Agenda item

To consider a new Premises Licence application for Oceanic Eats X Amala Buka, 1a Cuxton Road, Strood, Rochester following the submission of representations, received during the consultation period.

Discussion:

The Chairperson explained the process that the hearing would follow as outlined on page 4 of the agenda.

The Assistant Licensing Manager informed the Panel that the applicant had applied for a new Premise Licence for Oceanic Eats X Amala Buka, 1A Cuxton Road, Strood, Rochester, Kent ME2 2BT.  All responsible authorities had been consulted with the Licensing Act 2003 and representations had been received from three Ward Councillors and Kent Police.

The application was for:

Sale by Retail of Alcohol (On and Off Sales) and Late Night Refreshment

Daily 24 hours

Recorded Music and Live Music

Friday and Saturday 20:00 to 03:00

Sunday 20:00 to 01:00

Non-standard timings Easter Monday, 25 and 26 December 20:00 to 02:00

Amended timings and conditions had been agreed with Kent Police on 6 May 2025 and were found in Appendix D.

The Chairperson invited the applicant to speak in support of their application. 

The applicant confirmed that she had met with Kent Police, and they had agreed to amend the licensing hours. CCTV recordings would be provided and closed signs would be displayed when the premises was closed to the public.  Challenge 25 policy would be adhered to.

The Chairperson asked the objector if they had questions for the applicant and the Ward Councillor stated that they welcomed the introduction of new investment to Strood North, however, she was concerned with the opening hours, as it was in excess of the opening hours of other establishments in the local area.

The Ward Councillor showed a map of the premises, which was located on a busy junction and she had health and safety concerns regarding the location.  She explained it could attract more customers, and concern was expressed with people going in and out of the premises.  Outside the premises was a narrow pathway, which if people congregated outside, could cause some people to have to stand in the roadway.

Following a question from the Ward Councillor, the applicant explained that tables were provided for a maximum of 16 people to sit in the restaurant. Customers could also sit down whilst waiting for their take away, however, she did not expect queues of people waiting to either be served or to take their food away.  Delivery drivers would be informed when their take away was ready and they could park near the premises and come in to collect orders.

The applicant confirmed that the opening hours agreed with Kent Police for Friday night until Sunday morning would be for deliveries only up to 03:00.  Alcohol had to be delivered to a designated address from 01:00 to 03:00.  Customers could not order alcohol and stand outside drinking it.

The applicant confirmed that delivery drivers could park close by either at the Cuxton MOT garage, Gunn Lane carpark, Shell Petrol Station and there was also free on street parking nearby.

The Ward Councillor asked how the applicant would deal with anti-social behaviour, if it were to happen either in or just outside the premises?  The applicant confirmed that CCTV would be in place, she would not tolerate any anti-social behaviour and if she suspected anything she would call the Police.

The applicant explained that after 01:00 until 03:00, two staff members would be on duty and if she knew it was going to be busier there would be three staff members on duty. 

The Panel questioned the applicant as to why the opening hours were so long compared to other restaurants or take aways in the area, the applicant explained that she wanted to bring something new to Kent, to bring the community together and cater to everyone’s needs.

The Panel confirmed that the applicant planned on having special live music events on Easter Monday, Christmas Day and Boxing Day.  The applicant informed the Panel that for those special events and other small events she would inform neighbours when a music event would take place.  Small events would be booked in advance, such as for birthday parties, and the applicant would know the numbers of people attending.  

The applicant confirmed that the delivery drivers were normally quiet and would not have their music loud.  If there was an issue, then she would speak to the driver, if it persisted then she would report the driver to Uber Eats.

The Panel were concerned with the small outside area, the applicant explained that no tables would be located out there, and she had thought of using the space as a smoking area.  The applicant confirmed that there was only one fire exit, and the toilets were for mixed use.

The Panel asked, when the applicant met with Kent Police if it was discussed that a new window that would deaden the noise would be installed, the applicant advised that a company had not yet been commissioned to install the window, however, this would be arranged shortly. 

The applicant confirmed that training would be given to all staff, updated on an annual basis and any incidents recorded, as agreed with Public Health and Kent Police.

The Panel asked whether the applicant knew the premises was located within a Stress Area and did she consider the opening hours acceptable for the area.   The applicant explained that she wanted to bring something new to the area and wanted to cater for people who wanted to eat late.

The applicant went through the four licensing objectives explaining how she would address them which included using CCTV, keeping the recording for a minimum of 31 days, keeping records of any incidents, making sure that children were not exposed to anything that they should not be.  There would be no children on the premises late at night and they would always be accompanied by an adult.

The applicant clarified that background music would be used when customers were eating.  She confirmed that if customers wanted private events with live music, it would be booked in advance. 

The objectors were then given the opportunity to express their concerns.

The Ward Councillor expressed her concerns regarding the location of the premises and the proximity of the junction.  Could the applicant rely on take aways only and not have people sitting in the restaurant?  Having live music in the restaurant until 01:00 could have a detrimental effect on the local residents.

The applicant was given the opportunity to ask the objectors any questions and stated that Kent Police had suggested not allowing customers into the premises after 01:00.  Between 01:00 and 03:00 only take aways would be provided.   She confirmed that an acoustic mirror, that would deaden the noise, was being installed shortly. 

The applicant confirmed that to deal with anti-social behaviour, she would not allow customers or members of the public to linger outside her premises.

The Panel asked the Ward Councillor as she was representing local residents, where their concerns regarding traffic, noise or the opening hours.   Had you considered that the premises was located within a Stress Area hen you objected to this application, were you looking at the premises being within a Stress Area.  The Ward Councillor confirmed that the hours were a concern as the premises would be open after other premises in the area.

In summing up, the objector asked why the applicant could not rely on delivery services for customers only and why were the opening hours so long.  

In summing up, the applicant stated that McDonalds was opened 24 hours daily. 

With the exception of the Legal Representative and the Democratic Services Officer, all present, left the room during the Panel’s deliberations.

Decision:

The Panel, having considered all the written evidence and listened carefully to the oral evidence presented by the applicant and objector decided to grant the premises licence for Oceanic Eats X Amala Buka, 1A Cuxton Road, Strood, Rochester, Kent ME2 2BT with the following conditions:

• On and off license sales from 09:00 to 23:00 Sunday to Thursday
• On and off license sales from 09:00 to 01:00 Friday and Saturday

• Recorded and live music: 09:00 to 23:00 Sunday to Thursday and 09:00 to 01:00 Friday and Saturday
• Acoustic soundproofing to be installed.
• A minimum of 2 staff members to be on duty from 20:00 until close.
• Events must be pre-booked.
• Except for the opening hours, all other conditions as agreed with Medway’s Public Health Team and Kent Police be observed.