Agenda, decisions and draft minutes
Venue: Council Chamber - Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG. View directions
Contact: Simmi Yesmin, Senior Democratic Services Officer Tel: 020 7364 4120, E-mail: simmi.yesmin@towerhamlets.gov.uk
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DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 67 KB To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. See attached note from the Monitoring Officer.
Minutes: No declarations were made.
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To note the rules of procedure which are attached for information. Additional documents: Minutes: The rules of procedure were noted.
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ITEMS FOR CONSIDERATION |
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Additional documents: Minutes: At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed an application for a Time Limited premises licence for Normadic Community Gardens, Fleet Street Hill, London E1 5ES. It was noted that objections had been received on behalf of local residents.
At the request of the Chair, Mr James Wheale, applicant explained that it was a non-profit organisation and was using permission from land owner to use the gardens to host events, workshops and exhibit art work. He explained that in order to sustain the gardens there was a need to generate income and therefore had applied for a limited sale of alcohol, with a series of regulated entertainment to have a wider opportunity to use the gardens. It was noted that a number of universal activates would be introduced to help generate income to help keep operating the gardens.
Members then heard from Mr Charles Curran, Mr David Knight and Mr David Spurring, local residents who expressed similar concerns about graffiti on walls, noise nuisance, lack of management and security and the fact that it was a residential area. It was also noted that there had been an increase in anti-social behaviour since the gardens had been operating. Concerns were also raised about the sale of alcohol and how this would be managed and the fact that if a licence was granted then in actual fact the Normadic Gardens would be sponsored by loud and disruptive parties causing distress to local residents.
In response to questions from Members the following was noted;
- That noise was monitored on Sundays to ensure that it was at a level that had been agreed by Environmental Health. - That there was only one speaker where recorded and live music would be amplified from. - That the speaker was not pointed towards a direction where it would cause a rebound. - That residents had contacted the Police who advised them to contact the out of hours noise team. - That the Tower Hamlets Out of Hours Noise Team were called on a regular basis by local residents. - Universal activities included street art, portrait drawings, educational event, Sunday Camp Fire club which was popular and had grown in the numbers attending. - That music levels were set according to number of attendees. - That it was the third summer these gardens had been operating and if there had been so many complaints it was questioned why Environmental Health had not complained. - That there was no record of statutory complaints having been made. - That the condition set out on 8.2 of the report was not enforceable. - That the organisation has had successful TEN applications, where regulated entertainment and sale of alcohol had been granted. - That the applicant only attended the venue once a week on a Monday. - Mr Wheale stated that he was aware of how to maintain a safe and happy environment.
All parties were asked to make final submissions, residents ... view the full minutes text for item 3.1 |
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Additional documents: Minutes: Members listened to an application made by PC Mark Perry, Metropolitan Police who advised Members that a good compromise had been reached amongst all parties. It was noted that the cumulative impact zone was there to protect the community however each application must be considered on its own merit. In this case there was no crime and disorder associated with the premises and therefore no negative impact would be caused. It was also noted that there had been no complaints or enforcement actions against the premises and the new hours proposed did fall in line with other establishments in the local area. Therefore the agreed hours and conditions were noted and agreed by 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 licencing objectives:
Consideration
Each application must be considered on its own merit. The Sub Committee noted that the applicant’s representative and the objectors had agreed to amended hours and conditions prior to the consideration of the application. Members briefly heard from all interested parties and agreed to grant the application. Members believed that the amended hours and conditions agreed would help promote the licensing objectives.
Decision
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a Variation of a Premises Licence for Efes, 1 Whitechapel Road, London, E1 6TY be AGREED subject to the following conditions;
Hours for supply of alcohol (on sales only)
· Sunday to Wednesday from 10:00 hours to 00:00 hours (midnight) · Thursday to Saturday from 10:00 hours to 00:30 hours (the following day)
Hours for Late Night Refreshments
· Sunday to Wednesday from 23:00 hours to 00:00 hours (midnight) · Thursday to Saturday from 23:00 hours to 01:00 hours (the following day)
· Sunday to Wednesday from 10:00 hours to 00:30 hours (the following day) · Thursday to Saturday from 10:00 hours to 01:30 hours (the following day)
Conditions
1. The premises will operate a Challenge 25 scheme. Signage to this effect will be displayed on entrance. Passports, driving licence and proof of age cards bearing the PASS hologram will be accepted.
2. The DPS will undertake routine monitoring of the refusals register and record that this is being done.
3. All staff that makes sales of alcohol will receive regular training (induction and refresher)
4. An incident log shall be kept at the premises, and be available on request to the Police or an authorised officer. It must be completed within 24 hours of any incident and will record the following:
a) all crimes reported to the venue; b) all ejections of patrons; c) any complaints received concerning crime and disorder d) any incidents of disorder; e) all seizures ... view the full minutes text for item 3.2 |
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Application to Review the Premises Licence for Curry Bazaar, 77 Brick Lane, E1 6QL PDF 119 KB
Licensing objectives: · The prevention of crime and disorder · The prevention of public nuisance
Review Instigator: Licensing Authority
Review Supporters: · Metropolitan Police · Local Residents · Local Businesses
Additional documents:
Minutes: The Sub Committee listened to an application made by Mr David Dadds, Licensee’s Legal Representative who suggested that the application for Review no longer required a hearing as the applicant had withdrawn the application. Therefore any representations made to support the review should be dismissed as there was no application to consider. He stated that this must be the case as there was no application produced in the Agenda Pack. Ms Kathy Driver confirmed that she had withdrawn her representations and not the application itself.
Members sought legal clarification and were advised by Mrs Gurwinder Olive, Senior Licensing Lawyer, that under Section 5(2) of the Licensing Act, an Authority seised of a review application must have a hearing if any representations from interested parties remain and in this case it did even where the representations from the party triggering the review were withdrawn. She advised Members that in light of what Ms Driver had said it must be accepted that there was a live application for consideration. However it was accepted that the review application was not included in the report/agenda pack therefore Members would not be able to proceed with the hearing as it did not comply with the Hearing Regulations.
Decision
It was resolved that the matter be adjourned.
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EXTENSION OF DECISION DEADLINE: LICENSING ACT 2003 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.
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