Agenda item
Application for a Premises Licence for Twisted LDN, 12 Batty Street, London E1 1RH
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:
- 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 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 to therein.
· He stated the location of the premises was not in the Cumulative Impact Zone and the licensing objectives had been addressed in the application – Page 211.
· Mr McCann said the intention was to open the premises by the 30th November 2017 and in the first instance the premises would open until 2:00 a.m.
· With respect to crime and disorder, the premises are near Commercial Street and whilst they could not alleviate all the issues, his client was willing to adopt what was necessary to ensure crime and disorder did not adversely impact on the local residents and area.
· With regard to previous history he reminded Members the premise had never been licensed before.
· Access to public transport – was not relevant in this case
· And likewise the proximity to other licensed premises are of no consequence or relevance.
Mohshin Ali, Licensing Officer for the responsible authority raised his objections to the application stating they were concerned about the 2:00 a.m. finish time especially as the location of the premises are in a quiet residential street. Mr Ali said the Applicant needed to clarify the times when the push bikes and mopeds were to operate and had concern of the impact of noise disturbing the neighbours. He also asked the Members to be mindful of the objection raised by Ms Cadzow on page 230 and recommended that the premises operate within the legal framework hours.
Mr Ali asked Caroline Watts, Anti-social Behaviour team to come as a witness and asked her to further expand on the issues stated.
Ms Watts stated the area had issues with drug dealing and Batty Street was often used for ‘deals’ to be done in broad daylight, as it was a narrow street. Deals happen through car windows and there is issues with vehicles blocking the road. Mopeds and bicycle riders will often mount the pavement to pass and this is a public safety concern.
Ms Watts was keen to learn what control the premises licensee would have over their delivery drivers. She said that if the company are to outsource to companies like Deliveroo, Just Eat, Uber for example, it was impossible to control public nuisance as many drivers are causing anti-social behaviour concerns in the area.
Mr Conor Magill, resident echoed Ms Watts concerns and said it would be inappropriate to have a 24 hour operation in a quiet residential street. Whilst the Applicant was not to blame for the crime and disorder in the locality, it was fanciful to suggest that moped and bike riders will help to reduce crime.
Mr Magill then went on to describe the character of the street, giving details of the types and nature of building in the area. He stated the quality of life for residents would be adversely affected and there was little that could be done to prevent noise from delivery drivers on a busy night. He said noise from one moped at 02:00 a.m. would be magnified and whilst he had been invited to talk to the Applicants, far more information was required on how they will run their operation.
Mr Magill stated that if the Members were minded to grant the licence stringent conditions were required to reduce vehicle noise, interaction between drivers and times of when mopeds were to be used. He said whilst the Applicant was giving assurances for this, it cannot be guaranteed general disorder will not ensue. Mr Magill said he opposed the proposed 24 hour nature of the premise operation and stated he would prefer it not to operate outside the legal framework hours.
Mr Al-Mahmood, resident also contributed to the objections stating the narrow street already experienced congestion and noise from delivery drivers unloading goods and blocking the pavement. Mr Al-Mahmood asked if the Applicant had data which showed alcohol would only amount to 10-20% of sales.
Member of the Sub-Committee asked the following questions:
· How will the delivery drivers be controlled?
Mr McCann stated that his client was happy to accept the conditions outlined by Ms Watts in the supplemental agenda. Mr McCann confirmed the company did not have its own drivers and would in the first instance be using companies such as Deliveroo or Uber. However no contract had been signed with these companies and as such the concerns stated by Ms Watts would be incorporated into the contract.
Mr McCann also pledged that redacted copies of the contracts entered into could be provided to Ms Watts which stated things like no smoking or talking outside the premises and that drivers will need to leave quietly.
· The apps used to book delivery drivers do not distinguish between car drivers / moped and bikes. So how is this going to be managed?
The contract will make it quite clear that no cars are allowed and we just want to use push bikes and moped drivers. We shall also have an addendum that drivers cannot mount the pavement and drive on the footpath.
The Applicant and the objectors were given an opportunity to summarise their points before the Members adjourned to make their decision.
Decision
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a Premises Licence for Twisted LDN, 12 Batty Street London E1 1RH be GRANTED subject to the following conditions:
· The Licensable activity will be as per the Council’s framework hours plus one additional hour.
· That the conditions stated in the operating schedule Pages 190 -191 points 7.0 to 7.7 apply as well as the conditions stated by the Licensing Authority on Page 227- 228 points 1 to 14 and the further conditions stated by the Anti-Social Behaviour Team in the supplement agenda Page 4.
· Further the Applicant must share the contracts entered into with delivery companies with the Anti-social Behaviour team for approval.
· In the contract it should clearly state only pedal bikes and mopeds should be used for deliveries and no deliveries will be made to customers using cars or vans.
· Delivery drivers cannot mount the pavement and will not be permitted to smoke or talk outside the premises.
· It will be a disciplinary offence if drivers do not leave quietly.
· No drivers can wait outside when collecting orders; and
· Clear signage must be displayed inside and outside the premises making clear to drivers the conditions which apply.
Legal Framework Hours plus one hour
Monday to Thursday, from 06:00 hrs to 00:30 hrs
Friday and Saturday, from 06:00 hrs to 01:00 hrs
Sunday, from 06:00 hrs to 23:30 hrs
Operating Schedule conditions:
7.1 Customers shall be reminded to provide acceptable form of ID such as Driving licence, Passport or PASS card when placing bookings both online or by phone.
7.2 The company’s website shall provide links to ‘drinkaware’ and ‘alcohol concern’ webpages.
7.3 The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing. 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 is open for licensable activities and during all times when drivers 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 Police or authorised officer throughout the entire 31 day period.
7.4 Alcohol will be sold ancillary to a food order.
7.5 Notices shall be prominently displayed at all exits requesting drivers to leave the area quietly.
7.6 A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
7.7 A refusal log shall be maintained by each delivery driver and made available for inspection by Police Officer or Authorised Officer, this log shall include the date, time Name and signature of staff member who refused the sale along with the name address and postcode of the customer.
Additional conditions:
1. All ordering shall be done via the website, persons ordering alcohol will be required to declare they are over 18 before an order can be placed;
2. There shall be no direct sale of alcohol or collection of alcohol from the actual premises.
3. There shall be no direct sale of hot food and hot drinks or collection of hot food and hot drinks from the actual premises.
4. A clear and legible sign at the premises stating the operating times and to indicate no provision of alcohol on the premises; alcohol and any food products are solely off premises;
5. No alcohol will be sold or consumed on the premises
6. Alcohol shall only be delivered to people who have ordered it and have produced the appropriate identification to prove they are over 18 years of age.
7. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal.
8. All sealed containers of alcoholic drinks offered for sale for consumption off the premises must be clearly labelled or marked with the name and postcode of the premises.
9. A Challenge 25 policy will be implemented. Trained delivery staff will implement the requirement to see appropriate ID for those people who appear to be under 25;
10.A refusal book will be maintained and records of any refusals to be logged. The refusals book should be available at the premises for inspection upon demand by an authorised officer;
11.No waste bins shall be put outside after 23:00 hrs
12.External doors shall be kept closed unless being used as access and egress to prevent noise;
13.No idling of delivery vehicles outside the premises;
14.Staff shall be instructed to respect the needs of local residents and leave the premises quietly when they arrive and leave after 23:00 hrs;
ASB Conditions
1. That all sales are on-line and there are no direct sales or collections from the premises at 12 Batty Street;
2. Twisted LDN or delivery personnel are not to congregate or loiter in Batty Street between 21:00 hrs to 08:00 hrs - this includes standing in the street to smoke.
3. Twisted LDN are responsible for the behaviour of their delivery drivers. This includes, but is not limited to, ensuring there is no noise nuisance to residents, there is no obstruction of the footpath or the public highway, drivers are insured and have roadworthy vehicles. This applies to drivers directly employed, contractors or delivery companies such as Deliveroo, Just Eat, Uber Eat.
Supporting documents:
- BattySt12, item 4.3 PDF 95 KB
- BattySt12.Appx_red, item 4.3 PDF 21 MB
- LA.MA.Rep2.Additional_RED, item 4.3 PDF 143 KB