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Summary
This report asks the Sub-Committee to consider the application for a New Premises Licence, under section 17 of the Licensing Act 2003.
Recommendations 1. This report asks the Sub-Committee to consider the application for a New
Premises Licence, under section 17 of the Licensing Act 2003 for Pizza Hut, 70 High Road, London, N2 9PN
Licensing Sub-Committee
Monday 16th
February 2015
Title
New Premises Application Pizza Hut, 70 High Road, London, N2 9PN
Report of Trading Standards & Licensing Manager
Wards East Finchley
Status Public
Enclosures
Report of the Licensing Officer Annex 1 – Application Form Annex 2 – Representations Annex 3 – Matters for decision
Officer Contact Details Daniel Pattenden 020 8359 2508 [email protected]
1. WHY THIS REPORT IS NEEDED 1.1 The licensing authority having received valid representations against the
application for a premises licence is expected to hold a hearing to consider those representations. The application can be determined by the licensing authority without a hearing in certain circumstances.
2. REASONS FOR RECOMMENDATIONS 2.1 Where a representation is submitted under section 18(3) of the Licensing Act
2003 (and not withdrawn), the authority must hold a hearing to consider it, unless the applicant and any party or responsible authority who has made (and not withdrawn) a valid representation agree, or where the authority considers that the representations are frivolous, vexatious or will certainly not influence the authority’s determination of the application.
3. ALTERNATIVE OPTIONS CONSIDERED AND NOT RECOMMENDED
3.1 N/A
4. POST DECISION IMPLEMENTATION
4.1 The decision will have immediate effect
5. IMPLICATIONS OF DECISION
5.1 Corporate Priorities and Performance
5.1.1 Members are referred to the Council’s Licensing Policy for consideration
5.1.2 Timely legal and fair decisions support objectives contained within the Corporate Plan. In particular in relation to a “successful London borough” by ensuring that only legal, well regulated licensable activities occur within the borough.
5.2 Resources (Finance & Value for Money, Procurement, Staffing, IT, Property, Sustainability)
5.2.1 N/A
5.3 Legal and Constitutional References
5.3.1 The Licensing Act 2003 sets out how applications for premises licences should be dealt with where valid representations have been submitted.
5.3.2 Under the Constitution, Responsibility for Functions (Annex A), the Licensing Act 2003 and associated regulations, as delegated to it by the Licensing Committee, including the determination of review applications.
5.4 Risk Management
5.4.1 N/A
5.5 Equalities and Diversity
5.5.1 Licence applications are dealt with according to the provisions of the Licensing Act 2003 and associated Regulations which allow both applications and representations to applications to be made by all sectors of the
5.6 Consultation and Engagement
5.6.1 The statutory consultation process that has been followed in accordance with the Licensing Act 2003.
6. BACKGROUND PAPERS 9.1 The application and report of the Licensing Officer and appendices are
attached to this report.
Officers Report
LICENSING ACT 2003
OFFICERS REPORT
Pizza Hut, 70 High Road, London, N2 9PN
1. The Applicants The application was submitted by Woods Whur on behalf of Yum! 3 (UK) Ltd.
2. Application The application before the sub committee was submitted under Section 17 of the Licensing Act 2003 for a New Premises Licence. The application before the sub-committee seeks to allow the following:
To allow the supply of alcohol on and off the premises from 10:00hrs until 05:00hrs Monday to Sunday.
To allow late night refreshment on and off the premises from 23:00hrs until 05:00hrs Monday to
Sunday.
To allow the premises to remain open to the public from 10:00hrs until 05:00hrs Monday to Sunday. A full copy of the application can be seen attached to this report in Annex 1.
3. Representations Responsible Authorities A representation has been received from Sgt Mark Altman on behalf of the Metropolitan Police. The Police concerns are primarily related to the prevention of crime and disorder, although the 3 other licensing objectives are likely to be affected if these premises are allowed to sell alcohol 24 hours a day. We have received a representation from London Borough of Barnet Noise Nuisance. They state they are satisfied that allowing the premises to be used in accordance with the application submitted would
undermine the licensing objective of the Prevention of Public Nuisance. Other representations We have 3 representations from members of the public and 1 representation from a ward councillor. These representations refer to the prevention of public nuisance and the prevention of crime and disorder The representation letters can be seen attached to this report in Annex 2.
4. Attaching conditions The operating schedule, which is part of the application, includes certain additional steps that the applicant will take to protect the licensing objectives. These will become enforceable conditions, should the licence be granted. Additional conditions may be attached to the licence if the committee thinks it appropriate. The Committee must have regard to all of the representations made and the evidence it hears, and is asked to note that it may not attach conditions or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be appropriate in order to promote the licensing objectives. In relation to conditions, the statutory guidance at chapter 10.8 states that “The licensing authority may not impose any conditions unless its discretion has been engaged following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives. . Full Copies of the Councils Statement of Licensing Policy, the Statutory Guidance to the Act and the Council’s Guide to Good Practice at Licensed Premises will be available at the Licensing Sub Committee hearing or in advance if required. A map centrally locating the premises and a plan shall be made available at the hearing. Daniel Pattenden Licensing Officer Annex 1 – Application Form Annex 2 – Representation Annex 3 – Matters for decision
Annex 1
Application
Form
Annex 2
Representations
1
Pattenden, Daniel
From: Moore, Cllr AlisonSent: 20 January 2015 16:37To: Pattenden, DanielSubject: RE: New Premises Licence Application – Pizza Hut, 70 High Road, London, N2 9PNAttachments: image001.png
Dear Daniel, I would like to lodge an objection as a ward councillor and ask to speak at any hearing concerning this application. The grounds for my objection are that in granting permission for retail sale of alcohol for consumption on and off the premises seven days per week for an establishment that is on a night bus route, close to an underground station but also close to residential properties and family housing, that harm may be caused under three of the four categories/objectives. Under category 1 – the sale of alcohol until 5am for consumption on or off the premises runs a high risk of being a source of crime and disorder through drunkenness, antisocial behaviour and the possibility of violence. Under category 2 – the premises concerned are on a main road where traffic continues throughout the night. Disorderly behaviour following excessive drinking could endanger both those individuals and passing drivers were they to exit on to the roadway. In addition, there has been a history of periodic street drinkers in the Town Centre. The availability of late night alcohol and those intoxicated remaining in the area for the start of the working day could present public safety problems for local residents. The latter could also potentially apply to category 4 Under Category 3 – late night opening and the consumption of alcohol is likely to cause disturbance to residential properties above the shops, in the development opposite the site in question, the area that sits behind the site and other streets radiating away from the premises late at night/in the early hours of the morning. In addition, should the local park be left open, there is potential for nuisance and concerns about the protection of children (category 4). I hope that this is specific enough. I’d be grateful if you could acknowledge receipt. Regards Cllr Alison Moore
From: Pattenden, Daniel Sent: 23 December 2014 11:59 To: Mittra, Cllr Arjun; Or-Bach, Cllr Alon; Moore, Cllr Alison; Aquilina, Simon; Barnet SCB; Carabine, Chris; Haynes, Ralph; PCT; Phasey, Emma; Police; fire; Heena Patel - Fire Subject: FW: New Premises Licence Application – Pizza Hut, 70 High Road, London, N2 9PN New Premises Licence Application – Pizza Hut, 70 High Road, London, N2 9PN The licensing authority has accepted an application under section 17 of the Licensing Act 2003 for a new premises licence for the above premises submitted by Woods Whur Ltd. The application seeks to allow the following:
The sale of alcohol for consumption on and off the premises from 10:00hrs until 05:00hrs Monday to Sunday
2
The provision of late night refreshment from 23:00hrs until 05:00hrs Monday to Sunday To allow the premises to remain open to the public from 10:00hrs until 05:00hrs Monday to Sunday
The full application is available for public inspection at NLBP. I can send you an electronic copy of the application if you wish. Written representations, either for or against the application, can be made by individuals, bodies, businesses and Responsible Authorities. To be relevant, a representation must address the likely effect of the licence on one or more of the licensing objectives. The last date for representations is 20th January 2015 If no representations are received, the application must be granted. If any are received, the application will be determined by the licensing sub-committee. If you require any advice about the role of ward members in licensing, please contact Governance or Legal Services regards Daniel Pattenden Licensing Officer, Trading Standards & Licensing Department Development and Regulatory Services (DRS) London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP Tel: 020 8359 7443 Barnet Online: www.barnet.gov.uk
please consider the environment - do you really need to print this email?
London Borough of Barnet is working with RE (Regional Enterprise) Ltd, a new joint venture between the Council and Capita plc
1
Pattenden, Daniel
From: LicensingAdminSent: 20 January 2015 13:36To: Pattenden, DanielSubject: FW: New Premises Licence Application - Pizza Hut, 70 High Road, London, N2 9PN
FYI Elisabeth Hammond Trading Standards & Licensing Technical Support Officer Development and Regulatory Services London Borough of Barnet Building 4 North London Business Park Oakleigh Road South London N11 1NP Tel: 0208 359 5639
RE (Regional Enterprise) Limited is a joint venture between Capita plc and London Borough of Barnet. Registered in England 08615172. Registered Office: 17 Rochester Row, London, England SW1P 1QT.
⌂ Is there an empty property in your street? Please let the Council know on 0208 359 7995 or e mail [email protected]
From: Kate Brown [mailto:[email protected]] Sent: 20 January 2015 12:45 To: LicensingAdmin Subject: New Premises Licence Application - Pizza Hut, 70 High Road, London, N2 9PN Dear Sir/Madam, I attempted to do this email via the website but experienced problems. I want to object to the above application in the strongest terms. The last thing we need is a very late outlet for alcohol sales in area near where the night bus stops in East Finchley. Young people ( already the worse for wear) arrive in this area and I think if you facilitated access to alcohol you run the risk of causing serious harm. In any event you will be making more work for my hard working colleagues in A and E who already deal with too many people affected by alcohol. So risk to young people is my greatest concern. However I would also like to object on grounds of noise and nuisance to local residents. Yours sincerely Kate Brown 50 Summerlee Ave London N2 9QP
1
Pattenden, Daniel
From: LicensingAdminSent: 12 January 2015 13:56To: Pattenden, DanielSubject: FW: New Premises Licence Application Pizza Hut 70 High Road London N2 9PN
FYI Elisabeth Hammond Trading Standards & Licensing Technical Support Officer Development and Regulatory Services London Borough of Barnet Building 4 North London Business Park Oakleigh Road South London N11 1NP Tel: 0208 359 5639
RE (Regional Enterprise) Limited is a joint venture between Capita plc and London Borough of Barnet. Registered in England 08615172. Registered Office: 17 Rochester Row, London, England SW1P 1QT.
⌂ Is there an empty property in your street? Please let the Council know on 0208 359 7995 or e mail [email protected]
From: Mary Hogben [mailto:[email protected]] Sent: 12 January 2015 13:54 To: LicensingAdmin Cc: Mittra, Cllr Arjun; Moore, Cllr Alison; [email protected]; Peter Pickering Subject: New Premises Licence Application Pizza Hut 70 High Road London N2 9PN Dear Sir/Madam New Premises Application Pizza Hut 70 High Road London N2 9PN I am writing on behalf of The Finchley Society to object to the application under Section 17 of the Licensing Act 2003 for a new premises licence for the above premises submitted by Woods Whur Ltd. which seeks to allow the following: A. The sale of alcohol for consumption on and off the premises from 10.00hrs until 05.00hrs Monday to Sunday B. The provision of late night refreshment from 23.00hrs until 05.00hrs Monday to Sunday C. To allow the premises to remain open to the public form 10.00hrs until 05.00hrs Monday to Sunday. The Finchley Society would like to object on the following grounds:
1. Crime and Disorder and Public Safety: Concern that there will be an increase in crime and disorder as a consequence. Currently we are not aware of any take away premises on the High Road East Finchley that also sell alcohol and particularly for the extended hours applied for in this instance. The bus stop for the night time bus route is very close to this outlet and therefore the consequence of combining fast food and alcohol in this location will probably be an increase in crime and disorder. For residents who live nearby or walk home along this route there must be an increased fear for their safety.
2
2. Public Nuisance: More food and alcohol sold in this takeaway manner will lead to nuisance, litter, noise leading to increase in anti‐social behaviour all of which will affect the local residents on the high road and neighbouring streets.
3. Protection of Children from Harm: The location of this outlet is close to a school, the Archer Academy, and on a main route used by many children using public transport and walking. There is a real threat of harm to children with the sale of alcohol combined with the sale of prepared food where children often gather at lunchtime and after school.
We would request that this application is refused, and referred to the licenscing Sub committee as appropriate. Please can you note that I was unable to view this application on your website. I telephoned your department today who confirmed that the relevant link was unavailable and as a consequence they were unable to give me details of dates by which comments needed to be received. Please confirm that you have received this email and that the objections has been noted. Yours sincerely Mary Hogben On behalf of The Finchley Society 47 Heath View London N2 0QD
Development & Regulatory Services The London Borough of Barnet Environmental Health Building 4 North London Business Park Oakleigh Road South London N11 1NP
Tel: 020 8359 7995
Date: 12 January 2015
Ref:
Noise Nuisance Make Representations to the following Premises License Sect 17 of the Licensing Act 2003 – New Premises Licence Application
Application Given To Noise Nuisance:
23rd December
Premises Name:
Pizza Hut
Premises Address:
70 High Road, London, N2 9PN
The Noise Nuisance Department are satisfied that allowing the premises to be used in accordance with the application submitted would undermine the licensing objective of the Prevention of Public Nuisance. Although the premises does not have a history of noise nuisance, the noise team feel that allowing the premises to operate until 5 am would lead to the potential of noise disturbance to local residents, especially those in the immediate vicinity. With 5am being the terminal hour for the premises it could lead to significant disturbance from a number of different sources, this includes customers & staff entering and leaving the premises, the use of the motor bikes for deliveries and the extended hours of use of the extractor system (if applicable). The impact of these activities will be heightened due to the time of night. I would encourage the premises user or appointed representative to engage with the Noise Nuisance Department to work towards a mutually agreeable terminal hour so we can look at withdrawing our objection. Yours Sincerely,
Roxanne Pateman Environmental Health Officer
With compliments
London Borough of Barnet Licensing Team Building 4 North London Business Park Oakleigh Road South London N11 1NP
LICENSING OFFICE COLINDALE POLICE STATION GRAHAME PARK WAY COLINDALE NW9 5TW Telephone: 020 8733 5261 e-mail: [email protected] Date: 16
th January 2015
Our ref: 461/2014
CC: London Borough of Barnet
Police Make Representations to the following application made under
Section(s) 17 Licensing Act 2003
Application Given To Police On: 23
rd December 2014
Premises: Pizza Hut 70 High Rd London N2 9PN
Representations
a) plays (box A)
b) films (box B)
c) indoor sporting events (box C)
d) boxing or wrestling entertainment (box D)
e) live music (box E)
f) recorded music (box F)
g) performances of dance (box G)
h) anything of a similar description to that falling within (e), (f) or (g) (box H)
i) making music (box I)
j) dancing (box J)
k) entertainment of a similar description to that falling within (i) or (j) (box K)
l) late night refreshment (box L)
X
m) alcohol sale by retail (box M)
X
n) adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children (box N)
o) Hours premises are open to the public (box O)
X
The Police concerns are primarily related to the prevention of crime and disorder, although the 3 other licensing objectives are likely to be affected if these premises are allowed to open and sell/deliver alcohol for the hours applied for. The local Neighbourhood Police Team have raised concerns about the operation, in particular the delivery of alcohol and the additional security measures that would be required. I also raised concerns in an e-mail sent to the address provided by the applicant’s solicitors [email protected]. This was also copied to the Licensing Team at Barnet Council: The text of the e-mail appears at Appendix “A” The Police respectfully request that this application is not granted as without various safeguards and assurances it is more likely than not that the additional hours and delivery of alcohol will result in an increase in noise nuisance and crimes.
Police Sergeant Mark ALTMAN
Appendix “A” e-mail sent to applicant’s solicitor 16:35 hrs 12
th January 2015
Dear Carole, The Police are concerned with these applications. In particular the late hour of operation and delivery of alcohol which only requires purchase of one pizza. Please could you address the following questions:
Will all deliveries of alcohol be made by moped type transport
What type and level of security will be fitted to the delivery vehicles
Is there a maximum amount of alcohol that can be ordered
What type of alcohol and brands are the 3 venues looking to stock and supply and do they have a minimum price for the alcohol
Is there a minimum age for the drivers delivering alcohol
Are there currently any other Pizza Hut operations in the London Boroughs, or adjoining counties who deliver alcohol and/or remain open until 5am
Pizza Hut, 128 Ballards Lane, London, N3 2PA Pizza Hut, 70 High Road, London, N2 9PN Pizza Hut, 18 North End Road, London, NW11 7PH I have also included a condition that has previously been attached to alcohol delivery businesses in Barnet. Regards Mark
Sergeant Mark Altman
Licensing Officer
Phone: 020 8733 5261
E-mail: [email protected]
Mail: Licensing Office
Room 1:20
Colindale Police Station
Grahame Park Way
Colindale NW9 5TW
CONDITIONS FOR DELIVERY OF ALCOHOL
All sales of alcohol for delivery must be paid for by credit card
All persons delivering the alcohol too the purchaser must be 21 years of age or older.
Alcohol may only be supplied with a food order
A challenge 21 policy will be adopted for identifying persons under the age of 18
Only valid photographic ID will be accepted: Driving Licence, Passport or Pass accredited card.
The person making the delivery must ensure that the recipient is 18 years of age. A check will be made to ensure the person accepting the delivery has the credit card used for the purchase and if they appear under 21 years of age photographic ID will be required before the alcohol is handed over.
The challenge 21 policy will be explained to telephone customers and where possible this prompt will appear as a till prompt on the ordering system.
All staff will be fully trained in these procedures and regular checks are to be made by the DPS to ensure their knowledge is maintained. This information will be recorded as part of the employee’s personal file.
Yours Sincerely,
1
Pattenden, Daniel
From: Roger Chapman <[email protected]>Sent: 09 January 2015 10:57To: Pattenden, DanielSubject: RE: New Premises Licence Application - Pizza Hut, 70 High Road, London, N2 9PN
Mr Pattenden, Thanks for your email. Please find my address below. Best wishes Roger Chapman 50 Summerlee Avenue East Finchley London N2 9QP Telephone 07855 304 488
From: Pattenden, Daniel [mailto:[email protected]] Sent: 09 January 2015 10:18 To: '[email protected]' Subject: RE: New Premises Licence Application - Pizza Hut, 70 High Road, London, N2 9PN Dear Mr Chapman, Thank you very much for your email. However to make your representation valid I require your address. Kind regards Daniel Pattenden Licensing Officer, Trading Standards & Licensing Department Development and Regulatory Services (DRS) London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP Tel: 020 8359 7443 Barnet Online: www.barnet.gov.uk
please consider the environment - do you really need to print this email?
London Borough of Barnet is working with RE (Regional Enterprise) Ltd, a new joint venture between the Council and Capita plc
From: Roger Chapman [mailto:[email protected]] Sent: 08 January 2015 19:23 To: LicensingAdmin Cc: Moore, Cllr Alison; Mittra, Cllr Arjun; [email protected] Subject: New Premises Licence Application - Pizza Hut, 70 High Road, London, N2 9PN Dear Sir/Madam [Please note I attempted to make this objection via the online system but it is not currently functioning – I would appreciate it if you can acknowledge receipt of this objection]
2
I am writing to object to the application under section 17 of the Licensing Act 2003 for a new premises licence for the above premises submitted by Woods Whur Ltd. which seeks to allow the following: * The sale of alcohol for consumption on and off the premises from 10:00hrs until 05:00hrs Monday to Sunday * The provision of late night refreshment from 23:00hrs until 05:00hrs Monday to Sunday * To allow the premises to remain open to the public from 10:00hrs until 05:00hrs Monday to Sunday I would like to object on the following grounds:
1. Allowing the sale of alcohol from these premises for such an extended period could lead to an increase in crime and disorder. Currently I am not aware of any take away premises on the High Road, East Finchley that also sell alcohol and certainly not for the extended hours proposed here. The premises lie on a night time bus route used by many late night users. Approving this licence would combine an all-night fast food take away with alcohol which is not a sensible combination and I consider will lead to an increase in crime and disorder. Public safety for people in the area would also be adversely affected.
2. For the reasons above there would also be an increase in nuisance locally. The combination of fast food and alcohol on a busy bus route attracting many additional visitors would increase noise to the detriment of local residents and likely lead to an increase in other anti-social behaviour on the High Road and in surrounding residential streets.
3. I am also concerned by the impact of children from harm. A number of young people, under 18 appear to be employed within the Pizza Hut. The premises are close to the Archer Academy school and on public transport and walking routes that are used by many other children from surrounding primary and secondary schools. The sale of alcohol on premises which will attract students during their lunchtime and after school should not be combined with the sale of alcohol.
For these reasons I ask that the application be reffered to the licensing sub committee for determination by members and that the application is refused. Best wishes Roger Chapman 07855 304 488
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Annex 3
Matters for Decision
MATTERS FOR DECISION
Pizza Hut, 70 High Road, London, N2 9PN
To allow the supply of alcohol on and off the premises Standard Days and Timings
Day Proposed start time
Proposed finish time
Granted as application Amended to: Refused
Monday 10:00 05:00
Tuesday 10:00 05:00
Wednesday 10:00 05:00
Thursday 10:00 05:00
Friday 10:00 05:00
Saturday 10:00 05:00
Sunday 10:00 05:00
Added conditions, if any:
Reasons for decisions above:
To allow late night refeshment on and off the premises Standard Days and Timings
Day Proposed start time
Proposed finish time
Granted as application Amended to: Refused
Monday 23:00 05:00
Tuesday 23:00 05:00
Wednesday 23:00 05:00
Thursday 23:00 05:00
Friday 23:00 05:00
Saturday 23:00 05:00
Sunday 23:00 05:00
Added conditions, if any:
Reasons for decisions above:
Hours premises are open to the public Standard Days and Timings
Day Proposed start time
Proposed finish time
Granted as application Amended to: Refused
Monday 10:00 05:00
Tuesday 10:00 05:00
Wednesday 10:00 05:00
Thursday 10:00 05:00
Friday 10:00 05:00
Saturday 10:00 05:00
Sunday 10:00 05:00
Added conditions, if any:
Reasons for decisions above:
