing basis by the Licence Holder of premises supervisor; save for Friday and Saturday and bank holiday evenings when a minimum of 1 SIA door supervisor shall be employed at the premises from 11:00 PM hours until closure. Where engaged, door staff shall be licensed by the Security Industry Authority.
• Operating Style: There will be no change to this operating style (restaurant with take away facility) without proper written notice to the Licensing Authority, which shall include details of the operating style proposed.
• Drug Policy: There shall be a zero tolerance policy in relation to drugs at the premises and there shall be regular checks by management to prevent the use of drugs by patrons. Drugs seized shall be stored securely and handed to the Police in accordance with the Statement of Licensing Policy Drugs and Spiking protocol.
• Refuse Disposal: No refuse shall be deposited in any skip, bin or other container of a like nature outside of the premises between the hours of 11:00 PM and 8:00 AM daily.
• Servery Hatch: The servery hatch to the premises will only be used for the external pavement cafe/restaurant area and will not be used for takeaway operation. The Servery hatch will not be used during licensable hours.