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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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BEFORE WALTHAM FOREST COUNCIL’S LICENSING SUB-COMMITTEE
SUMMARY OF PREMISES LICENCE HOLDER’S SUBMISSIONS
FOR NEW PREMISES LICENSING HEARING ON 16th JULY 2019.
• Church Lane Enterprises Ltd have applied for a premises licence under section 17 of
the Licensing Act 2003 are the proposed licence holder of the Premises Licence of
the premises. This Note is designed to assist the Members of the licensing sub-
committee, and all relevant parties, by summarising the Licence Holder’s
submissions and proposals in response to the objections to the application from the
“Interested Parties & Responsible Authorities” application. The director of “Church
Lane Enterprises Ltd has asked us to summaries the current matters at hand.
• On behalf of the proposed Licence Holder, may we firstly acknowledge the
objections made by Councillors Marie Pye, Councillors Jenny Gray & Councillor
Clyde Loakes (Labelled as “APPENDIX D” in the information pack) as well as
objection made by the Police Authority (Labelled as “APPENDIX E” in the information
pack).
• Due to the objections from the councillors & police authority against the application
Our client has responded by taking appropriately robust and serious steps with a
view to minimise any potential risk of crime & disorder, anti-social behaviour, public
nuisance & public safety as well as promoting the other licensing objectives
associated with the premises in the future.
• The proposed licence holder and operating manager (Mr H. Matraxhi & Mr M. Spahiu)
have completed both their Level 2 Award for Personal Licence Holders as well as
their SIA qualficiations in Door superivison (4 training modules & passed 3 exams -
SIA’s ‘Common’ module, Door supervision module, Conflict management module &
Physical intervention skills modules).
• The daily operation/function of the business will be in the hands of Mr H. Matraxhi &
Mr M. Spahiu (Premises DPS) and a small list of staff who will be in attendance on a
rota/part-time basis, due to the nature of the busiiness it is quite feasiable and
reasonable to presume that the premises would have no negative issues.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• We would also like to refer the licensing committee to the Section 182 government
guidance and also to Waltham Forest own licensing policy namely section 4.2.2
which states the following: “The Council has separated its planning and licensing
regimes to avoid duplication and inefficiency. Licensing applications will not,
therefore, be a re-run of the planning application. As appropriate, the Licensing and
Planning Committees will be kept informed of the situation regarding licensed
premises in the area, including the general impact of alcohol- related crime and
disorder.”
• More information is also found within Section 4.2.3 which states the following “In
general, the Council will expect that, prior to the submission of a licensing application,
the appropriate planning permission will have been granted in respect of any
premises both in terms of planning use and hours of operation. Circumstances may
arise when as a condition of planning permission a terminal hour has been set for the
use of premises for commercial purposes. In the event these (terminal) hours are
different to the licensing hours for the premises the applicant must observe the
earlier closing time. Applicants should be aware that premises which operate in
breach of planning permission may be liable to prosecution under Planning Law.”
• In addition to this point it is also worth noting that the premises layout, use class and
the equipment at the site has not changed significantly the premises has undergone
an extensitve and complete upgrade and renovation (Please see Annex B, C & D for
the before and after pictures).
• Following on from receiving the objections the operators were proactive and
approached the local authority in order to engage and constuct conditions which
would remove/address the concerns submitted by licensing & poice authorities and
and the “interested parties” in the area, in addition to this an introduction leaflet/lettter
as been circluated to the local residents invitiing them & informing them about the
proposal and the newly refunshied café/coffee shop coming to the area, and the
extensive investiment made into the building/business in order for patrons to enjoy
the facilities on offer.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• A open invite letter was also sent directly to the nearest residential properties on
Harrington & Vernon Road. This action resulted in positive support and
reaction/communication occuuring between the reisdents and the proposed
applicants and the nearest resident (Mrs Mohinder Kaur Chahil - 52 Harington Road,
E11 4QW) was heppy to provide us with written support to the application, there was
also positive engagement and encouragement from the residents of 54 & 55
Harrington Road (Annex E).
• The above shows that the premises operators have tried to engage with the
residents in the community in order to resolve the problems raised by the councillors
who suggested that potential problems may occur.
• Our detailed proposals are set out later in this document and will be verbally
expanded upon at the hearing. At first, we hope it will assist the sub-committee to
provide the following information about the premises and the evidence submitted by
police and residents.
Our premises
• The church lane area is of mixed commercial uses (on ground floor levels) and
residential uses (on the 1st and upper floor levels). This area is well served by public
transport with different bus routes and 24 hour central line less than a minutes’ walk
away.
• The primary function of the business is providing food and drink refreshments in a
calm warm ambiance with friendly courteous service; we want to provide a sanctuary
in which our customers are offered a comprehensive range of the highest quality
foods, coffees and desserts/sweets from around the world. Due to the nature of the
legislation any business which wishes to provide hot food or drinks to members of
the public after 23:00 hours are required to obtain the correct authorisation and that
is the reason behind the request for late night refreshment from 23:00 – 00:00
Sunday to Wednesday & 23:00 – 00:30 Thursday to Saturday within the application.
• The interested parties seem to have the confused the actual details of the application,
and we wish to clearly state that this premises is not and will not be a vertical
drinking establishment or any form of bar/night club, the primary function of this
premises is a café/coffee shop.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• The application has not included the provision for regulated entertainment i.e.
live/recorded music etc and this is detailed further by looking at the internal pictures
provided of the premises. The layout and décor is not styled in that type/fashion.
• The proposal for the sale of alcohol is limited to “On Sales” only and as such points
raised about the outside pavement area, the disused telephone box and street
drinking and drug dealing does not apply to this application, customers who
potentially purchase any alcoholic bevenrages will not be allowed to take such items
off the premises.
• In relation to the telephone box outside the premises, the applicant undertook the
time & expense in regards to securing the removal of the telephone box which has
been a point of contention due to the unlawful use of this structure by the various
persons who have been referenced to in the objections made by the Councilors and
Police Authority.
• Street drinkers and other criminal elements/persons have formed a major part of the
objections received against the application and as such we like to reiterate that these
types of people would not be served or allowed to use this premise. The function of
the business as well as the products and facilities on site would not be something to
attract these types of people.
• The only way street drinkers can indulge in anti-social behaviour is to visit a
premises/retailer with the facility for “Off Sales” the problem of street drinkers is
directly assosicated with busineses premises with this function, this premises has not
proposed for the function/faciitiy of “off sales” therefore the granting of this premises
licence application would not add to this problem in the area.
• It is understandable that concerns around issues relating to Anti-Social Behaviour,
street drinkers and drug dealing in the area have been raised, and as such both
proposed licence holder and operating manager have ensured that they have gone
above and beyond the requirements for a premises licence by gaining the additional
SIA Door supervisor qualifications, the specific and targeted modules provide the
required basis to deal with any potential issues in or around the premises.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• This qualification will also aid in the promotion of the 4 licensing objectives for the
premises and this qualification will ensure that while customers are on site and when
patrons leave the premises the dispersal of patrons will not cause issues/problems.
• The premises has also invested in a CCTV system for the internal and external areas
of the business, these external cameras are located directly outside the front of the
premises to ensure and deter any issues of crime & disorder and public nuisance.
• This premises has been designed to accommodate customers within the boundaries
of the business, again this business is a café/coffee shop with the proposed facility
for the sale of alcohol and as such will not permit customers to leave the premises to
cause a disturbance/nuisance in the neghbouring area, appropriate signage is
displayed reminding customers to respect the neighbouring area and disperse away
from the area in a quiet and respectful manner and this will be repeated by members
of staff.
• Customers leaving this premises will not be intoxicated nor will they be minded to act
inapproporately or use the premises incorrectly, this premises is not a bar/club so the
character of its patrons will be completely different to that type of establishment.
• There are several factors/measures which will ensure that this premises will not be a
source of disturbance/nuisance namely – the character and atmosphere of the
café/coffee shop and it customers, the members of staff running/operating the
business are trained in reporting issues to DPS or supervising manager on duty, and
will not tolerate inappropriate behaviour and would report it to the relevant authority,
the use of a comprehensive CCTV system will be able to pinpoint any relevant issue
or sources of nuisance and the members of staff will handle it accordingly.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• Below are the closest licensed premises in the area, and prior to submitting the
application for a premises licence these premises were looked at and the application
was formulated in order to ensure that the proposal would not be excessive against
the current licenses in the area:
Leytonstone Mini Market Off Licence – 33 Church Lane, Leytonstone,
London E11 1HG
Sala Off Licence - 31 Church Ln, Leytonstone, London E11 1HG
Sainsbury’s 14-15 Church Ln, Leytonstone, London E11 1HG
SFW Express Off Licence - 24-27 Church Lane, Leytonstone, London,
E11 1HG
Marrakech delight - 13 Church Lane, Leytonstone, E11 1HG London
The Olive Restaurant - 25 Kirkdale Road, Leytonstone, London E11 1HP
• We attach a series of photographs (found in Annex B & C) showing the smart
appearance of the premises to show the character of the premises’ being proposed
(which may not be immediately apparent when you are considering & reviewing the
hearing papers).
• Within the objection letter/emails other points outside the remit of the Licensing Act
2003 have been raised such as the location being close to a primary school and
being passed by children and parents on the way to and from the school, the
operation of a café/coffee shop would not create any issues for children or parents,
children wont be allowed on site without being accompanied by a responsible adult
and any persons under the age of 18 wont be served any alcoholic products.
• The point raised about the outside area being magnet for ASB and drinking in the
street, can not be associated with this application this premise is self contained and
has no impact on the outside area during the day or later in the evening.
• It is evident that points raised relate to the general bad current & past experiences
from other licensed premises which operated to a completely different scale,
business model and attracts a completely different clientele into the area.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• Even within the objection submitted by the Licensing Enforcement Officer Mr
Sherman Xavier it clearly states the level of support for the application for the sale of
alchol in the café/coffee shop environment, with the only real cause for concern
again relates to the actions of the “Off Licences” in the area.
• In relation to the other incidents detailed in the papers, we would make the following
points, while acknowleding that each complaint is being taken with the appropriate
consideration, but the constant aspect which is present throughout the
objections/complaints relates to previous historial problems with the area, and this
could not add to these issues when you consider the agreed control
measures/conditions for the premises, and in general these problems not associated
with this type of café/coffee shop.
Public Nuisance
• Following on from the letter drop and the posting of information on the local notice
board - Residents have made representations supporting the application which is a
positive step in ensuring that the premises becomes integrated into the community.
Further conditions
• In addition to the “conditions/measures” referred to in the application, the operators
proposes the following conditions and steps:
• Management are required to undertaken first-aid, fire safety and Health &
Safety training [the DPS is currently arranging for this training to take place];
• All staff members will be informed by the DPS/Licence Holder that they must
co-operate fully with any and all police investigations relating to incidents at
the premises as a condition of their employment;
• During the hours of operation of the premises, the DPS shall ensure sufficient
measures are in place to remove and prevent litter or waste arising or
accumulating from customers in the area immediately outside the premises,
and that this area shall be swept and or washed, and litter and sweepings
collected and stored in accordance with the approved refuse storage
arrangements by close of business.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Conclusion
• It is respectfully suggested that the conditions and measures now proposed by the
Licence Holder amount to the appropriate, necessary and proportionate steps
required to be taken to promote the four licensing objectives. The major points of
contention seems to relate to general problems being experienced in the area, and
some of these problems can be directly related to premises which provide “Off Sales”
when you investigate that street drinkers causing ASB issues are generally fueled by
the sale of cheap cans & bottles of large volume and high strenght alcohol which is
generally preferred by street drinkters with limited funds.
• The Licence Holder and DPS asks for the opportunity to demonstrate to the
responsible authority departments & councilors that they are worthy of being trusted
and working with everyone in the area to become fully intergated part of the
community.
• It is in the Licence Holder’s interests, as well as all the members of staff’s interests to
ensure that the business provides a positive experience to all customers and
residents in the area, and to ensure that no negative incidents occur. As there has
been significate level of investiment into this premises and a long lease has been
undertaken in order to make this business successful.
• Coming into the final aspects relating to this application we would like to draw
attention to the following aspects in relation to published guidance for the Licensing
Act 2003.
• There is no evidence that the issuing of a premises licence for this property would
increase the issues of crime and anti social behaviour and that the premises would
be a crime generator.
• Decisions would need to be evidence based and the need for this is contained in the
current guidance and should be in the Councils own Licensing Policy. I have
included some key ones below from the Guidance.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• 1.9 Section 4 of the 2003 Act provides that, in carrying out its functions, a licensing
authority must ‘have regard to’ guidance issued by the Secretary of State under
section 182. The requirement is therefore binding on all licensing authorities to that
extent. However, the guidance cannot anticipate every possible scenario or set of
circumstances that may arise and, as long as licensing authorities have properly
understood the Guidance, they may depart from it if they have reason to do so as
long as they are able to provide full reasons. Departure from the Guidance could give
rise to an appeal or judicial review, and the reasons given will then be a key
consideration for the courts when considering the lawfulness and merits of any
decision taken.
• 1.10 Nothing in this Guidance should be taken as indicating that any requirement of
licensing law or any other law may be overridden (including the obligations placed on
any public authorities under human rights legislation). The Guidance does not in any
way replace the statutory provisions of the 2003 Act or add to its scope and licensing
authorities should note that interpretation of the 2003 Act is a matter for the courts.
Licensing authorities and others using the Guidance must take their own professional
and legal advice about its implementation.
• LICENSING POLICIES
• 1.12 However, determining and publishing a statement of its policy is a licensing
function and as such the authority must have regard to the Secretary of State’s
Guidance when taking this step. A licensing authority may depart from its own policy
if the individual circumstances of any case merit such a decision in the interests of
the promotion of the licensing objectives. But once again, it is important that it should
be able to give full reasons for departing from its published statement of licensing
policy. Where revisions to this Guidance are issued by the Secretary of State, there
may be a period of time when the licensing policy statement is inconsistent with the
Guidance (for example, during any consultation by the licensing authority). In these
circumstances, the licensing authority should have regard, and give appropriate
weight, to the Guidance and its own existing licensing policy statement.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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LICENCE CONDITIONS – GENERAL PRINCIPLES
• 1.16 Conditions on a premises licence or club premises certificate are important in
setting the parameters within which premises can lawfully operate. The use of
wording such as “must”, “shall” and “will” is encouraged. Licence conditions:
• must be appropriate for the promotion of the licensing objectives;
• must be precise and enforceable;
• must be unambiguous and clear in what they intend to achieve;
• should not duplicate other statutory requirements or other duties or responsibilities
placed on the employer by other legislation;
• must be tailored to the individual type, location and characteristics of the premises
and events concerned;
• should not be standardised and may be unlawful when it cannot be demonstrated
that they are appropriate for the promotion of the licensing objectives in an individual
case;
• should not replicate offences set out in the 2003 Act or other legislation;
• should be proportionate, justifiable and be capable of being met, (for example, whilst
beer glasses may be available in toughened glass, wine glasses may not);
• cannot seek to manage the behaviour of customers once they are beyond the direct
management of the licence holder and their staff, but may impact on the behaviour of
customers in the immediate vicinity of the premises or as they enter or leave; and
• should be written in a prescriptive format.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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EACH APPLICATION ON ITS OWN MERITS
• 1.17 Each application must be considered on its own merits and in accordance with
the licensing authority’s statement of licensing policy where, for example, its effect on
cumulative impact is relevant.
• Conditions attached to licences and certificates must be tailored to the individual type,
location and characteristics of the premises and events concerned.
• This is essential to avoid the imposition of disproportionate and overly burdensome
conditions on premises where there is no need for such conditions.
• Standardised conditions should be avoided and indeed may be unlawful where they
cannot be shown to be appropriate for the promotion of the licensing objectives in an
individual case.
• 9.12 Each responsible authority will be an expert in their respective field, and in
some cases it is likely that a particular responsible authority will be the licensing
authority’s main source of advice in relation to a particular licensing objective. For
example, the police have a key role in managing the night-time economy and should
have good working relationships with those operating in their local area5. The police
should usually therefore be the licensing authority’s main source of advice on
matters relating to the promotion of the crime and disorder licensing objective.
However, any responsible authority under the 2003 Act may make representations
with regard to any of the licensing objectives if they have evidence to support such
representations. Licensing authorities must therefore consider all relevant
representations from responsible authorities carefully, even where the reason for a
particular responsible authority’s interest or expertise in the promotion of a particular
objective may not be immediately apparent. However, it remains incumbent on all
responsible authorities to ensure that their representations can withstand the scrutiny
to which they would be subject at a hearing.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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• Determining actions that are appropriate for the promotion of the licensing objectives
• 9.43 The authority’s determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and proportionate to what it
is intended to achieve.
13. APPEALS
• 13.6 The court, on hearing any appeal, may review the merits of the decision on the
facts and consider points of law or address both.
Giving reasons for decisions
• 13.10 It is important that a licensing authority gives comprehensive reasons for its
decisions in anticipation of any appeals. Failure to give adequate reasons could itself
give rise to grounds for an appeal. It is particularly important that reasons should also
address the extent to which the decision has been made with regard to the licensing
authority’s statement of policy and this Guidance. Reasons should be promulgated to
all the parties of any process which might give rise to an appeal under the terms of
the 2003 Act.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX A – FLOOR PLANS
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX B – PREMISES PICTURES – DETAILING BEFORE & AFTER
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX B – PREMISES PICTURES – DETAILING BEFORE & AFTER
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX C – MENU
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX D – MORE PHOTOGRAPHS - KITCHEN AREA
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX E – LETTER TO RESIDENTS IN THE AREA
Dear Neighbours,
We are happy to announce that your newly renovated coffee shop is almost ready for your pleasure. We are eager to treat you and your family to a
unique and encompassing experience. You may be aware that we are a new business to the area. The primary
function of our business is providing coffee in a calm warm ambiance with friendly courteous service; we want to provide a sanctuary in which our
customers are offered a comprehensive range of the highest quality coffees and desserts/sweets from around the world.
We feel that this would be a good opportunity for the residents in the area to be introduced to our business and for us to get to know each other, and
enjoy the area where we live & work. Please take this letter as a general introduction/invite to come into the premises and try any of our products/items.
We would like to offer you the opportunity to put forward your views as we
value the opinions and suggests made by any residents/customers. We have been told about various anti-social and crime related issues which
have occurred in the area in the past and we feel that having a premise such as our improves the vicinity and helps to attract a higher calibre of clientele
to the area, not those types which descend on the area in order to become completely intoxicated or act in a manner which could be described as anti-
social. This move away from these types of places will help improve the entire the area creates a turning point against all the problems of the past.
Please take the time to come into the coffee shop or give us a call/email. We feel that together can help improve the area for its residents and businesses.
If there are any issues/problems please feel free to contact me, at any time. Yours sincerely
Halit Matraxhi [email protected]
07500 702 672
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX F – LOCAL CONSULTATION/LETTER DROP IN THE AREA
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX G – LOCAL CONSULTATION / NEIGHBOUR REPLIES
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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ANNEX I – MR H MATRAXHI WITNESS STATEMENT WITNESS STATEMENT: Mr H MATRAXHI (Director) Church Lane Enterprises Ltd Declaration: This statement is true to the best of my belief and knowledge. As the Premises Licence is listed as a limited company (Mr H Matraxhi is the company director), the daily operation/function of the business will be in the hands of either or both of Mr H Matraxhi & Mr Meroman Spahiu (Both have Passed their Personal Licence and SIA Door Supervisors qualifications - Premises DPS) and a small list of staff who will be in attendance on a rota/part-time basis, due to the nature of the proposed business it is not likely that there will be any negative impact created. In total there will be 8 bar and serving staff working either full time or on a part time rota basis. After receiving the objections the operators were proactive and approached the local authority in order for them to act a mediator in regards to the concerns submitted by the “interested parties/residents” in the area. In addition to this an introduction leaflet/letter was circulated to the local residents, inviting them to come into the coffee shop to experience how the business is operated in order to alleviate any concerns. The above shows that the premises operators have tried to engage with the residents in the community in order to resolve the problems raised in the letter of objection but unfortunately this engagement has been refused. Indeed the applicant is totally committed to ensuring that the coffee café/coffee shop adds real value to the community and provides a service for the long term. This is evidenced by the fact that company has invested over £200, 000 in refurbishments and development. Our Premises The area is of mixed commercial use (on ground floor levels) and residential uses (on the 1st and upper floor levels). The residential area above is occupied solely by the director, Mr Matraxhi. This area is well served by public transport with the Leytonstone central line underground station and also 11 different bus routes which includes a night buses. Although there are residential premises located adjacent to one side of the premises and at the rear of the external area there is no premises to the other side as the property occupies a corner plot. The adjacent premises is separated by a wall approximately 5 metres in height and by a retractable roof over the courtyard of the applicant’s premises. There are no windows on the adjacent wall. The rear wall rises to about 10 metres at its highest and there are no over-looking windows into the court yard of the applicant’s premises from this neighbouring property. The court yard of the applicant’s premises in set back from the wall which borders the courtyard and the street. The physical layout of the premises and the neighbouring properties means that there is likely to be little to no noise disturbance to neighbouring properties. Indeed the resident living at the property which borders the rear wall of the applicant’s premises has written into the licensing authority to support the application. The primary function of our business is providing coffee in a calm warm ambiance with friendly courteous service; we want to provide a sanctuary in which our customers are
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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offered a comprehensive range of the highest quality coffees and desserts/sweets from around the world. Due to the nature of the legislation any business which wishes to provide hot food or drinks to members of the public after 23:00 hours are required to obtain the correct authorisation and that is the reason behind the request for late night refreshment from 23:00 – 00:30 within the application. Although the business intends to serve alcohol it appears that the interested parties seem to have the confused the actual details of the application, and we wish to clearly state that this premises is not and will never be a vertical drinking establishment or any form of bar/night club, the primary function of this premises is a coffee shop serving food. The application has not included the provision for regulated entertainment i.e. live/recorded music etc and as can be seen from the internal pictures provided of the premises the layout and décor is not styled in that type/fashion. Indeed the premises have been designed with an emphasis on people sitting in a coffee shop style environment and with a focus on proper food served in an integrated brand new kitchen. The proposal for the sale of alcohol is limited to “On Sales” only and as such points raised about clearing/fishing cans and bottles out of front gardens does not apply to this application, customers who potentially purchase any alcoholic beverages will not be allowed to take such items off the premises. A few metres away from the premises is a bus terminal which is serviced by 11 different bus routes which includes a night buses and the 24 hour central line Leytonstone Station underground the premises has been designed to accommodate customers within the boundaries of the business, again this business is a coffee shop with the proposed facility for the sale of alcohol and as such will not permit customers to leave the premises to cause a disturbance/nuisance in the neighbouring area, appropriate signage is displayed reminding customers to respect the neighbouring area and disperse away from the area in a quiet and respectful manner. Customers leaving this premises will not be intoxicated nor will they be minded to act inappropriately or use the premises incorrectly as the premises is not a bar/club so the character of its patrons will be completely different to that type of establishment. There are several factors/measures which will ensure that this premises will not be a source of disturbance/nuisance namely: the character and atmosphere of the coffee shop and it customers; the members of staff running/operating the business are trained in reporting issues to DPS or supervising manager on duty, and will not tolerate inappropriate behaviour and would report it to the relevant authority; the use of a comprehensive CCTV system will be able to pinpoint any relevant issue or sources of nuisance so that members of staff can handle it accordingly.
Licensing Sub-Committee Church Lane Enterprises Ltd Tuesday 16th July 2019 34 Church Lane Additional Support Information Leytonstone, London E11 1HG
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Below are the closest licensed premises in the area, and prior to submitting the application for a premises licence these premises were looked at and the application was formulated in order to ensure that the proposal would not be excessive against the current licences in the area Leytonstone Mini Market Off Licence – 33 Church Lane, Leytonstone, London E11 1HG Sala Off Licence - 31 Church Ln, Leytonstone, London E11 1HG Sainsbury’s 14-15 Church Ln, Leytonstone, London E11 1HG SFW Express Off Licence - 24-27 Church Lane, Leytonstone, London, E11 1HG Marrakech delight - 13 Church Lane, Leytonstone, E11 1HG London The Olive Restaurant - 25 Kirkdale Road, Leytonstone, London E11 1HP In an effort to respond positively to the representations received the company have agreed to several conditions proposed by the licensing enforcement officer, Sherman Xavier, in his letter dated 23rd May 2019. All of these conditions have been agreed to in full save in respect of condition 2 on page 1 of the letter under the title “The Prevention of Public Nuisance”. In this condition the officer proposed that a maximum of 5 persons shall be permitted to use the smoking area at any one time after 2200 hours. This condition has now been agreed with the number of persons being 6. These conditions provide a very significant safeguard against the concerns of those making representations although our view is that due to the nature of what is proposed there is no real prospect of this establishment causing any negative impact.