Agenda, decisions and draft minutes
Venue: The Council Chamber, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
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.
Decision: No member declared any discloseable pecuniary interests.
Minutes: No member declared any discloseable pecuniary interests.
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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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MINUTES OF THE PREVIOUS MEETING(S) PDF 99 KB To confirm as a correct record the minutes of the Licensing Sub-Committee held on 23rd August 2017. Minutes: The minutes of the meeting of 23rd August 2017 were agreed and approved as a correct record. |
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ITEMS FOR CONSIDERATION |
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Variation of premises licence application - Agah, 43 Commercial Street, London E1 6BD PDF 131 KB Additional documents: Minutes: 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 has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance, the prevention of crime and disorder, and public safety.
Mohshin Ali, Licensing Officer introduced the report and referred Members to the various appendices within the report. He reminded Members of the licensing objectives and offered to answer any questions the Members may have in relation to this application.
Members heard from Mr Stewart Gibson (Licensing Agent for the applicant) who firstly offered the Applicant’s apologies for non-attendance before proceeding to explain why the Applicant had sought a variation of the licence.
Mr Gibson stated the application to vary could be seen in three parts: 1) to allow for the consumption of food and alcohol outside the premises; 2) to extend the hours in which the licensed premise operates and 3) a licence for late night refreshment.
Mr Gibson said the request for ‘off sales’ was with respect to the outside seating area and the applicant had applied for a table and chair licence which would cease at 10:00 p.m. Therefore his client accepted the condition stated in the Licensing Authority’s letter of 4th September, that the sale of alcohol should be ‘on sales only and ancillary to a sit down meal’ would apply to the outside seating area too.
With respect to the opening hours of the premises the applicant was seeking to extend the hours to 02:30 a.m. hours the following day, seven days a week. Mr Gibson explained the reason for requesting this extension was to allow the business to cater for private functions on the lower ground floor, with entertainment being provided until 01:00 a.m. the following day. Mr Gibson stated his client had offered up a condition that there would be ‘no entry for patrons after midnight’ so external people who had not had a meal at the restaurant would not be allowed entry.
With respect to the late night refreshments, this would allow for hot food to be served to patrons and any alcohol would be ancillary to food until 02:00 a.m. the following day. The applicant also sought to provide late night entertainment throughout the week until 01:00 a.m. the following day. In giving consideration to the licensing objective ‘Prevention of public nuisance’ Mr Gibson argued that because the private functions would be on the lower ground floor noise pollution would be limited and entertainment would be secondary ... view the full minutes text for item 4.1 |
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Additional documents: Minutes: 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 has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Mohshin Ali, Licensing Officer introduced the report and referred Members to the various appendices within the report. He reminded Members of the licensing objectives and offered to answer any questions the Members may have in relation to this application.
Members heard from Mr Cantor (Counsel for the applicant) who stated his client was seeking a late night refreshment licence and referred Members to pages 129 – 150 of the agenda. He said his client was not seeking a licence for the sale of alcohol and was looking to open until 02:00 a.m. Mon to Thurs and 3:00 a.m. Fri to Saturday and 12:00 a.m. on Sunday.
Mr Cantor continued that the Responsible Authorities had not objected to the application and that his client Mr Aziz had been in consultation with them. He said his Client was proposing to serve the last pizza 10 minutes before closing time in order to ensure the premises closed in time.
With respect to the licensing objectives, the applicant had addressed this in the application on pages 146-147 of the agenda. The objections in a form of a petition from 23 individuals refers to “fighting, shouting and loud talking” - page 165 but is it unclear if this is a general observation or relating to my clients premise. In relation to other premises nearby – page 157 there are some which are operating until 04:00 a.m. No complaints have been made to Environmental Protection and it is clear the Police do not have any concerns. Mr Cantor continued that the representations made by the objectors were hazy and his clients premises are a well-run business.
Mr Dilowar Hussain raised his objections stating that there was not much space inside the shop and therefore customers spilled into the street. He said the loud talking, shouting and fighting resulted in him being unable to sleep. He also said that the smell and rising heat from the Pizza shop was an issue and was affecting his quality of life.
Mr Dilowar Hussain continued in Bengali and the Chair of the Sub-Committee was reminded that proceeding should be conducting in English.
Mr Cantor stated that the application had to be considered on its merits and no new evidence was permissible. He said by way of compromise his ... view the full minutes text for item 4.2 |
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Application for a Premises Licence for Twisted LDN, 12 Batty Street, London E1 1RH PDF 95 KB Additional documents: Minutes: 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 has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Catrina Marshall, Licensing Officer introduced the report and referred Members to the various appendices within the report. She reminded Members of the licensing objectives and offered to answer any questions the Members may have in relation to this application.
Members heard from Mr Niall McCann (Legal representative for the applicant) who said his client was seeking a 24 hour licence to manage the commercial outlet of his online business. The concept was food with a twist and this had a large following. The business was not comparable to an ordinary takeaway service as there would be no customers picking up food from the premises.
Mr McCann said his client would accept a condition that customers shall not be permitted to pick up orders.
Most of the deliveries would be made by moped or push bike to customers place of work or home. He referred Members to the menu, which was tabled at the meeting and said that his clients were not at the low price point and envisaged mainly food deliveries with 10-20% being alcohol sales.
In reference to the objections raised by residents, Mr McCann said two issues needed to be considered 1) Public Nuisance – delivery drivers coming to and fro from the premises and 2) the legal framework hours.
In relation to Public Nuisance Mr McCann stated his clients would adopt robust conditions in order to ensure delivery drivers were not being a nuisance. He referred to the conditions outlined on page 227 of the agenda and stated his client would be happy to adopt all that were relevant to them. He further added Delivery drivers would be told ‘idling of their engines’ – for mopeds would not be acceptable and that drivers would need to wait inside the premises when picking up delivery orders. Mr McCann stated that roughly 50% of deliveries would be by push bike and therefore would not be causing a public nuisance. He added that because the delivery drivers would be going to and fro from the location in Batty Street, with would also assist in the wider problem in the area of drug dealers and prostitution as this would be deterred.
In reference to the framework hours Mr McCann referred Members to page 273 and the bullet points referred ... view the full minutes text for item 4.3 |
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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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