Agenda item

The Licensing Sub-Committee carefully considered the application for a premises licence at Fireaway Pizza, 53 Chislehurst Road, Chislehurst BR7 5NP.

The Licensing Sub-Committee made the following decision having regard to:

 

-  The four licensing objectives,

-  The Council’s current Statement of Licensing Policy (as amended)

-  Guidance issued under the Licensing Act 2003 (as amended); The Secretary of State Guidance issued under Section 182 of the Licensing Act 2003 (as amended),

-  Written and oral representations from the Applicant, 

-  Written and oral representation from local residents

-  Representation from Ward Councillors

-  Written representations from the Public Health Nuisance Team

-  Written representations from the Metropolitan Police

 

The Decision of the Licensing Sub-Committee was:

 

The Licensing Sub-Committee, on the 5th April 2023, considered the application as a whole, and decided to Grant the licence subject to the amendments made at the Licensing Sub-Committee Hearing, the following conditions were added :

 

That after 23:00 hours:

 

 (i) the premises should use electric  vehicles i.e scooter(s); and

 

(ii) to have a staff member managing the entry to the premises. 

 

The additional Metropolitan police conditions agreed by the applicant  see Appendix 4 pages 59 to 60 of the application bundle).  Link: Cttee Report Fireaway Pizza v1.2.pdf

 

 

Summary of the Hearing:

 

1. THE APPLICANT’S CASE

 

The Applicant’s agent summarized the application, that it was for Late Night Refreshment (LNR). It was not for the sale of alcohol. The applicant was requesting hours for LNR until 03:00 hours. The premises would use electric vehicle(s) after 23:00 hours. The restaurant doors would close at 23:00 hours. Notices (regarding the opening and closing hours) would be placed to inform all individuals seeking entry to the restaurant (especially after 23:00 hours).  There would be a member of the staff who would manage the door. There would be a delivery driver and an electric scooter would be used for deliveries.

 

The Applicant mentioned that whilst the premises formed part of a chain, it was a family business. The Applicant desired to work harmoniously with the community and would like dialogue to that effect. The catering business was currently struggling due to the current economic factors, the war and the rise in fuel prices. The Applicant fully accepted the Metropolitan Police Conditions noted in appendix 4 of the application bundle. The Applicant mentioned that the Fireaway was a franchise and had extensive experience of running licensable premises.

 

The Public Health Nuisance Team proposed operating hours for Late Night Refreshment (LNR) :

Sunday to Thursday - from 23:00hours to close at 00:00 hours

Friday to Saturday from 23:00hours and close at 01:00hours

 

Additional conditions were agreed with the Metropolitan Police by the Applicant, appendix 4 pages 59 to 60 Link: Cttee Report Fireaway Pizza v1.2.pdf

 

The Applicant expressed that the preferred hours for LNR as follows:

Sunday to Thursday - from 23:00hours to close at 01:00 hours

Friday to Saturday - from 23:00hours and close at 03:00hours (and mentioned the willingness to negotiate closing time of 02:00am)

 

The Applicant’s representative responded to a question relating to the entry point to the premises, saying that there is only one entry access to the above premises.

 

A member of the Licensing Sub-Committee asked about the issues regarding litter litter and whether the complaints had been resolved. The Applicant said he was not aware of any and that he would ensure that the litter issue was monitored rectified. Additional waste bins would be added if required.

 

Another member of the Licensing Sub-Committee asked about how the premises would distinguish how it looked when it was open for business (as a restaurant) and when the restaurant is closed and only the delivery was available.

 

The Applicant responded by saying that the premises staff would ensure that there was a Notice(s) which was clearly displayed, and it would also ask the customers to leave the restaurant quietly. The premises would update their apps and websites with any new information.

 

The Licensing Sub-Committee were informed by the Applicant’s representative that a member of the staff would be managing / having sight of the entry door to the premises between 23:00 and the time the premises closed. The points  relating to the increase of trade was queried and the applicant responded that it was not anticipated that there would be a huge increase, or that the increase would not be manageable. The Applicant intended that the extra hours being sought would assist in keeping the business steady. Regarding the electric scooter(s), the Applicant said that if the business did well, a second electric scooter would be added.

 

In summing up, the Applicant’s representative acknowledged the importance for the applicant to seek to integrate, and to be part of the local community. That where there are any concerns, they should be raised. The management ought to deal with the complaints and concerns.

 

2. REPRESENTATIONS, CONCERNS AND CLARIFICATIONS RELATING TO THE APPLICATION

 

The Council received a total of fifty-nine objections from residents, responsible authorities, and a Ward Councillor and one representation in support. At the hearing, two residents and a Ward Councillor spoke in objection to the application.

 

The objections can be summarised as follows, noise nuisance, litter, disturbance during delivery hours, and concerns in frequent change of the managers of the premises. The viability of the business (which is not a licensing concern), and the possible substantial increase in trade if the trading hours were increased.

 

Regarding the issues raised in objection to the application, in summary, the applicant’s representative responded as follows:

 

Noise nuisance, disturbance at the premises:  That the applicant would like to have a good neighbourly relationship with the residents. That they would inform the company(ies) delivering goods to the premises, to respect the neighbours and deliver within the agreed delivery hours. The Applicant’s representative said that the premises will use electric vehicles, a quieter means of transport. Food would be delivered after 23:00 hours until the close of trading hours. The EV scooter would be used for delivery of food from the premises.

 

The applicant stated that there would be an in-house staff member managing the door after 23:00hours until the time the premises closed. The lights in the restaurant would be dimmed (as there are no shutters since the premises is located in a conservation area). Notices would clearly be displayed at the door to deter any person(s) wanting to enter the restaurant after 23:00 hours.

 

The Applicant’s representative said that the Applicant did not expect a huge increase in trade, that the extra hours being requested would assist to increase the premises income. That it would cater for shift workers, (night trade), hence the need to try a different business model.

 

The premises would find out more information regarding litter issue and provide an extra waste bin(s) where necessary. The Applicant’s representative would take note of all the concerns and relay them to the Applicant and will ask him to ensure that he engaged with residents and build a good neighbourly relationship with them.

 

3. THE APPLICATION:

 

The Applicant’s requirements for the application were noted as follows:

 

Opening Hours for the Late-Night Refreshment

 

(i)  The Applicant’s preferred times:

 

Sunday to Thursday   23:00 to 01:00

Friday to Saturday   23:00 to 03:00

 

(ii)  The Public Health Nuisance Team preferred times

 

Sunday to Thursday   23:00 to 00:00

Friday to Saturday   23:00 to 01:00

 

The Licensing Sub-Committee having considered the application as a whole, plus the agreed conditions between the Metropolitan Police and the Applicant, decided to grant the licence.

 

(iii)  The Licensing Sub-Committee granted the above Premises License as follows:

 

Sunday to Thursday   23:00 to 01:00

Friday to Saturday   23:00 to 02:00

 

The Licensing Sub- Committee  added the following conditions :

 

That from 23:00 hours:

 

(a)  the premises should use electric  vehicles i.e scooter(s); and

 

(b)  to have a staff member managing the entry to the premises. 

 

 

The additional Metropolitan Police conditions agreed by the applicant  see pages 59 to 60 of the application bundle). Link: Cttee Report Fireaway Pizza v1.2.pdf( see below)

 

Conditions agreed with the Metropolitan Police:

 

• Ensure that signage is displayed by the main entrance/exit points reminding anyone leaving the premises to ‘please respect our neighbourhood and leave the premises quietly’ or similar wording to this effect.

 

• All of the delivery drivers shall be instructed to enter and leave their vehicles quietly and considerately, not to leave engines running to park considerately and at all times to have in mind our neighbours (particularly residential occupiers).

 

• The shutters will be closed at all times that customers are not permitted to be on the premises. From 2300hrs onwards, where the venue you operate as a delivery service only.

 

• Maintain an incident register that that is accessible on the premises. The DPS, or a member of management shall ensure that the details of incidents shall be added to the register within 24hrs of any incident. The following details shall be recorded:

 

o Date

o Time

o Location

o Persons concerned (or at least a description)

o Summary of incident o Identification of any Emergency Services Personnel who attended o Crime or appropriate reference number provided by the Emergency Services that relates to the incident and any linked incidents. (This is just a slight variation in the wording submitted by yourself in the Public Safety © Section)

 

The Metropolitan Police added a condition stating that shutters would be closed after 23:00. However, the Licensing Sub-Committee recognized the fact that the premises does not have shutters, was in a conservation area and the addition of shutters may contravene planning laws. The applicant did agree that all efforts would be made to make the premises appear closed after 23:00hrs and that staff would ensure that no members of the public could access the premises.

 

4. THE DECISION:

 

The Licensing Sub-Committee decidedGrant the application to vary the above premises License as amended, plus the additional conditions and to include the agreed conditions between the Metropolitan Police and the applicant (see paragraph 4 (iii) above).

 

a)  All the licensing objectives, the relevant licensing policies and guidelines relating to the above application were considered by the Licensing Sub-Committee.

 

b)  The Licensing Sub-Committee considered the application as a whole; both the written and oral representations, and all the steps which the applicant intends to take to promote the licensing objectives.

 

c)  The Applicant’s representative stated that would uphold the licensing objectives,  and accepted the additional Metropolitan Police conditions which promote the licensing objectives.

 

d)  The relevant Licensing Act provides for a review process for a licensable premises which may be utilized as and when required.

 

Therefore, the Licensing Sub-Committee believed that the reasons and conditions attached to the premises licence were necessary, in order to uphold all the licensing objectives.  The Licensing Sub-Committee in line with the relevant policies and guidelines made the decision that: the above variation of the premises license application be granted subject to the amendments made at the above Hearing as noted in this full decision.