Content

In reaching its decision, the Licensing
Sub-Committee (“LSC”) 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 LSC 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,
evidence, and oral submissions, the LSC resolved to grant a
premises licence.
 
Permitted Licensable
Activities:
 
Supply of alcohol for consumption on and off
the premises
 
 Permitted
hours: 9am – 10.00 pm, Monday to Sunday
          
 
The Premises Licence
shall be subject to the following conditions:
 

1.           
The premises shall operate as a restaurant where all alcohol sales
shall be ancillary to food, either sold as a sit-down meal or for
sale packaged for consumption away from the premises with a
takeaway order.
 

2.           
A CCTV system shall be installed at the premises, both inside and
out, which continually records whilst the premises is open for
licensable activities. At least one camera shall be placed on entry
& exit points which is capable of capturing an image suitable
for evidential purposes.
 

3.           
All CCTV images shall be retained for a period of thirty-one (31)
days and be made available on request to any Police Officer, Police
Community Support Officer, or an officer of the Local Authority (as
defined by Section 13 of the Licensing Act 2003) on demand.
 

4.           
Staff shall be fully trained in the operation of the CCTV and there
shall be at least one person on duty during trading hours who is
able to provide a recording of any incident at the request of the
Police and / or Local Authority (as defined by Section 13,
Licensing Act 2003).
 
 

5.           
Notices informing customers of the operation of CCTV shall be
prominently displayed.
 

6.           
Notices requesting that customers respect the local residents and
vacate the area in a quiet, orderly manner shall be conspicuously
and prominently displayed at every exit.
 

7.           
The premises licence holder shall have in place a strict anti-drugs
policy approved by Greenwich Policing Licensing.
 
 

8.           
All staff shall receive recognised customer welfare &
vulnerability training from an appropriately qualified trainer,
details of which must be documented (e.g., ‘WAVE’,
‘Ask Angela’, or similar). Furthermore, the premises
licence holder (or a representative thereof if held in a company
name) shall sign-up to the Royal Borough of Greenwich Women’s
Charter, or its equivalent, and display certification of this
prominently at the premises.
 

9.           
A contact telephone number and e-mail address shall be made
available to local residents and businesses on the premises’
website, which they can use to report any issues to the Designated
Premises Supervisor or a representative of the premises licence
holder. The phone line shall be available during all hours of
licensable activity.
 

10.        
A customer dispersal policy shall be implemented to minimise noise
disturbance to local residents from customers leaving the premises.
It shall include reference to a Code of Conduct by which staff must
adhere when departing after trading hours. Copies of this policy
shall be made available to the RBG Licensing and Greenwich Police
Licensing teams.
 

11.        
 All commercial deliveries
(including alcohol deliveries), and collections and storage /
disposal of refuse and recyclables in external areas, shall be
restricted to between 07:00 and 19:00 hours daily.
 
 
12. All staff shall be trained in the
responsible sale of alcohol and the protection of minors. Such
staff training shall be recorded and refresher training provided
twelve (12) months as a minimum. The training shall cover, as a
minimum:
 

Acceptable forms of proof of age;
How
to refuse a sale to persons under 18 years of age; and,
How
to record such a refusal in the refusals register.

 
Training records shall be made available for
inspection at the request of the Police and / or a Local Authority
officer (as defined by Section 13, Licensing Act 2003).
 
13. When a refusal to sell alcohol
takes place, the member of staff involved shall record in a refusal
register, as a minimum:
 
The
date & time of refusal;
The
type of alcohol requested;
A
description of the customer;
The
reason for refusal; and,
The
name of the member of staff.

 
The refusal register shall be reviewed from
time-to-time by the businesses management. They shall record the
date & time of their review and note any actions that appear to
be needed to protect young people from harm. The register shall
also be made available for inspection at the request of the Police
and / or Local Authority (as defined by Section 13, Licensing Act
2003).
 
14. The business shall operate a
‘Think 25’ / ‘Challenge 25’
age verification scheme, where anyone who appears to be under the
age of 25 shall be asked for proof of age. The only acceptable
forms of proof of age are:
 

Passport;

Photographic driving licence; or
A
Home Office approved ‘PASS’ hologram proof-of-age
card.
 
15. Posters shall be conspicuously and
prominently displayed advising both staff and customers that the
‘Think 25’ / ‘Challenge 25’
scheme operates on the premises and also warning adults not to buy
alcohol for those under 18 years-of-age (“It’s A
Crime!” proxy sales poster or similar).
 
16. The on-sale of alcohol for
consumption shall be restricted to those who are seated and
supplied ancillary to their table meal. See also Condition
1.
 
17. Sales of alcohol for consumption
off the premises shall only be supplied with and ancillary to a
substantive meal in sealed containers.
 
18. There shall be no vertical
drinking.
 
19. There shall be no sale of beer,
lager, cider or spirit mixers, either on or off the premises, with
an ABV of 6.5% and above, except for ‘premium’
or ‘craft’ brands pre-agreed with the Royal Greenwich
Licensing Authority and Greenwich Licensing Police team.
 
 
20. All waste shall be properly presented and
placed out for collection no earlier than thirty (30) minutes
before the collection times formally advised by Royal Borough of
Greenwich Refuse Services.
 
21. Loudspeakers shall not be located
in the entrance lobby or outside the premises building.
 
22. Notices shall be prominently
displayed at any area used for smoking requesting patrons to
respect the needs of local residents and use the area quietly.
 
23. The premises licence holder shall
ensure that any patrons smoking outside the premises do so in an
orderly manner and are supervised by staff so as to ensure that
there is no public nuisance or obstruction of the public highway.
In line with the Prevention of Public Nuisance licensing objective,
there shall be no more than six (6) smokers outside at any one
time.
 
24. All matters pursuant to the
Regulatory Reform (Fire Safety) Order 2005 that are applicable to
the operation of these premises in line with the Public Safety
licensing objective shall be adhered to at all times.
 
25. No noise, fumes, steam or odours shall be
emitted from the licensed premises so as to cause a nuisance to any
persons living or carrying on business in the area where the
premises are situated.
 
26. The maximum capacity of the premises,
excluding staff, shall be forty-nine(49).
 
27. The premises shall have in place a
management plan for delivery drivers for collection of packaged
orders.
 
28. A notice shall be prominently displayed
requesting delivery drivers not to park by the entrance gates to
the building. 
 
Basis of
Decision
 
The LSC gave due regard to all
oral and written submissions for the applicant and from
residents.
 
In reaching its decision the
LSC noted and had due regard to the applicant’s agreement to
conditions proposed by the police and the police thereby not
opposing the grant of a premises licence. The LSC further noted and
gave due regard to Environmental Health expressly confirming they
were not making any written representations to this application.
There were no other representations from any other Responsible
Authorities.
 
In reaching its decision the
LSC fully considered the location of the premises within the
Woolwich Town Centre Cumulative Impact Zone. The LSC were of the
view that the premises will operate as a restaurant and there will
not be potential for the type of noise and nuisance that may be
associated with a primary alcohol business operation as a public
house, bar or club with off sales of alcohol, or an Off Licence
premises.     
 
The LSC disregarded matters
that were not licensing objectives and which it could not properly
take into consideration being, such as, the type of cuisine that
the restaurant would be providing, hygiene rating of other premises
operated by the applicant elsewhere, fire safety and risk of fire
from grease within the premises, food odours from the
premises,  and parking within the
location which are all regulated by separate statutory provisions
and by environmental health.
 
The LSC are not empowered to
consider matters relating to planning permission for the premises,
and therefore any related representations and submissions did not
form part of this decision.     
 
The LSC noted the
representations regarding public safety which were related to the
type of cuisine and cooking processes. The Public Safety Licensing
Objective relates to the health and safety of those present upon
the premises and is extensively regulated by separate legislation.
Only one representation made representations which the LSC could
properly consider, the remaining representations all being in
respect of what may occur outside the premises such as odours, fire
risk from grease within the premises. The applicant provided
documents relating to a Dispersal Policy, Staff Code of conduct,
details of the Kitchen Extraction System and a Clean Air
Specification for the restaurant. There was no evidence before the
LSC that indicated risks to the health and safety of those who
maybe present upon the premises. The cooking processes for the type
of cuisine was a primary concern of those objecting to the
application. However, high heat and the type of cuisine giving rise
to the concerns of the residents is not one that is rare or unusual
within restaurant premises and there was nothing unusual identified
by the residents, for these premises, which the LSC could take into
consideration.        
 
The premises are to operate as
a restaurant and the supply of alcohol will only be ancillary to
customers ordering table meals. Equally, the supply of alcohol for
consumption off the premises will only be ancillary to orders for
substantive meals and these requirements are included in the
conditions subject to which the premises licence is
granted.
 
The LSC fully considered the
representations for the potential for crime and disorder and public
nuisance. The LSC were of the view that there was no evidence that
the grant of a premises licence would adversely impact upon the
licensing objectives. Moreover, the Police and Environmental
Health, both being Responsible Authorities, made no representations
to the application.    
 
Matters relating to the
management of parking on the highway and traffic flow are not
within the control or remit of the applicant or for which the LSC
can lawfully impose conditions and are not licensing objectives.
The LSC considered the scope for public nuisance associated with
delivery drivers and in respect of which an additional 2 conditions
are imposed on the premises licence.
 
The LSC were satisfied that the
premises will be properly run and with the proportionate conditions
that are imposed on the premises licence, the licensing objectives
will be promoted by the applicant.
Any party aggrieved by the decision of the
Licensing Sub-Committee may appeal to the magistrates’ court
within 21 days.