Agenda item

Report of the Licenisng Officer considering the application for a variation of the premises licence at 11-13 The Arcade, Hatfield, AL10 0JY.

Introduction and Procedure

The purpose of the meeting was to consider an application for variation of the premises licence in place at Point One African Restaurant, 11-13 The Arcade, Hatfield, AL10 0JY. The variation application sough to extend the premises opening hours to the public Thursday – Saturday to 13:00 – 03:30, Sale of alcohol Thursday - Saturday 13:00 - 03:30 on the premises, Late night refreshment Thursday - Saturday 23:00 - 03:30 indoors only and recorded music Thursday - Saturday 13:00-03:30 indoors only.

The Licence Hearing was convened as a result of the Licensing Authority receiving formal written relevant representations from Hertfordshire Police and the council’s Environmental Health team within the 28-day consultation period. The representations to the application were submitted under the Licensing Act 2003 on the statutory grounds of:

·       Prevention of crime and disorder

·       Prevention of public nuisance

Documentary Evidence

The report of the Licensing Officer, the variation application and supporting documents, along with written representations from the relevant authorities had been previously circulated.

Report of the Licensing Officer

The Licensing Officer presented the report, explaining that the representation received from the police was on the grounds of prevention of crime and disorder as well as prevention of public nuisance, whereas the representation from the council’s Environmental Health team was solely on the grounds of prevention of public nuisance.

The officer explained that the representation from Environmental Health was seeking for conditions to be added to the variation; stressing though that if subsequent complaints were received the team would be looking to call the licence in for review.

Hertfordshire Public Health had also responded to the variation during the consultation period and three conditions had been agreed with the applicant which would be added to the premises licence should the variation be agreed. These conditions are:

·       The licensee and staff will ask persons who appear to be under the age of 25 for ID.

·       All staff will be trained for underage sales prevention.

·       A register of refused sales shall be kept and maintained on the premises

The officer explained to the hearing the choices available to the panel:

·       To grant the variation of the licence as proposed.

·       To modify the conditions of the licence by altering or omitting or adding to them (and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added).

·       To exclude any of the licensable activities to which the application relates.

·       To refuse to specify a person in the licence as the designated premises supervisor.

·       To reject the whole of the application or part of it. 

The Applicant

The applicant’s representative, Mr Biodun Odunlami, spoke on his behalf.

He explained that the current licence was granted nearly four years ago and there have been no issues at the premises in the time period since then. He confirmed that the premises operates as a restaurant and the business prides itself on providing good service, good food and a good environment for its patrons.

Mr Odunlami explained that a large part of the restaurant’s clientele is that of students wanting to relax and take time off over the weekend, as well as families getting together. The additional hours requested to be added to the licence would make a lot of difference in terms of sales as there is a high demand for late night food in Hatfield especially from those groups of people.

Representation from Hertfordshire Constabulary

Alex Kettle-Stupka addressed the sub-committee, and the following points were made and noted:

·       The previous business operating at the premises was subject to a closure order and revocation of the licence. Though it is noted this is a separate business there are strong risks to extending the licence to cover the previous hours. The nature of the business and the location are the same so the issues will be the same.

·       The lack of incidents at the premises with the current hours of activity demonstrate that the change in operating hours from the previous business is working to prevent crime and disorder. Policing experience shows that later opening hours correlate with increasing crime and disorder; and that later opening hours often also has a draw effect, encouraging people to attend the location from further afield.

·       He stated that the applicant has proposed little to no measures to mitigate against any potential issues; with no last entry policy, no search on entry, no SIA or ID checks. The condition of alcohol only for sale with a meal has already proved to be ineffective as that was in place on the licence for the previous business.

·       He also stated that any disturbance or public nuisance that would result from an extension to 3am would affect a much wider area than just the immediate location as people would filter away to trains and taxis.

Representation from the Environmental Health team, Welwyn Hatfield Council

Liz Jakeman addressed the sub-committee, and the following points were made and noted:

·       The representation submitted on the grounds of public nuisance was based on experience; it is felt that the existing conditions of the licence are what makes the difference against issues experienced at the premises in the past (under different ownership). Changing the conditions and extending the hours of operation risks failure to meet the licensing objective of prevention of public nuisance.

·       The development of the town centre will increase the numbers of residents affected by any potential nuisance, and whilst the business’ attraction of extended hours is understood, the mitigation of nuisance to residents has to be the foremost concern.

Members asked questions of the applicant’s representative as well as of the representatives of Hertfordshire Constabulary and the council’s Environmental Health team and the following points were raised and clarified:

·       SIA staff are already in place at the premises during the evening and this would be extended through to closing time should the variation be granted

·       Under the proposed new licence, no new admittance would take place after 2am. Admittance would not be automatic, anyone not seen to be in a fit condition would not be allowed entry

·       The conditions discussed were all proposed by Environmental Health ahead of the hearing but not agreed by the applicant. Unless they are formally attached to the licence there is concern they would not be adhered to on a voluntary basis.

All parties made a final address to the sub-committee, whereupon the sub-committee retired to deliberate a decision.

Determination

The licensing sub-committee were not satisfied to grant the variation requested and agreed instead to extend all the licensable activities by one hour, with conditions based on those recommended by Environmental Health.

The full decision is as follows:

The Sub-Committee considered the application for a variation of an existing premises licence.

The Sub-Committee heard from the Applicants representative, Hertfordshire Police and Welwyn Hatfield Borough Council’s Environmental Health.

The Sub- Committee considered carefully the written and oral evidence and representations of all parties.

The Sub-Committee considered the licensing objectives of the prevention of crime and disorder, public safety, and the prevention of public nuisance, which were all raised in representations. It also considered the National Guidance and the Council’s Licensing Policy.

The Sub-Committee considered the area of the premises and its location, that it was located within Hatfield Town Centre with nearby residential properties.

The Sub-Committee considered the concerns of Hertfordshire Police with regards to previous crime and disorder associated with the site and at that premises, (Whilst the committee did note and understands it was under the previous owner’s operation at that site). It also considered the concerns of Environmental Health and disturbances to nearby residential premises.

Having considered the representations from the applicants representative and all parties, the committee were not satisfied to grant the variation of the licence as proposed in giving the extended hours requested by the applicant.

The Sub-Committee although not satisfied to grant the variation requested, agreed instead to extend all the licensable activities by 1 hour (the extensions are highlighted in bold):

·       Premises opening hours to the public - Thursday – Saturday 13:00 – 00:30.

·       Sale/supply of alcohol Thursday – Saturday 13:00 – 00:00 on the premises.

·       Late night refreshments Thursday – Saturday 23:00 – 00:30 indoors only.

·       Recorded music Thursday – Saturday 13:00 – 00:30 indoors only.

The Sub- Committee also considered that all concerns could be met by appropriately worded conditions and added those recommended by Welwyn Hatfield Borough Councils Environmental Health, (conditions numbered 1 – 6) with modifications at points 2, 3, 5 and 6 with no changes to point 1 and 4.

The amendments (highlighted in bold) are:

1.    Doors and Windows

Doors and windows to be kept closed whilst live or recorded entertainment is played in the premises (including karaoke), all external doors and windows must be kept closed.

Reason: To protect nearby residential properties from noise disturbance.

2.    Bottling out

The practice of “bottling out” (tipping of empty bottles or cans into refuse bins) shall not take place between the hours of 22:00 and 09:00 hours.

Reason: To protect nearby residential properties from noise disturbance

3.    Admittance to premises by customers

Customers shall only gain admittance to the premises up until 23:30 hours with no admittance permitted after this time for new customers.

Reason: To protect nearby residential properties from noise disturbance.

4.    Drinks not to leave premises

Drinks shall not be removed from the premises, and smokers shall not be able to take their drinks with them when smoking outside.

Reason: To protect nearby residential properties from noise disturbance.

5.    Monitoring for noise levels

On Thursday, Fridays, and Saturdays monitoring at 1 hour intervals until closing at 21:30 hours, 22:30 hours and 23:30 hours must be conducted by the premises manager or their representative to check noise levels from music emitted from the premises at the nearest residential properties. Noise levels must then be reduced if found to be too loud (at most just audible after 22:00 hours). A record of these actions and findings must be kept and made available for inspection by the Licensing Authority and Statutory Consultees.

Reason: To protect nearby residential properties from noise disturbance.

6.    Door supervisors

From 22:00 hours until closing on Thursday, Friday, and Saturday nights, two SIA accredited door supervisors must be in attendance at the premises and shall ensure compliance with conditions 1,3 and 4.

Reason: To protect nearby residential properties from noise disturbance

The Sub- Committee added the conditions already agreed by Herts Public Health (which resulted in them withdrawing their objections). These conditions are:

·       The licensee and staff will ask persons who appear to be under the age of 25 for ID.

·       All staff will be trained for underage sales prevention.

·       A register of refused sales shall be kept and maintained on the premises

In addition to this, the existing conditions to the premises licence are to continue with the above-mentioned amendments.     

The Sub-Committee felt that with conditions in place, the licensing objectives would be promoted.

The Sub-Committee considered the conditions are proportionate and appropriate given the extended hours sought, the location of the premises and the representations and objections made.     

Should any issues arise, because of its operation, the residents and responsible authorities would be able to bring a review of the premises licence which would bring the whole licence back before the Sub-Committee.

Our full determination with reasons for the decision will be published within 5 working days.

The parties are hereby notified that they may appeal against this decision to the Magistrates Court within 21 days beginning with the date of notification of this decision.