The Licensing (2003 Act) Sub-Committee of Newham Council met on Tuesday 1st February 2022 to consider an application for a new premises licence for Khan's Burgers. The meeting's agenda included the standard procedural items, followed by the main item of business concerning the premises licence application.

Application for a New Premises Licence: Khan's Burgers

The primary focus of the meeting was the application for a new premises licence for Khan's Burgers, located at 56 Queens Market, Green Street, E13 9BA. The applicant, Asif Khan, sought to operate the premises for late-night refreshments, specifically for off-sales and deliveries, between the hours of 11:00 and 04:00 the following day, Monday to Sunday. The premises themselves were scheduled to be open from 11:00 to 04:00 daily.

Representations against the application were made by several responsible authorities:

• Metropolitan Police Licensing Team: Objected on the grounds of the prevention of crime and disorder, prevention of public nuisance, and protection of children from harm. The police highlighted concerns regarding the applicant's understanding of the Cumulative Impact Zone (CIZ) and the operating schedule's lack of detail on preventing public access to the premises and managing potential anti-social behaviour. Crime statistics for the area were provided, indicating a significant number of incidents of anti-social behaviour and violence. The police also raised concerns about the potential for predatory adults and gangs to target young people using late-night refreshment venues.
• Commercial Environmental Health Team: Made a representation concerning the prevention of public nuisance. This team noted that the premises are located within a CIZ and that the applicant had not proposed sufficient measures to prevent noise and nuisance from deliveries, nor had they provided information regarding the extract system's potential impact on nearby residents at Hamara Ghar, a retirement housing complex.
• Newham Council Licensing Team: Also made a representation on the grounds of the prevention of crime and disorder and the prevention of public nuisance. This team pointed out that the application was within a CIZ, and the applicant appeared unaware of this designation and the council's licensing policy. They noted discrepancies between the advertised operating hours on online platforms (Just Eat and Uber Eats) and the hours stated in the application, and reported observing the premises trading after 11 pm without a licence.

The report pack also included details of the application form submitted by Asif Khan, outlining the proposed operating schedule and the applicant's intended steps to promote the licensing objectives. The legal officer's comments highlighted the rebuttable presumption of refusal for applications within a CIZ unless the applicant can demonstrate no negative impact on the licensing objectives. The report also detailed the procedure for the hearing, including the presentation of cases by the applicant, responsible authorities, and interested parties, followed by deliberation and decision.