Decision

RESOLVED:

The decision

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of the licensing objectives:

·  The prevention of crime and disorder

·  Public safety

·  Prevention of public nuisance

·  The protection of children from harm

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report.

·  The hours of licensable activity

Late Night Refreshment

Monday    23:00 - 01:00

Tuesday.  23:00 - 01:00

Wednesday   23:00 - 01:00

Thursday   23:00 - 01:00

Friday   23:00 - 02:00

Saturday   23:00 - 02:00

Sunday   23:00 - 00:00

The Opening hours of the premises

Monday    11:00 - 01:00

Tuesday.  11:00 - 01:00

Wednesday   11:00 - 01:00

Thursday  11:00 - 01:00

Friday  11:00 - 02:00

Saturday  11:00 - 02:00

Sunday  11:00 - 00:00

And the following additional conditions to be added to the premises licence:

·  Deliveries shall only be carried out by riders using electric motorcycles or electric bicycles.

·  No customers are permitted on the premises. The premise shall operate by deliveries only.

Reasons for the decision

The application for a premises licence has been approved as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined. 

The Sub-Committee heard from the Applicant who confirmed that they have 80 sites across the UK and it is a franchise company. They opened at this location in 2024 and it has been a challenging period. The Top Pizza company began trading in 1987 and they have late night licences at other branches.

The Sub-Committee took into account that the premises have had communication with the Police and other Responsible Authorities. The premises operate as a hot food takeaway with some tables and chairs for customers. It is not a full extensive restaurant. The Sub-Committee noted that the premises are able to operate from 11 am to 23:00.

The Sub-Committee took into account that the Licensing Authority made representations on the grounds that the application was beyond policy hours and there were planning issues.

The Sub-Committee heard that the Licensing Authority had concerns about the potential negative impact on the public. There were also concerns about delivery drivers due to residents living in flats above the premises.

The Applicant/premises manager confirmed that the delivery drivers were directly used by the premises. They have no third-party drivers. Drivers are given training for dealing with late night deliveries. The premises would also use electric bikes and they want to make savings by doing this. Their Walthamstow branch has a 04:00 licence and Police have advised of conditions to be added to the licence which they have agreed to for that branch.

The Sub-Committee heard that the Planning use class is E for restaurants. They have been dealing with this through the Planning Department.

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The Sub-Committee was satisfied that the application would not undermine the licensing objectives and would not have a negative impact on the area. 

Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting the premises licence the licensing objectives would not be undermined.

Public Informative

·  The Premises Licence Holder is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.

·  It also should be noted for the public record that the Local Planning

Authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.