Agenda item
Application for a new Premise Licence for Princelyn Grocery & Restaurant 477 Bethnal Green London E2 9QH
Licensing Objectives:
· The prevention of public nuisance
Representations:
· Environmental Protection
· Licensing Authority
Ward: Bethnal Green West
Minutes:
The Sub-Committee considered an application by Garden Ltd. for a new premises licence to be held in respect of Grocery & Restaurant Ltd., 477 Bethnal Green Road, London, E2 9QH (“the Premises”). The application originally sought authorisation for the sale by retail of alcohol, the provision of regulated entertainment, and the provision of late-night refreshment. Recorded music and the provision of refreshment sought on Fridays and Saturdays only from 23:00 hours to 00:30 hours. The sale of alcohol was sought from 10:00 hours to 23:30 hours Sunday to Thursday and from 10:00 hours to 00:30 hours on Fridays and Saturdays.Non-standard timings were also sought.
The application attracted objections from the Environmental Health Service and the Licensing Authority. These were based on the licensing objectives of the prevention of public nuisance and that the Premises were located within the Bethnal Green Cumulative Impact Zone (CIZ) and that the applicant had not rebutted the presumption in favour of refusal.
Applicant
The Sub-Committee heard briefly from Ms. Abara on behalf of the company and the agent, Mr. Olusola. The Sub-Committee was told that non-standard timings had been withdrawn, as confirmed in correspondence in the Supplemental Agenda. The applicant was aware of the CIZ. He drew the Sub-Committee’s attention to the fact that there were no other representations.
Environmental Protection
Ms. Cadzow addressed the Sub-Committee briefly with respect to her
representation. She was concerned that the application had not fully addressed the implications of the CIZ and that there was insufficient information in the operating schedule to address this. She’d reviewed the Supplemental Agenda and noted that the applicant had offered proposals which could be translated into and she asked that those be imposed if the Sub-Committee was minded the application. She also suggested further conditions, relating to the pre-booking of taxis, notices reminding patrons to leave quietly, and a limit of five smokers outside the premises. She was content with the removal of non-standard timings.
Licensing Authority
Ms. Holland made similar observations with respect to the lack of reference to the CIZ. The application was not an exception because some factors fell within possible exceptions e.g. the numbers, whilst others were outside e.g. the times were outside of framework hours. The information in the Supplemental Agenda such as table service and no vertical drinking addressed some concerns. She also suggested conditions may be needed in respect of deliveries. She also sought clarity on the suggestion that the Premises would be used for parties and precisely what that would entail.
Members asked about the nature of parties and were told that the venue would be available for hire for small gatherings such as birthday parties and family-oriented events. The target audience for such parties was the local African community. People would be encouraged to leave by the side door, which opened on to a quiet, no through road rather than via the front door. They indicated that they would be content with any conditions that the Sub-Committee saw fit to impose.
Ms. Abara also explained that she was already operating the Premises as a grocery and restaurant and closing at 23:30 hours without problems. The grocery part of the business had been operating for about a year; the restaurant for about two months. They had applied for hours to 00:30 “just in case” but indicated that there would be no objection should the Sub-Committee consider framework hours to be more appropriate.
This application engages the licensing objectives of the prevention of public nuisance. The Premises are within a and the applicant must therefore rebut the presumption that the grant of the application will negatively impact upon the CIZ. The Council’s Policy gives non-exhaustive examples of what might exceptions, although each case is to be decided on its own merits.
Decision
The application is a modest one. The willingness of the applicant to modify the application address the concerns raised meant that the Sub-Committee could be satisfied that they would not impact upon an already stressed area. The reduction in hours and willingness to accept appropriate conditions to mitigate any impact, combined with the nature of the Premises itself, allowed the Sub-Committee to be satisfied that the application could be granted as an exception to the CIZ.
The application is therefore granted with amendments and conditions:
Sale by retail of alcohol (on and off-sales)
Monday to Thursday 10:00 hours to 23:30 hours
Friday and Saturday 10:00 hours to 00:00 hours
Sunday 10:00 hours to 22:30 hours
Late-night refreshment and recorded music
Friday and Saturday 23:00 hours to 00:00 hours
Times the premises are open to the public
Monday to Thursday 10:00 hours to 00:00 hours
Friday and Saturday 10:00 hours to 00:30 hours
Sunday 10:00 hours to 23:00 hours
Conditions
1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of or officer throughout the entire 31-day period.
2. The CCTV system serving the premises shall:
a. be maintained fully operational and in good working order at all times;
b. make and retain clear images that include the points of sale of alcohol and facial images of the purchasers of the alcohol; and
c. show an accurate date and time that the images were made.
3. A staff member from the premises who is conversant with the operation of the CCTV system shall when the premises are open. This staff member must be able to provide a Police or council copies of recent CCTV images or data with the absolute minimum of delay when requested.
4. All sales of alcohol for consumption off the premises shall be in sealed containers only.
5. All windows and external doors shall be kept closed at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
6. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
8. Patrons permitted to temporarily leave and then re-enter the premisese.g. to smoke, shall be limited to five persons after 21:00 hours.
9. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are photographic identification cards, such as a driving , passport or proof of age card with the PASS Hologram.?
10.A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection the premises by the police or an officer at all times whilst the premises is open.
11.All staff whose duties include the serving of alcohol must be trained in the requirements of this scheme including the importance of recording any refusals.
12.All staff whose responsibilities include the retail sale of alcohol shall receive training about the prevention of underage sales on induction and then every twelve months thereafter. This training shall be recorded and the records to be available on request the Police or any officer. The training is to include:
a. the operation of the challenge XX scheme;
b. types of acceptable ID;
c. the method of recording challenges;
d. the likely consequences of making an underage sale;
e. refusing sales to persons who appear to bedrunk;
f. proxy sales.
13.Every third-party courier delivery box shall be labelled with the words “Age Restricted Product”.
14.There shall be mechanism either by an App or on the delivery package to show the delivery rider is aware it is an age restricted product to ensure ID checks are made upon delivery of alcohol.
15.The premises licence holder will ensure that an age verification policy will apply whereby all delivery drivers/riders will be trained to ask any customer to whom alcohol is delivered, who appears to be under the age of 25 years to produce, before being sold alcohol, identification being a passport or photocard driving bearing a holographic mark or other form of identification that complies with any mandatory condition that may apply to this .
16.Alcohol shall only be delivered to a residential or business address and not to a public place or vehicle.
17.All off sales deliveries to be in sealed containers.
18.A warning shall be displayed on the digital platform on which an order is placed informing customers that they must be aged 18 or over to make a purchase of alcohol and notifying customers that the rider will carry out age verification on delivery. The customer will be required to declare that he or she 18 or over. If the rider is not satisfied that the customer is aged 18 or over any alcohol in the order will be withheld
19.The Licence holder shall notify the Licensing Authority of the digital platform(s) used for the sales of alcohol and any changes to those platforms.
20.The sale of alcohol for consumption on the premises shall only be to a person seated taking a table meal there, and for consumption by such a person as ancillary to their meal.
21.Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to, a take-away meal.
22.There shall be no vertical drinking on the premises.
Supporting documents:
- BethnalGreenRd477, item 4.2 PDF 350 KB
- BethnalGrnRd477.AppxRED, item 4.2 PDF 9 MB
- Response to Representation - Princelyn, item 4.2 PDF 339 KB
- PRINCELYN MENU, item 4.2 PDF 12 MB