Greenwich Council

Decision details.

Favorite Chicken & Ribs, 13 Blackheath Hill, London, SE10 8PE

Decision Maker: Licensing Sub-Committee A

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Favorite Chicken & Ribs, 13 Blackheath Hill, London, SE10 8PB

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 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 the application, and all written and oral submissions, the Licensing Sub-Committee decided to refuse the variation application for the extension of hours from 02:00 hours until 04:00 hours for the provision of late night refreshment Monday to Sunday.

 

The Sub Committee heard representations from Mr Keith Manchanda, representative for the Applicant.  Mr. Manchanda explained that the variation had been applied for to keep up with local competition, and the finance accrued from the extended opening hours was required to keep the business afloat.

 

He stated that CCTV was now in operation at the premises, staff were fully trained in the management of customers who were under the influence of alcohol, an incident log was maintained, and the outside of the premises were kept clean and tidy.

 

He explained that the extended hours would help to release congestion at the Kebab & Burger Bar which offered late night refreshments up to 04:30 hours Sunday to Thursday and 05:30 hours Friday and Saturday.

 

He confirmed that the Applicant and Agent were happy to work with the Police and the Royal Borough to meet the licensing objectives.

 

The Sub Committee heard representations for Mr John McGirr from Public Health Greenwich, who stated that there was a correlation between alcohol related violence and late night food provision. Extending late night refreshment beyond its current hours would have a negative impact on the local community.  A proximity analysis revealed that 163 alcohol related incidents had taken place within 500m of the premises over the last 12 months.

 

The Sub-Committee heard representations from PC Balestrini, on behalf of the police, who stated that their main concern was the lateness of the hour, looking at the crime reports for the last 12 months staff and customers had been assaulted in the early hours of the morning.

 

In one incident in April 2019, customers attacked staff after they were not happy with their take away orders.  Victims were left with injuries amounting to grievous bodily harm.  It transpired that staff at the premises could not operate the CCTV system and they only record for seven days instead of 30 days.

 

In December 2018, the Police were called to an incident at the premises at about 04:45 hours, three hours after the licensable hours.

 

The Police stated that by keeping the premises open until 04:00 hours it would attract more late night customers to the area or encourage late night drinkers leaving nearby public houses to loiter around the area whilst they wait for their food.  These customers are usually drunk and the Police were concerned that this would lead to public nuisance and crime and disorder.

 

The Sub Committee was informed that Licensing Officers had discovered that the premises had recently been operating past its current licensable hours even after the Licence Holder was sent a warning letter about breach of the Licence.

 

The Sub Committee noted the written representations made by Councillors Mehboob Khan, Maureen O’Mara and Aidan Smith who stated that the premises were in close proximity to residential properties, and local residents were concerned about public nuisance and crime and disorder.

 

The Sub Committee noted and gave due weight to the fact that the premises were located within the Cumulative Impact Zone.

 

The Sub Committee was not satisfied that the Applicant had demonstrated how the running of the business with the extended hours would not add to the cumulative impact.

 

The Sub Committee resolved that the variation of the premises licence would not promote the licensing objectives, namely, the prevention of crime and disorder, prevention of public nuisance and public safety.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

Publication date: 28/10/2019

Date of decision: 30/09/2019

Decided at meeting: 30/09/2019 - Licensing Sub-Committee A

Accompanying Documents: