Agenda item
Licensing Act 2003 Application for a Late Night Refreshment Licence for Cookies and Cream, Unit 5 The Chronos Building, 9-25 Mile End Road, London, E1 4TP
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer introduced the report, which detailed the application for a Late Night Refreshment licence for Cookies and Cream, Unit 5, The Chronos Building, 9-25 Mile End Road, London E1 4TP. It was noted that objections had been received on behalf of local residents. The application was seeking a licence to serve hot food after 23:00 hours.
At the request of the Chair, Mr Anthony Edwards, Applicants solicitor briefly explained that the business had been trading for the last nine years selling ice-creams, cakes and hot-drinks, waffles and crepes. It was applying for a licence to sell hot food – waffles and crepes, drinks beyond 23:00 hours, for an extra half an hour weekdays and hour and half on Fridays and Saturdays. Mr Edwards stated the applicant was not seeking a sale of alcohol licence.
Mr Edwards stated that in so far as the objections were concerned, Members ought to disregard the planning document produced in the second supplemental agenda, pages 21-24 as the application was for a late night refreshment licence; and the licensing process is separate from planning. He said the objections in regard to noise and air conditioning whilst valid in their own right, were checked by the Local Authority and it was found that they were not above the Local Authority noise limits. Mr Edwards made reference to the photograph on page 27 of the second supplemental agenda and stated this showed the bin area of Subways rather than of his client’s premises and therefore should also be disregarded. Mr Edwards proposed a number of modifications to the conditions proposed as being consistent with the operating schedule on pages 22 and 23 of the agenda, in order to tighten these up and to reassure the local residents as to the Applicants willingness to support the licensing objectives.
At the request of the Chair, Members also heard from the Objectors present – Ms Karen Chiu, Mr Simon Epstein and Mr Barry Callaghan. Ms Chiu explained that the residents of The Chronos Building had recently set up a Whatsapp group and had begun to collectively catalogue incidents of noise nuisance and complaints. She said the main issue had been the back door which was being kept wedged open. She said the alarm which should have sounded in the event of that door being open had been disabled and residents therefore experienced noise nuisance day and night. She said later opening hours would only exacerbate the noise nuisance experienced.
Mr Callaghan said the photograph on page 27 of the supplement agenda was taken to show the overflow of bins and he had personally witnessed staff from Cookies and Cream disposing of rubbish in the bins of the neighbouring restaurant. Mr Callaghan said the Chronos Buildings were originally designed as office space, with flats above them but had been converted into restaurants and therefore this was not ideal.
Mr Simon Epstein stated he had made complaints to the Noise Team and whilst he did not live directly above the restaurant, he is on the second floor, the noise emanating from the restaurant was loud. He said staff communicated by shouting rather than talking and with the back door wedged open the noise, vermin infestation and bins overflowing were regular annoyances.
In response to questions from Members the following was noted:
- The Applicant stated a mechanism for the back door had been ordered and that this would be fixed immediately.
- That the cleaning rota for the outside space would be carried out three times a week.
- That more of an effort would be made to communicate with the residents, so any complaints raised can be resolved amicably.
- To the residents, it was explained that having an enforceable licence would be more advantageous than no licence being in place.
In summing up, Mr Edwards reiterated the proposed amendments he was putting forward and stated that the granting of the application would mean his client could provide late night refreshment to customers beyond 23:00 hours. He said this would only be an extra half an hour on Sundays to Thursdays and an extra one and half hours on Fridays and Saturdays. He said that having a licence would also be beneficial to the local residents.
The objectors stated their concern about the licence only being enforceable from 23:00 hours onwards but appreciated that a licence would be better than no licence. They also said that the Applicant must do more to reduce noise as well as keep the outside area clean and tidy.
Members adjourned the meeting at 19:34 hours for deliberations and reconvened at 20:29 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 merit. The Sub Committee had carefully considered all of the evidence before them and considered written and verbal representation from the applicant, the Licensing Authority and the objectors with particular regard to the licensing objectives of the prevention of public nuisance, the protection of children from harm and prevention of crime and disorder.
In reaching their decision, Members noted the application was for providing Late Night Refreshments from 23:00 to 23:30 hours Sunday to Thursday and 23:00 to 00:30 hours Friday and Saturday. Members of the Sub-Committee heard from the Applicants Solicitor Mr Anthony Edwards who stated the premises had been trading for nine years selling ice-creams, cakes and hot-drinks, waffles and crepes. It was applying for a licence to sell hot food – waffles and crepes, drinks beyond 23:00 hours, for an extra half an hour weekdays and hour and half on Fridays and Saturdays. Mr Edwards stated the applicant was not seeking a sale of alcohol licence. Mr Edwards referred to the conditions stated in the operating schedule and said that in view of the objections raised by local residents, the applicant was willing to tighten up the conditions therein so to ensure noise emanating from the premises did not disturb the neighbours. He said the closing mechanism for the back door would be fixed and the outside area for bins would be kept clean and tidy, with three collections of rubbish per week.
The Members also considered the objections of Ms Karen Chiu, Mr Simon Epstein and Mr Barry Callaghan. Members had great empathy with the objectors and heard how noise, vermin infestation and the back door of the premises, which is kept open, contributed to their sleep deprivation and noise nuisance. Mr Epstein stated he had made two complaints in relation of noise to the Noise Team.
Upon considering the application, Members agreed the applicant had adequately demonstrated how he would address the licensing objectives of protection of children from harm and crime and disorder, but felt the Applicant could do more to address the licensing objective of preventing public nuisance by reducing the impact of and minimising the chances of noise nuisance. Members considered that this could be achieved through a means for residents to communicate concerns to the business owner, as part of the robust raft of conditions to support the Licensing objectives.
Members reached a unanimous decision. Members agreed to grant the application with conditions added to the operating schedule as stated below.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a Late Night Refreshment Licence for Cookies and Cream, Unit 5, The Chronos Building, 9-25 Mile End Road, London E1 4TP be GRANTED with the conditions consistent with the operating schedule, as modified by the Applicants representative plus the conditions agreed with Environmental Protection and the Police, as set out below:
Recorded Music (indoors only)
· Sunday – Thursday 12:00 – 23:30 hours
· Friday - Saturday 12:00 – 00:30 hours
Late Night Refreshments (indoors only)
· Sunday – Thursday 23:00 – 23:30 hours
· Friday - Saturday 23:00 – 00:30 hours
Hours premises are open to the public:
· Sunday – Thursday 12:00 – 00:00 hours (midnight)
· Friday – Saturday 12:00 – 01:00 hours
Conditions consistent with Operating Schedule (amendments shown in italics)
1. Ensure staff are familiar with the licensing objectives and adhere to them at all times.
2. Clear and legible notice will be placed outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.
3. Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed.
4. Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.
5. Drinks will only be served in plastic bottle and paper cups.
6. Persons appearing drunk or under the influence of illegal substances will not be permitted into the premises.
7. Maintain an incident log of any criminal activity or attempted criminal activity within or within the immediate vicinity of the premises.
8. A log book or recording system will be kept in the premises for recording inspections made including those required by legislation, and information compiled to comply with any public safety condition attached to the premises license. The logbook shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.
9. Prominent, clear and legible notices will be displayed at exits requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
10. Deliveries to the premises will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby resident and nor after 7:00 pm
11. Staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents. No more than one member of staff to have access to the back of the premises at any one time.
12. Customers will be asked not to stand around talking in the street outside the premises; and asked to leave the vicinity quickly and quietly.
13. The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00pm. This will help to reduce the levels of noise produced by the premises.
14. Noise or vibration will not emanate from the premises such as to cause unreasonably disturbance to neighbours. The placing of refuse, such as bottles, into receptacles outside the premises takes place at times that will prevent disturbance to nearby properties and before 11pm.
15. Provision of mechanical ventilation and air conditioning system will not allow noise breakout from the premises or cause a nuisance by its operation.
16. All the rubbish produced by the premises will be stored securely in a designated area or in a bin with a tight fitting lid. This will help prevent litter being blown around.
17. Children below the age of 16 will be excluded from the premises between the hours of 23:00 to 04:00.
18. The rear door to the premises shall be kept closed (except for access) after 11pm
19. The rear area shall be kept clear with a daily cleaning schedule.
Conditions Agreed/Requested by Responsible Authority
Agreed with Environmental Protection
1. Loudspeakers shall not be located in the entrance lobby or outside the premise building.
2. All windows and external doors shall be kept closed after 22:00 hours, or at any time when regulated entertainment takes place, except for the immediate access & egress of persons.
3. The premises license holder shall ensure that noise or vibration is not audible at the nearest noise sensitive premises.
Agreed with Police
4. A CCTV system to be put in place, the cameras are to be of sufficient quality so that people’s faces are clearly identifiable from the footage. The cameras are to be placed in such a way as they cover areas of the premises specified by the Police.
5. The system is to record the footage and to keep it for a minimum of 30 days and a copy off CCTV footage is to be made available to Police or the Local Authority upon request (subject to data protection legislation). While the premises are open to the public a member of staff must be on duty who can operate the CCTV system.
6. An incident book is to be kept to record all incidents of crime and incidents like refusal of entry to the premises, asking people to leave etc.
In addition to the above, Members imposed the following conditions in light of the residents’ representations that:
1. The back door to the premises is immediately fixed and remains shut other than for the purpose of entry and egress.
2. To ensure the cleaning of the outside area at the rear of the premises is done regularly and that area is kept clean and tidy; and
3. The premises owners/management have a means of clear communication through a publically visible noticeboard or website for the residents to be able to make contact and raise issues.
Supporting documents:
- Cookies & Cream cover report -, item 3.1 PDF 130 KB
- Cookies & Cream Appendices Only, item 3.1 PDF 2 MB
- Email from Frances Kung_Redacted, item 3.1 PDF 42 KB
- Photo 1, item 3.1 PDF 448 KB
- Photo 2, item 3.1 PDF 503 KB
- Photo 3, item 3.1 PDF 432 KB
- Email Karen Chiu_Redacted, item 3.1 PDF 356 KB
- Photo 1 - KC, item 3.1 PDF 84 KB
- Photo 2 - KC, item 3.1 PDF 612 KB
- Photo 3 - KC, item 3.1 PDF 266 KB
- Photo 4 - KC, item 3.1 PDF 392 KB
- Email Barry Callaghan_Redacted, item 3.1 PDF 99 KB
- Condidtional Permission fro Development PA0201465, item 3.1 PDF 133 KB
- Site Report -Chronos Building, item 3.1 PDF 113 KB
- Photo 1 - BC, item 3.1 PDF 84 KB
- Photo 2 - BC, item 3.1 PDF 612 KB
- Photo 3 - BC, item 3.1 PDF 266 KB
- Photo 4 - BC, item 3.1 PDF 392 KB
- Photo 5 - BC, item 3.1 PDF 349 KB