Agenda item
Application for a Variation of a Premises Licence for Nelson's Head, 32 Horatio Street, Bethnal Green, London E2 7SB
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report, which detailed the application for a variation of the premise licence for Nelson’s Head, 32 Horatio Street, London E2 9SB. It was noted that the application was to vary a condition on the licence. It was further noted that there were objections from local residents and there were local residents supporting the application.
At the request of the Chair, Mr Anthony Edwards, Legal Representative on behalf of the Applicant, explained that the application was to vary two conditions on the existing licence, it was noted that the variation had been agreed with the Responsible Authorities. Mr Edwards explained that the Applicant stayed at the premises, was a good neighbour, wanted the community to prosper and create good relations. He said it was very much a community pub and often let out the basement for community groups to use for meetings – free of charge. Mr Edwards explained that the Applicant was a member of the Weavers Ward ASB Group and had made many attempts to mediate with the residents. It was noted that a dedicated telephone number for the Landlord (applicant) was displayed outside the pub. It was also noted that an application was made last year but there were some difficulties, however measures were now in place and as a result there were no objections from Responsible Authorities.
Members were asked to note the petition and letters in support of the application.
Members then heard from Ms Sara Dixon and Mr Barry Murphy residents in support of the application, both residents had been residing in the area for many years, they expressed their support for the premises, its benefit to the community, that it was well managed and safe. They also expressed their concern over the lack of community pubs in the borough and how this premises was a community asset.
At the request of the Chair, Mr Peter Pritchard, local resident in objection to the application explained that he lived opposite the pub, had put forward a petition which was not a personal attack on the Applicant. Mr Pritchard pointed out that when the licence was taken over by the applicant he should have known what he was taking on and what the conditions on the licence were– he said that last year an application was made which was unanimously refused by a Licensing Sub Committee and if conditions were to be removed then this would cause further noise nuisance. He questioned what had changed in one year for the application to be reconsidered again. He further explained that issues of public nuisance and noise got a lot worse when there were karaoke nights, concerns were also raised as to the size of the pavement, people hanging around, and glasses being left outside the premises etc.
Members also heard from Ms Nicola Collins, local resident objecting to the application, she also explained that the Applicant had willingly taken over the licence knowing what the conditions were and therefore there was no need to changes these. She explained that it was important for the pub and residents to coexist peacefully however due to the current noise levels this was proving to be difficult.
In response to questions from Members the following was noted;
- That the police were not objecting to the application.
- The one complaint that was made – was on the day that a Temporary Event Notice was in operation.
- Karaoke nights were held once a week.
- That the Applicant was happy to remove benches/furniture from outside the premises which would allow ample space for customers to stand outside.
- Security would manage the outdoor area on Sundays.
- The Applicant was happy to have SIA door staff on Thursday, Friday and Saturday.
- That Sunday was the busiest day with a lot of people traffic.
- That noise outside the premises was a concern for objectors and was often worse after 8pm.
- A one meter roped off area would help control and manage the outdoor area.
Both partied gave a brief summation.
Members adjourned the meeting at 19:40 hours to deliberate and reconvened at 20:15 hours
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:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub-Committee had carefully considered all of the evidence before them and had heard representations from the Applicant’s Legal Representative and had also heard from the Supporters and Objectors present at the meeting.
Members welcomed the efforts made by the Applicant, in offering robust conditions and also accepting and agreeing to the conditions suggested by the Responsible Authorities and the Sub-Committee.
The Sub Committee reached a decision and the decision was unanimous. The Sub-Committee agreed to grant the variation of the premises licence subject to the conditions, Members were satisfied that the granting of the variation licence on these conditions will help promote the licensing objectives and minimise the risk of public nuisance. In particular, the condition to limit patrons to Horatio Street and rope off the area for outdoor drinking would ensure that pedestrians would not be obstructed.
Accordingly, the Sub-Committee unanimously
RESOLVED
That application for a Variation of the Premises Licence for Nelson’s Head, 32 Horatio Street, Bethnal Green, London E2 7SB be GRANTED with conditions.
Annex 3 – (existing conditions amended to the following)
Condition 2 – There shall be no alcohol consumed outside the premises after 20:00 hours
Condition 3 – No persons under the age of 18 to be allowed on the premises with the exemption of Sundays up to 18:00 hours.
Additional Conditions (to be imposed on the licence)
1. All drinks consumed outside the premises shall be in plastic/polycarbonate cups only.
2. The maximum number of persons permitted to drink outside the premises is 25 persons at any one time. The premises shall ensure that patrons are behind a roped off area on Horatio Street. The roped off area shall allow a minimum 1 metre of pavement clearance at all times.
3. One SIA registered door staff to be employed on Sundays between the hours of 12:30 hours and 20:30 hours.
Supporting documents: