The Licensing (2003 Act) Sub-Committee of Newham Council met on Wednesday 02 October 2024 to review the premises licence for Kay Viva, located at 45 West Ham Lane, Stratford, E15 4PH. Following extensive discussion and consideration of evidence from residents, the council's licensing team, and the premises licence holder, the committee decided to suspend the licence for a period of two weeks. This suspension is to allow for comprehensive training of the licence holder on the licensing regime by a qualified provider, with further conditions to be specified in the decision letter.

Review of Premises Licence for Kay Viva

The primary focus of the meeting was a review of the premises licence for Kay Viva, 45 West Ham Lane, Stratford, E15 4PH. The review was initiated by a local resident, David Mills, representing the Chopwell Close Residents Association, citing concerns over public nuisance, public safety, and crime and disorder.

Concerns Raised by Residents and the Licensing Team:

David Mills, on behalf of the Chopwell Close Residents Association, presented evidence detailing persistent issues, particularly on Friday and Saturday nights. These included loud music, shouting, and anti-social behaviour extending into the early hours of the morning, with patrons allegedly falling into the street. Mr. Mills highlighted that these issues had escalated over the past 12 months and that 69 residents had signed a petition expressing their concerns. He also noted that residents had previously contacted the police regarding these issues, but were unfamiliar with the correct procedures for reporting and addressing such matters to the council.

Steve Jackson, Senior Licensing Enforcement Officer for Newham Council, supported the review application. He detailed that Kay Viva had operated under numerous Temporary Event Notices (TENs) throughout the year, appearing to have exceeded their allocation due to an error in submitting incorrect hours. Mr. Jackson also reported that a compliance visit on 02 September 2024 uncovered several breaches of the premises' licence conditions, including a lack of an incident log, a refusal log, and insufficient CCTV retention periods. He stated that the premises seemed to have shifted from its original model as a restaurant to operating more like a bar or club, for which the current licence conditions were not fully suitable. He recommended that the licence holder apply for a full variation to better suit their business model.

Premises Licence Holder's Response:

Rob Edge, the licensing agent representing Kay Viva, acknowledged that there were challenges with the current business model and the existing licence conditions. He stated that the premises licence holder, Vivian Ezeagu, was committed to working with the licensing authority and responsible authorities to address these issues. Mr. Edge highlighted that the premises had been operating under a number of TENs, and that neither the police nor Environmental Health had raised objections to these, suggesting they had no concerns regarding the licensing objectives during those events. He proposed that a full variation to the licence, with appropriate conditions and community engagement, would be the best way forward.

Vivian Ezeagu, the premises licence holder, explained that the issues arose from customers wanting to hold parties and celebrations, and that she had not been aware of the specific CCTV retention requirements. She stated that the premises had been soundproofed and that noise complaints were not originating from within the venue. Ms. Ezeagu expressed a desire to continue operating and to work with residents, suggesting that future events could be communicated to neighbours via leaflets. She also indicated a willingness to consider a noise limiter and to work towards a licence that better suits her business, potentially including later weekend hours.

Decision:

After considering all representations and evidence, the Licensing Sub-Committee decided to suspend the premises licence for Kay Viva for a period of two weeks. This suspension is intended to allow for comprehensive training for the licence holder on the licensing regime by a qualified provider. Additional conditions will be imposed on the licence, the details of which will be specified in the decision letter. The applicant, responsible authorities, and interested parties have the right to appeal this decision to the Magistrates Court within 21 days.