Agenda item

The Application

The application as submitted sought a premises licence to provide late-night refreshment only from Monday to Saturday from 23.00 hours until 01.30 hours, and on Sunday from 23.00 hours until 00.30 hours. However, at the hearing, the applicant amended the application to apply for a premises licence to provide late-night refreshment only from Monday to Thursdays and Sundays from 23.00 hours until midnight. On Friday to Saturdays a licence from 23.00 hours until 01.00 hours the following day was sought. 

The case for the applicant:

The Committee was addressed by the applicant and by his representative. They explained that the most profitable time for the business was for the two hours after 11pm on Friday and Saturday. There was little profit outside of those hours. The business had its own drivers in cars and scooters. There could be additional drivers present from food delivery companies. In response to a question, the applicant confirmed that they had not sought an extension of the hours permitted under the planning permission which provided that the use shall not operate before 08.00 hours or after 23.00 hours on Mondays to Saturdays, nor before 08.00 hours or after 22.00 hours on Sundays.

The case for the objectors:

In addition to the written representations, the Sub-Committee was addressed by a ward councillor Tony Owen. He felt that even the amended hours could give rise to increased disturbance both at the front and rear of the premises. He also felt the amended hours could delay the dispersal of customers from other licensed premises that had an earlier closing time, to the detriment of residents.

Reasons for decision:

Members considered the amended application, the written and oral representations, the Council’s Statement of Licensing Policy and statutory guidance. Members noted that paragraph 22.1 of the Council’s Statement of Licensing Policy provides that the Council will not grant an application for a new premises licence or club premises certificate unless it is satisfied that all relevant planning permissions are in place where necessary. The applicant did not offer a satisfactory explanation why an amendment to the planning permission had not been sought. We could find no reason why the policy should not be applied in this case.

Members also noted that many of the shops in Chatsworth Parade have residential accommodation above, including above the application premises. We concluded that the grant of a licence would cause unacceptable disturbance to residents late at night with the noise from delivery vehicles coming and going. We also concluded that the proposed hours would encourage customers from nearby public houses to stay in the area rather than disburse and this could also result in unacceptable disturbance to residents late at night. We felt both the prevention of nuisance and the prevention of crime and disorder licensing objectives were relevant to our decision.

Decision:

That the amended application for the grant of a premises licence at the Trendspirit Ltd t/a Pizza Gogo, 4 Chatsworth Parade, Petts Wood BR5 1DF be REFUSED.