A fast-food establishment has been granted a new premises licence despite concerns raised by a local resident regarding late-night operating hours.
The Licensing (2003 Act) Sub-Committee of Newham Council approved the licence for BIMS, located at 156 The Grove, Stratford, E15 1NS. The licence permits the serving of late-night refreshments from Monday to Sunday, between 11:00 PM and 4:00 AM, with the premises open daily from 7:00 AM to 4:00 AM.
A resident, Harry Rog, had lodged an objection, citing worries about noise, loitering, and potential disturbances from customers and cooking smells. Mr. Rog also highlighted that the premises are situated within a Cumulative Impact Zone (CIZ) and that the proposed hours fall under Newham's cumulative impact policy.
The specific criteria for a Cumulative Impact Zone (CIZ) in Newham, and how BIMS's location within one typically influences licensing decisions, were discussed. The applicant's counsel, David Dadds, explained that the cumulative impact policy is a strong statement of intent
and removes a rebuttable presumption.
However, he also noted that the policy should never be absolute
and that each application on its own merits.
He further clarified that the cumulative impact policy does not change the fundamental way licensing decisions are made
and that the authority can grant an application if the applicant demonstrates they would not add to cumulative impact. The policy should not impose quotas and must consider the individual characteristics of the premises. The guidance also states that cumulative impact policies should not be used as grounds for revoking existing licenses.
Mr. Rog stated that the application needs to be considered in the context of the existing problems and activity in the area, rather than in isolation.
Mr. Dadds addressed this by explaining that the original concept of cumulative impact was about the simultaneous dispersal of persons leaving on-premises
and that this has evolved. He argued that the policy is not about having more late-night refreshment premises, but rather about the concentration of licensed premises and the resulting issues. He emphasized that the policy is a strong statement of intent
but that each application must be considered on its own merits and that the policy does not impose quotas. He also highlighted that there was no evidence from responsible authorities to suggest that this application would undermine the licensing objectives or the cumulative impact policy.
David Dadds, counsel for the applicant, HAT DISTRICT LTD, argued that the application should be granted as no objections were received from responsible authorities such as the police or environmental health. He described the resident's objection as a private objection
rather than a public nuisance
because only one individual had made a representation.
He further elaborated that for an objection to be considered a public nuisance, there has to be more than one of his majesty's subjects who are affected by the noise nuisance or alleged noise nuisance.
Therefore, a single objection is considered a private nuisance, and the committee's discretion is engaged only if there is a public nuisance. The sub-committee granted the licence because the resident's objection was considered a private objection
and the burden of proof lay with the objector to demonstrate how the licence would undermine the licensing objectives. The sub-committee also noted that there were no objections from responsible authorities and that the applicant had proposed a comprehensive set of conditions.
Following deliberation, the sub-committee decided to grant the licence with the proposed hours and all conditions listed in Appendix B of the reports pack. These conditions include:
- Installation and maintenance of a comprehensive CCTV system covering all public areas, entry, and exit points, capable of facial identification in any light condition.
- Continuous recording of CCTV footage while the premises are open to the public, with recordings kept for a minimum of 31 days with date and time stamping.
- Availability of at least one staff member conversant with the CCTV system to show footage to police or authorized officers upon request.
- Maintenance of an incident log for a minimum of 12 months, readily available for inspection by police or authorized officers. The log should record:
- The name of the person responsible for the premises.
- All calls from residents or neighbors regarding noise, nuisance, or anti-social behavior, including caller details, time/date of call and incident, and actions taken.
- All other incidents of noise, nuisance, anti-social behavior, or crime known to staff, noting if the police were called.
- Display of prominent notices at all public exits requesting customers to respect local residents, leave quietly, and dispose of litter responsibly.
- Induction and refresher training (at least every 12 months) for all relevant staff regarding the premises licence conditions.
- Children under 16 permitted only if accompanied by an adult after 11:00 PM.
A full written decision will be issued to the applicant within five working days. Parties who have taken part in the hearing may appeal against the decision to the magistrate court within 21 days.
