Agenda, decisions and 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.
Minutes: No declarations of disclosable pecuniary interests were declared.
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To note the rules of procedure which are attached for information. Additional documents: Minutes: The Rules of Procedure were noted by the Sub Committee.
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MINUTES OF THE PREVIOUS MEETING(S) PDF 95 KB To confirm as a correct record the minutes of the Licensing Sub-Committees held on 13th, 22nd & 27th November 2019.
Additional documents:
Minutes: The minutes of the meeting were agreed and approved as a correct record. |
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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 the application for a new premises licence for Shell, Old Ford, 445 - 453 Wick Lane, London E3 2TB. It was noted objections had been received from the Environmental Protection team and local residents however the former had withdrawn their objection on the basis of agreed conditions.
Members heard from the Applicants legal representative, Mr Leo Charalambides, who stated his client was a national operator of convenience stores and petrol stations. The hours for the sale of alcohol stated in the initial application had been amended in consultation with the Responsible Authorities and therefore, whilst he had empathy with local residents, no criticism had been made of the operating schedule and the conditions therein by the Responsible Authorities. Mr Charalambides stated his client Shell would be working closely with the new franchisee to ensure the licensing objectives were upheld.
Mr Charalambides stated that across the Shell network, not a single site had ever been subject to a review hearing and that the objective of the company was to provide an accessible convenience store for local residents. Mr Charalambides referred to Thwaites stating that case law stated members of the Panel ought to listen to the advice of the Responsible Authorities rather than individual complaints of anti-social behaviour which were much wider and did not specifically relate to the Shell, Old Ford site. With regards to the objection of Mr Dover, Mr Charalambides said the issues raised, regarding the ‘party wall’ was a ‘private nuisance’ consideration and therefore could not be considered as part of the Licensing process.
Mr Charalambides continued stating if the licence was granted it would provide protection for local residents, in the event it was reviewed or if the conditions in the operating schedule were not upheld.
Members also noted the concerns raised by the Objectors in particular the public nuisance caused by groups of motorbike and quad bike riders who revved their engines as well as the drunken antics of nightclub revellers and football supporters. Members heard from Mr Lloyd and Mr Dover about the affects the public nuisance was having on their daily lives. They said the issues were not limited to night time only but also occurred during daylight hours. Mr Lloyd stated that Shell ought to take more responsibility and be a responsible contributor to the local community as the gathering of riders happened on their forecourt. He said the possibility of alcohol being readily available to nightclub revellers would only further add to the problems the community was enduring.
Mr Dover read his written statement on pages 91 to 96 of the agenda. In particular, Mr Dover highlighted the lack of signage asking patrons to leave quietly and the gathering of bike enthusiasts revving their engines, urinating on the public highway and his property. In response to questions the following was noted:
- Kathy Driver confirmed the objections from Mr Lloyd and Mr Dover were ... view the full minutes text for item 4.1 |
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Additional documents: Minutes: At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for Cost Price, 41 Brick Lane, London E1 6PU. It was noted that the review had been triggered by the Licensing Authority and supported by the Metropolitan Police and Trading Standards.
At the request of the Chair, Mr Damian Doherty, Licensing Officer referred to his review application on pages 153-157 of the agenda. He explained that the premises had been reviewed previously by Tower Hamlets Trading Standards on 15th October 2013 and resulted in conditions being imposed onto the licence. It was also noted that on 10th March 2018 an alcohol test purchase was made by a Licensing Officer after the terminal hour at 01:15am the member of staff present who made the sale said that neither the Premise Licence Holder nor the Designated Premises Supervisor was available. Further offences which were noted were that a current copy of the licence was unavailable, the wrong summary was on display and there was not a refusal/incident book as required by one of their licence condition.
Mr Doherty also explained that on Friday 27th April at 23:15 hours, Council Officers attended the unlicensed premises known as Mexican Grille, 194 Mile End Road, this was also another business owned by Mr Mohammed Shilu Chowdhury, Premises Licence Holder for Cost Price. Officers ordered and received hot food and hot drinks and staff were informing customers that the restaurant closed at 1am. A written warning was issued and later an application was made for late night refreshments which was refused by the Licensing Sub Committee.
It was also noted that Mr Chowdhury was also the Premises Licence Holder at another off licence called Jerrin News at 90 Mile End Road, and this licence was currently suspended due to non-payment of the annual licence fee. Mr Doherty concluded that the licensee had no regard to meeting the licensing objectives, the premises continues to knowingly undertake unlicensed activity and clearly the licensee had not taken the prior review or prior prosecutions seriously enough to improve the management of the premises. He said that taking into account the history of the premises and the history of Mr Choudhury’s running of other premises within the Borough he proposed that the Sub-Committee should consider the revocation of the licence.
Members then heard from PC Mark Perry representing the Metropolitan Police who echoed the comments made by Mr Doherty and expressed concerns of trading outside licensed hours and even when found guilty in Court there had been no regard to rules and regulations and therefore not fit to run the premises and cannot be trusted to follow licence conditions.
Members also heard from Mr Nazir Ali, Trading Standards Officer, he expressed concerns that sales of tobacco products were made to persons under the age of 18 years on two separate occasions, on 13th April and 7th August 2018. He stated that ... view the full minutes text for item 4.2 |
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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.
Minutes: The Sub Committee agreed to extend the decision deadlines for the following applications;
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