Greenwich Council

Agenda item

Jatra Cuisine (aka Hamro Chautari), 56 Plumstead High Street, Plumstead, London SE18 1SL

Application to review the existing Premises Licence

Decision:

Review of Premises Licence for Jatra Cuisine, 56 Plumstead High Street, Plumstead, London, SE18

 

In reaching its decision the Sub-Committee considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder and the Statutory Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub-Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all written representations and the evidence and submissions, the Sub-Committee:

 

1.    Revoked the Premises Licence held by Foodway Asia Ltd

 

2.    Imposed the Interim Step of the Suspension of the Premises Licence until the determination of any appeal against the decision of the Licensing Sub-Committee.  

 

The Sub-Committee’s decision was based on issues raised concerning crime and disorder, public safety, and prevention of public nuisance 

 

Basis for Decision

 

The Sub-Committee considered the application by the police for a Summary Review of the Premises Licence following violent events inside and outside the premises on 10th and 11th November 2018. The Sub-Committee had viewed the cctv footage provided by the police prior to the hearing.

 

The Summary Review, considered on 23rd November 2018, resulted in the premises licence being suspended until the full review hearing. The Sub-Committee noted that there were no representations from the premises licence holder against the imposition of the Interim Step to suspend the premises Licence.    

 

The Sub-Committee noted the reasons for the Interim Steps decision at pages 145 – 146 of the Agenda for the hearing. 

 

The Sub-Committee also gave due regard and consideration to the licensing history for the premises and modification of the licence conditions on 19th July 2018, following another police review because of breaches of the licence conditions, and inter alia, an assault of a customer, and evidence of the premises operating without a Designated Premises Supervisor (“DPS”) being in place.

 

The Sub-Committee heard from PC Balestrini on behalf of the police, who referred to the written representations included within the agenda papers and the cctv footage that the Sub-Committee had viewed. It was highlighted to the Sub-Committee that no staff from the premises called the police, this was done by an ambulance that was passing by and 2 licensing officers who happened to be observing the premises from a short distance. During the incident leading to the summary Review application, a knife was being waved around by a customer, people being strangled, and all of the participants were clearly drunk. The fight had started inside the premises, and the barman was videoing the fight instead of calling the police. On becoming aware of the police arraying the staff turned off the lights inside the premises and lowered the shutters.

 

The police submission was that they had lost all confidence in the management of the premises and the only option was to seek revocation of the premises licence, there had been no improvement since the review hearing on 19th July 2018.  

 

Submissions for Public health supported the police application and sought a revocation of the premises licence because the licence holder, Ms Limbu, as the sole director of Foodway Asia Ltd, was incapable and unfit to hold a licence.

 

The Sub-Committee then heard submissions from Mr Sahota, on behalf of the licence holder. Ms Limbu as the sole director of Foodway Asia Ltd was present. Mr Sohata has been the DPS for the premises since 6th September 2018. 

 

Mr Sahota submitted that the premises were operating under a Temporary Event Notice on 10th November 2018 and it was a festival event to celebrate the Nepalese new year. There was no food being served. Some of the customers were not the regular customers of Jatra Cuisine. Mr Sohota submitted that he had wanted to question the 2 licensing officers who were observing the premises on the date of the incident and why they had not called the police. It was submitted that staff had prevented the fight inside the premises and had tried to deal with it as best as they could. The manager of the premises, Jivan Sen could not see what was going on outside the premises and that Jatra could not be blamed for someone holding a knife.

 

Mr Sohata agreed that the premises had to manage much better, he had suggested to management that there should be door supervisors for the festival and who would have prevented what had taken place. Mr Sohata was unable to explain why the barman was watching and videoing the mass brawl and why drunk customers were being served alcohol. Mr Sahota, as the DPS was not present on the premises on 10th November 2018. The barman employed on 10th November 2018 had received no training.

 

The Sub-Committee then asked Ms Limbu what steps had been taken following the review hearing on 19th July 20918. Ms Limbu responded that she only speaks limited English. A gentleman who was attending with her then agreed to translate. Ms Limbu stated that she was doing her best to manage the restaurant safely and was “coming from time to time to see what they were doing”, and had ordered 2 staff to undertake training, one in the kitchen and one in the bar and what hours the premises should be open. Ms Limbu stated that Jivan Sen is the owner of the premises and is the manager.

 

In reaching its decision the Sub-Committee gave due regard to the unsatisfactory inspection visits to the premises during since 2018, alcohol being poured into the mouth of a customer, the level of drunkenness that could be seen when viewing the cctv footage and customers still being supplied with alcohol. It was noted that the premises were operating as a vertical drinking establishment on 10th November 2018 under the authority of a Temporary Event Notice, and that alcohol was not being served as ancillary to a substantial meal as would normally be required by a condition of the premises licence.   

 

The Sub-Committee concluded there could be no confidence in the licence holder, de facto Ms Limbu, the DPS and the owner, Jivan Sen, to manage the premises and uphold the licensing objectives or to comply with the premises licence conditions. The Sub-Committee was not satisfied that any steps had been taken by the management following the review hearing on 19th July 2018 to promote the licensing objectives and ensure public safety, and the prevention of public nuisance and prevention of crime and disorder.

 

The premises Licence is suspended until the time for appealing against the Sub-Committee’s decision has expired or any such appeal is determined.

 

The applicant for review, holder of the Premises Licence, or any other person who made relevant representations to the application may appeal against the Council’s decision to the Magistrates Court. Such an appeal must be submitted to the Magistrates Court within 21 days of the date stated in the covering email/letter accompany the Notice of Decision.

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