Cafe hours extended despite ‘horrendous noise’ complaint
NEIGHBOUR CLAIMED CUSTOMERS KEPT HER AWAKE AND BLOCKED PARKING
AN Indian street food cafe in Nottingham has been granted an extended opening hours licence despite the resident who lives above complaining about “horrendous” noise and rowdy customers.
Chaiiwala, in Gregory Boulevard, typically closes at 11pm each night but recently applied for an extended opening hours licence from Nottingham City Council.
The matter was debated during a lengthy committee meeting, where a resident who lives above the street food and Indian tea cafe objected to the plans.
However, the licence to serve latenight refreshment until 1am, with closure by 1.30am, was approved.
A woman who lives in the flat directly above, questioned the approval of the licence following the month of Ramadan (which took place from April 12 to May 12 this year).
During Ramadan she said the cafe had remained open well beyond what was authorised and described the resulting noise as “horrendous”, leading her to contact Environmental Health officer Peter Mcevoy to conduct an investigation.
Walaiti Rathore, who represented Chaiiwala during the meeting, admitted the cafe remained open beyond what was unauthorised and said: “There was operation beyond 11pm, we put our hands up to that, but that’s all now been factored in as part of this process, moving forward that’s not going to happen and the only hours they will operate are the ones that operate now or the ones as part of this process.”
But the resident added: “To me that was my trial run in this situation and this is why I drafted Mr Mcevoy in because I just could not stand the noise and pollution coming from downstairs.”
Islam Hussain, an employee and shareholder for Chaiiwala, replied: “We are actually a construction group, that is our main area of expertise and Chaiiwala was an investment we made as part of the successful operation of our construction business.
“So rather naively we were not experts in licensing or hours of operation, so when we received communication from the council saying you were in [breach] of the licensing law we made every effort to pull the hours back to 11pm, seven days a week.
“I would like to apologise to the resident.”
As a result the owners at Chaiiwala applied for an extended opening hours licence.
During the meeting Mr Rathore said: “There is no logical basis of refusing the application.
“This is not an application for alcohol or regulated entertainment, this is an application for latenight refreshment.
“You may be aware that Chaiiwala is the fastest growing global brand and you may be aware that by brand design and other factors they have positioned themselves as a concept and space for people who wish to socialise in an alcohol and loud music-free environment and some of their stores nationwide have latenight licences which they operate successfully and therefore they have a proven track record in this industry.”
Mr Rathore said they had liaised with Nottinghamshire Police and Environmental Health to come upon a suitable proposal.
The initial plans to open until 2am, seven days a week, were withdrawn and eventually the authorities agreed a final proposal to allow Chaiiwala to potentially serve until 1am on Friday and Saturday, subject to approval from the licensing committee.
“We greed to further reduce the hours,” Mr Rathore said.
“We completely withdrew the application for latenight refreshment between Sunday and Thursday and we reduced the hours for latenight refreshment on Friday and Saturday to 1am.
“We also became aware there was only one objection representation. A resident who lives above the premises in a flat.
“We arranged and had a meeting with her with a view to hopefully resolving the matter amicably.”
The complainant was given the opportunity to come up with a counter-proposal, but Mr Rathore said they had received no official reply.
Instead she opposed the proposals, adding: “The noise is absolutely horrendous.
“There is a recording that has been done. Last night I was awoken again. The month of Ramadan I ended up having to come and sleep at my children’s house. I shouldn’t have to do that.
“I have been assaulted by customers that have been in Chaiiwala, just because I asked them can they move their car please so I can get on my drive.
“I have been spat at, I have had coffee thrown at me. This is all in the log with the police report where I have reported it.”
Mr Mcevoy, who was speaking not on behalf of Environmental Health but instead as part of his responsibility to investigate the noise under the Environmental Protection Act, explained the fundamental problem was that he deemed the noise coming from downstairs was “loud enough to prevent sleep”. However, Mr Rathore argued the resident’s complaints “were not enough to influence a licensing decision” and the committee should therefore only focus on the licencing matter at hand.
After some deliberation councillor Toby Neal, the chairman of the committee, said: “We are agreed that we will allow this licence, condition to a sign to be put up for residents’ parking.
“The licensing of this puts a lot more onus on the applicant to be a lot more responsible because they have to meet the objectives.”
Another condition includes the need for additional CCTV to be installed in due course.
I ended up having to sleep at my children’s house. I shouldn’t have to do that.
Complainant