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.

There were no declarations of interests made.

The rules of procedure were noted.

At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for (previously known as Virginia Off Licence and Supermarket) 59 Virginia Road, London E2 7NF. It was noted that objections had been received by local residents. 

At the request of the Chair, Mr Charlie Borrow, Applicant, explained that he had taken over the premises in March 2020 but due to COVID 19, everything had been delayed. He explained the nature of the business, a workspace to hold workshops to teach people how to manufacture small leather goods, such as wallets and other goods, also to showcase art, architecture, wine tasting etc. he explained that alcohol would be part of an unwinding session after the workshop finished in order to allow customers to enjoy a drink before they leave. It was noted that in future, the premises may be used for exhibitions and launch events which would also help fund the running of the premises. It was noted that only background music would be played, and having consulted with the police he had reduced the hours for sale of alcohol to 11.30pm

Members then heard from Susanna Kow, Tonje Petterson, Jonathan Moberly and Stan Everett, local residents, who all expressed similar concerns about the public nuisance suffered by residents in the area, such as cars parking up in the evenings playing loud music, people drinking and smoking inside in cars causing noise nuisance, and people congregating outside causing anti-social behaviour due to the night time economy in the area. It was noted that the premises was in close proximity to residential properties. It was further noted that the previous premises which was an off licence used to close at 10pm, even though they had a licence up till 11pm, and over the years this created a balance especially with residents with young families. There were concerns that the premises was on a 5 year lease and residents were concerned that when the lease expired, the licence might be transferred to new operators who might  then turn the premises into a bar with the benefit of what was now sought by the Applicant.  

In response to questions the following was noted:-

·       The applicant confirmed that he would only play background music, which is not regulated entertainment, and therefore cannot be the subject of the licensing regime.

·       That there would be one event per week to start off with and then possibly two, necessitating a premises licence, as temporary event notices would restrict the Applicant to a maximum of 15 events over a one year period.

·       That a lot of money had been invested in refurbishing the premises and the Applicant wanted to extend his lease in future to keep the premises for a longer term.

·       That each workshop session would be 3-4 hours long and then have drinks to finish off with.

·       Only selected premium drinks would be sold. 

·       That there was no evidence that public nuisance and ASB  ...  view the full minutes text for item 3.1

The Licensing Objectives

In considering the application, Members are normally 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 Sub-Committee carefully considered all of the evidence before them and heard oral representations at the meeting made by the Applicant and his Licensing Representative and from the one of the objectors and the Licensing Representative representing  objectors with particular regard to concerns over the prevention of public nuisance and the prevention of crime and disorder.    

The Sub-Committee noted the representations on behalf of the residents and from one objector in particular regarding the impact of another premises selling alcohol in the local area and the concerns relating to the likely disturbance to residents nearby. However, Members noted that the business model was clear that the premises would not be alcohol led, and that alcohol would be a small part of the range of products that the premises would be offering.

Whilst the Sub-Committee heard representations made by the Licensing Representative representing objectors, that the premises were close to a cumulative impact zone (CIZ) and would add to the cumulative impact, a CIZ is only relevant if the premises in question are within a CIZ, so the Sub-Committee could not apply the considerations which would otherwise have featured had the premises been in a CIZ.

The Sub-Committee noted representations made by the Licensing Representative representing objectors, regarding residents’ human rights. However, Licensing Sub-Committee decisions are made on the basis of what from the evidence is reasonable and proportionate to support the licensing objectives, which incorporate in themselves, reasonable and proportionate safeguards of the interests of those in the community.

The Sub-Committee noted representations made by the Licensing Representative representing objectors, that the premises are in an area covered by a Public Spaces Protection Order (PSPO). However, as stated, Licensing Sub-Committee decisions are made on the basis of what from the evidence is reasonable and proportionate to support the licensing objectives, and so the existence of a PSPO in the area in itself is irrelevant.

The Sub-Committee considered that on the balance of probabilities, there was insufficient evidence that the granting of the application would give rise to the issues raised by objectors. 

The Sub-Committee heard the Applicant’s proposal that there be a condition that no beer, larger or cider above 6% abv would be sold at the premises.

The Sub Committee heard from the Applicant’s Representative that the premises would be providing a variety of products ranging from organic foods, premium cuts of meat to general groceries and would not be alcohol led. Members were satisfied from answers to questions that granting a premises licence for the reduced  ...  view the full minutes text for item 3.2

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.

Nil items.