The Licensing Act 2003 Subcommittee of Newham Council met to discuss a new premises licence application for Go Donuts, located at 40 Plashet Grove in East Ham. The committee decided to grant the license with amended conditions, including reduced opening hours and additional measures to address concerns about noise and litter. The applicant, Go Donuts Upton Park Ltd, sought the license to operate as a late-night refreshment venue, but faced opposition from local residents.

Go Donuts Premises Licence Application

The primary matter under consideration was the application by Go Donuts Upton Park Ltd for a new premises licence at 40 Plashet Grove. The application requested permission to operate from 8am to 4am, seven days a week, offering late-night refreshment services from 11pm to 4am¹. The council granted the licence, but with the condition that the premises operate from 8am to 1am Monday to Sunday.

Objections and Amendments

Two residents submitted objections to the application, citing concerns about potential crime, disorder, and public nuisance. Specifically, they raised issues regarding noise disruption, late-night disturbances, and an increase in delivery motorbikes causing safety and litter problems.

In response to these concerns, the applicant volunteered to amend their application, reducing the proposed opening hours from 4am to 1am. A representative of Go Donuts, Rakan Addin, stated:

We confirm that we are happy to amend our application and reduce the proposed opening hours from 04:00 hrs to 01:00 hrs. Please feel free to share this with the residents and include it in the hearing report.

Licensing Objectives and Conditions

The licensing committee considered the application in relation to the four licensing objectives outlined in the Licensing Act 2003²: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

To address the licensing objectives, the committee added several conditions to the licence, including:

• Litter Control: The staff will ensure that all the area outside the premises will be cleared of litter every day at closing time.
• Waste Management: The waste management contract with CD Waste Management or a similar company will continue.
• Delivery Services: The licence holder will contract with Uber, Deliveroo, and Just Eat to ensure prompt food delivery, prevent engine idling, and prohibit horn use or waiting outside the premises.
• Staff Training: A training log for staff training will be maintained.
• Complaints Log: A complaints log will be implemented to record and address any complaints received.

Cumulative Impact Zone

The committee noted that the premises falls within a Cumulative Impact Zone (CIZ). A CIZ is an area where the concentration of licensed premises is believed to be having a negative impact on the licensing objectives³. As such, there is a greater onus on applicants to demonstrate that their operation will not add to existing problems.

Committee's Rationale

The committee explained that the conditions offered by the licence holder were sufficient to promote the licensing objectives, taking into account the circumstances and finding the conditions reasonable and proportionate. The committee noted the applicant's long-term plans, demonstrated by an 18-year lease, and their commitment to minimising noise and disturbances.

The committee stated that it was:

satisfied that granting the application in the form of the amended application with the additional conditions, would not undermine the licensing objectives of Prevention of Public Nuisance, Prevention of Crime and Disorder, Protection of children from harm and public safety.

The committee also considered the relevant provisions of the Human Rights Act 1998, including the right to a fair hearing, respect for private and family life, and peaceful enjoyment of possessions, and concluded that the conditions offered and agreed by the applicant were reasonable and proportionate.