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 117 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: There were no declarations of interests 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, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for Jack the Chipper, 74 Whitechapel High Street, London E1 7QX. It was noted that objections had been received by Officers on behalf of the Licensing Authority and Environmental Health.
At the request of the Chair, Mr Kevin Morris, the Applicant’s Business Consultant explained that he was not the agent at the time the application was first made and had only recently taken this case on. He explained that the Applicant had spent £100k on refurbishments to the premises and the rent and rates for the premises was high.
He explained that there had been a breakdown in the relationship between the previous agent and the applicant, and the applicant had assumed that the premises had a licence as the previous business that occupied the premises had a premises licence. However this licence lapsed in 28 August 2019. The applicant was unaware of this and was unaware that he could not sell alcohol. The applicant accepted that there had been a breach of the Licensing Act 2003 on his part regarding unlicensed selling of alcohol. Mr Morris explained that had he been the agent at the start of the process he would have explained to the applicant what he could and could not do.
He explained that subject to consultation with the Police, the hours applied for had been reduced to 12 midnight Sunday to Wednesday and 1am on Thursday to Sunday. It was noted that restricting the hours would help reduce noise levels.
Members then heard from Ms Kathy Driver, Licensing Officer, who referred to her statement on pages 61-68 of the agenda and explained that she was objecting on the basis that the premises was within the Brick Lane Cumulative Impact Zone (CIZ). She further explained that the premises had been brought to the Council’s attention when officers from the Tower Hamlets Waste Enforcement Team had found dumped waste, including receipts from these premises. A check of those receipts against licensing records confirmed that there was no licence in place and therefore, a warning letter was sent to the premises on 23 September 2019, advising them to cease the sale of alcohol and any other licensable activities. Following this, there was a successful test purchase, on 29 November 2019, when officers were able to make a purchase of hot food at 11.27pm and therefore, a further warning letter was sent.
Ms Driver was surprised that despite the warning letters, the applicant continued to trade without a licence. She asserted that the applicant did not understand the laws and regulations regarding licensing, and therefore she was not confident that he would comply with conditions and promote the licensing objective. Ms Driver also stated that Applicant nor his representative have addressed the issues of the CIZ and have not demonstrated how he would not negatively add to the cumulative impact zone. Ms Driver concluded that that the ... view the full minutes text for item 3.1 |
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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 transfer of the premises licence for Queens Head, 8 Flamborough Street, London E14 7LS. It was noted that objections had been received on behalf of the Metropolitan Police.
She explained the current licence was recently reviewed on 2nd April 2019 during which the provision of regulated entertainment and the individual named as the Designated Premises Supervisor (DPS) were removed from the premises licence. The licence was surrendered by the previous licence holder, H Company 6 Limited, on 19th September 2019. As the licence was surrendered, an application could be made under Section 50 for reinstatement of the licence by transferring the licence within a period of 28 days after the licence lapsed. At the request of the Chair, Ms Sarah Le Fevre, Barrister for the Applicant explained that the transfer is to the company that currently operates the business. In her submission she highlighted the following;
1. That there was limited jurisdiction in a transfer application, as only police could object and an application could only be rejected on the basis of crime and disorder. 2. There was no evidence of crime and disorder 3. That the previous review application was resolved by consent by both parties as issues had been resolved.
It was noted that over the last nine months since the review of the premise licence, there had been no complaints and the incidents that had been referred to in the police objection were from 2018, which was dealt with in the preceding review of the premises licence. The then DPS had been removed, and a new DPS, Mr Steve Fairman had been operating the business with no repeat of previous problems. Ms Le Fevre explained that a new application for a new premises licence had been made in case the transfer application being considered was unsuccessful. It was noted that if the transfer was granted, then a further transfer to Mr Fairman would subsequently be sought.
Members then heard from PC Mark Perry who referred to his representation contained in the agenda and stated that Mr Jefferies was not a fit and proper person. PC Perry explained with reference to his written representations why he believed that Mr Jefferies would not uphold the licensing objectives with regard to the prevention of crime and disorder nor adhere to the conditions of a premises licence. PC Perry asserted that Mr Jefferies was therefore an unsuitable person to hold a premises licence. He briefly went through his representations on pages131-132 of the agenda pack, and highlighted incidents relating to the previous ... view the full minutes text for item 3.2 |
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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: There were no applications that required extensions to decision deadlines.
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