Members are reminded to consider the categories of interest, identified in the Code of Conduct for Members to determine: whether they have an interest in any agenda item and any action they should take. For further details, see the attached note from the Monitoring Officer.

Members are also reminded to declare the nature of the interest at the earliest opportunity and the agenda item it relates to. Please note that ultimately it is the Members’ responsibility to identify any interests and also update their register of interest form as required by the Code.

If in doubt as to the nature of an interest, you are advised to seek advice prior the meeting by contacting the Monitoring Officer or Democratic Services.

Councillor Sufia Alam declared a personal interest on item 3.3 Application for a variation of a premises licence for Enso Restaurant, 94 Brick Lane, London E1 6RL, on the basis that she had frequented the premises but confirmed that she had not discussed the application prior this meeting. 

The rules of procedure were noted.

At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Budgens Express, 287-289 Whitechapel Road, London E1 1BY. It was noted that an objection had been received by a local resident. It was noted that there had been no complaints over the past years.

At the request of the Chair, Ms Sally Hills, Licensing Representative on behalf of the Applicant explained that the Applicant wanted to extend his current hours for sale of alcohol due to the current pandemic crisis and loss of income due to lockdown. It was noted that the premises had had its current licence for 15 years and has had no complaints of crime or disorder or public nuisance. It was noted that there were no representations made by the Responsible Authorities and conditions had been agreed with the Metropolitan Police. Ms Hills formally amended the application and reduced the hours for sale of alcohol to 1 am, seven days a week.

It was noted that she had tried to contact the objector but has had no response.

It was noted that the objector was not present at the meeting and therefore the Sub-Committee would note and consider their written representation contained in the agenda.

There were no questions from the Members. 

The Licensing Objectives

In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licensing objectives:

1. The Prevention of Crime and Disorder;
2. Public Safety;
3. The Prevention of Public Nuisance; and
4. The Protection of Children from Harm.

Consideration

Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard oral representations at the meeting made by the Applicant’s Licensing Representative, and in the absence of the objector Members noted and considered the written objection contained in the agenda pack, with particular regard to the prevention of public nuisance.    

Members welcomed the efforts made by the Applicant in accepting and agreeing to the conditions proposed by the Metropolitan Police and also reducing the hours that had originally been applied. The conditions agreed gave Members assurance that the licensing objectives would be promoted.   

Members were satisfied that the reduction in hours would also help alleviate concerns arising from the local resident objector and reduce the risk of any disturbances.  and harm to children.

The Sub Committee was therefore satisfied that the granting of the variation would not negatively impact on the area and the conditions imposed would help promote the licensing conditions.

Accordingly, the Sub Committee unanimously;

RESOLVED

That the application for a Variation of the Premises Licence for Budgens Express, 287-289 Whitechapel Road, London E1 1BY be GRANTED.     

Sale of Alcohol (off sales)

Monday to Sunday from 08:00 hours  ...  view the full minutes text for item 3.1

At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Hoshi, 10 Toynbee Street, London E1 7NE. It was noted that objections had been received by officers representing the Licensing Authority and Environmental Health.

At the request of the Chair, Mr Rashpinder Mahal, Legal Representative on behalf of the Applicant explained that the hours applied for had been reduced to 10am to 7pm, that the premises was a Japanese grab and go service providing Japanese food and snacks. He explained that the floor plans initially had 2/3 stalls inside the premises for eating in but due to the current pandemic these had been taken out and confirmed they no longer needed the provision for on sales of alcohol.

Mr Mahal addressed the concerns of the Cumulative Impact Zone by explaining that the premises was a small premises with a capacity of less than 50 people, it was not alcohol led, there would be no consumption of food or drink in the premises and alcohol would only be sold ancillary to a meal, with staff regularly monitoring the outside area of the premises. Mr Mahal explained that there would be no regulated entertainment and signs would be displayed asking customers to leave quietly and respect the needs of local residents. It was also noted that litter bins would be provided inside and outside the premises and litter and waste would be collected and stored inside the premises pending waste collection.

He said they would be offering an online order service, the relevant age restrictions would be applied and alcohol delivery would be signed for and all staff would be trained on the responsible sale of alcohol.

Members then heard from Lavine Miller-Johnson, Licensing Officer and Nicola Cadzow, Environmental Health Officer, both expressing similar concerns that the premises was within the cumulative impact zone (CIZ) and not sufficient information was detailed in the operating schedule in order to rebut the presumption of granting a licence in the CIZ. Some of the other concerns raised by officers related to how the applicant would stop customers from bulk buying and then drinking in the street.

In response to questions the following was noted;

·       That the applicant was now seeking off sales only.

·       A maximum of two units of alcohol would be sold per order.

·       There have been no reported problems or complaints over the past years of trading.

·       The applicant agreed to accept the proposed conditions offered by them in agenda on page 158 as conditions should a licence be granted.

·       The hours sought in the application were confirmed as 10am to 7pm, seven days a weeks as there were some discrepancies in the report and application etc.

·       Staff would patrol the area on a regular basis to manage any customers outside and issues of litter.

·       That smoking would not be allowed in the immediate vicinity of  the premises.

·       That the contact details of the manger would be displayed in  ...  view the full minutes text for item 3.2

At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a new premises licence for Enso Restaurant, 94 Brick Lane, London E1 6RL. It was noted that objections had been received by officers representing the Licensing Authority, Environmental Health, Planning and the Metropolitan Police.

At the request of the Chair, Mr Altamasul Islam Khan, Applicant, explained that the premises was a Japanese/Thai Restaurant which currently had a licence until 12 midnight and were seeking to extend the hours for sale of alcohol, late night refreshments and regulated entertainment until 2am and until 4am for mainly online food delivery platforms. He explained that the variation in hours would allow customers  to stay in the premises longer and would satisfy customers demands.

Members also heard from Mr Mir Haque, Manager of the premises who explained that the premises would have no recorded music after 2am, there would be no DJs, and no live music to avoid public nuisance, and that they would instruct customers to leave quietly and assist them in calling cabs home etc. It was noted that he and the applicant had experience of managing late night premises, had good relations with the Spitalfields Resident Association forums and have had no objection from residents. He further explained that they had a strong team of staff, they would operate the Challenge 25 policy, ask customers to leave quietly and ensure no one congregates outside the premises.

At the request of the Chair, PC Mark Perry, Metropolitan Police, referred to his representation contained on pages 255-256 of the agenda and highlighted that the premises was in cumulative impact zone (CIZ) with high levels of anti-social behaviour in the area. He said there was very little detail explaining how the premises would not add to the cumulative impact in the cumulative impact zone (CIZ). PC Perry was therefore concerned about the lack of knowledge in his opinion shown by the applicant in relation to the licensing objectives and their interaction with the CIZ. PC Perry questioned why they wanted regulated entertainment until 2am, and expressed that these premises could potentially turn into a bar if the hours sought were granted. PC Perry highlighted that there were many late night venues in the area, and another set of late night premises would increase public nuisance and ASB already experienced in the area.

Members then heard from Ms Corrine Holland, Licensing Officer and Nicola Cadzow, Environmental Health Officer. Both expressed similar concerns regarding the lack of detail in the application as to how the application, if granted, would not add to the cumulative impact in the CIZ. Concerns were expressed over the excessive hours applied for. There were also concerns that delivery drivers will be talking outside, and idling their engines causing noise nuisance during the earlier hours of the morning. Ms Holland and Ms Cadzow  also highlighted the impact another late night premises would have on public nuisance and ASB in the area.

It was  ...  view the full minutes text for item 3.3

The Sub Committee may be requested to extend the decision deadline for applications to be considered at forthcoming meetings due to the volume of applications requiring a hearing.  Where necessary, details will be provided at the meeting.

Members agreed to extend the decision deadlines for the applications below to 31 January 2021; Licensing applications were extended due to the impact of the pandemic, and were adjourned under regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005, and was in the public interest to do so and did not require representation from parties of the application.