Agenda item
Application for a New Premises Licence for Boxcar Brewery, 1 Gales Gardens, London E2 6JY
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 Boxcar Brewery, 1 Gales Gardens, Birkbeck Street, London E2 6JY. It was noted that there was one objection from a local resident on the grounds of public nuisance. It was also noted that the hours had been reduced in consultation with Environmental Health.
At the request of the Chair Mr Richard Wormald, Legal Representative on behalf of the Applicant explained that the premises was an unused and unlicensed railway arches which was a fair distance away from residential properties, it building had thick walls and therefore there were no concerns of noise breakout.
Mr Wormald gave a brief background of the Applicant’s history, experiences and achievements over the years especially in the licence trade. It was noted that the Applicant had a chain of five venues trading as Vagabond Wines providing high end and premium beers and wines and has not had any complaints from these venues.
It was noted that the premises would be divided into two sections, one part would be the brewery and the other would be used as a bar selling craft and exclusive beers, selling at high end prices and therefore discouraging street drinkers. It was noted that an experience manager would be managing the premises, there would be no live music only low background music. Members were asked to note the proposed conditions which were listed on page 91 of the agenda.
The objector was not present at the meeting therefore Members noted and considered the written objections.
In response to questions the following was noted;
- That the applicant was happy to add a condition not to sell off sales in opened containers.
- That there was no parking facilities available on the premises site.
- That they would be happy to offer a dedicated number for management if there were any complaints/concerns from residents.
- That they would also look to employ local people once opened.
Members adjourned the meeting at 7.10pm for deliberations and reconvened at 7.15pm.
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 representation from the Applicant and his Legal Representative and noted the written objections made by the local resident, whom was not present at the meeting.
Members welcomed the efforts made by the Applicant by offering conditions and accepting a reduction in hours in line with the Council’s Framework hours and in consultation with the Responsible Authority.
Members noted the concerns raised about noise emanating from the premises, therefore Members believed that the conditions such as loudspeakers shall not be located in the entrance lobby or outside the premise building and that all windows and external doors shall be kept closed after 22:00 hours would help prevent this and alleviate some of those concerns. Members were also satisfied that a modification of the hours on the license would also relieve the concerns of the local resident and avoid any future disturbances.
Members believed that restricting the use of the smoking area outside the premises to ten people at any one time would also help with noise control.
Members reached a decision and the decision was unanimous. Members granted the application subject to conditions to help promote the licensing objectives.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Boxcar Brewery, 1 Gales Garden, London E2 6JYbe GRANTED with conditions.
Sale of Alcohol (on and off sales)
Sunday to Wednesday from 11:00 hrs to 23:00 hrs.
Thursday to Saturday from 11:00 hrs to 23:30 hrs
The Provision of Late Night Refreshments (indoors)
Thursday to Saturday from 23:00 hrs to 23:30 hrs
The Provision of Regulated Entertainment in the form Recorded Music (indoors)
Sunday to Wednesday from 11:00 hrs to 23:00 hrs.
Thursday to Saturday from 11:00 hrs to 23:30 hrs
Non-standard timings for all of the above
Until midnight on Sundays immediately before a Bank Holiday.
From end of permitted hours on New Years Eve to the start of the permitted hours on New Years Day.
Hours premises is open to the public
Sunday to Wednesday from 11:00 hrs to 23:30 hrs.
Thursday to Saturday from 11:00 hrs to 00:00 hrs (midnight)
Until 00:30 hrs on Sundays immediately before a Bank Holiday.
From end of permitted hours on New Years Eve to the start of the permitted hours on New Years Day.
Conditions
- Off sales shall not be sold as open containers.
- SIA supervisors shall be employed at the premises based on an operational risk assessment.
- A 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.
- CCTV camera system covering both internal and external to the premises is to be installed.
- The CCTV recordings are to be maintained for 30 days and to be provided upon request to either a police officer or any officer of any other Responsible Authority.
- At all times when the premises is open, a person who can operate the CCTV system must be present on the premises.
- An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which will record the following:
a) All crimes reported to the venue;
b) All ejections of patrons;
c) Any complaints received;
d) Any incidents of disorder;
e) All seizures of drugs or offensive weapons;
f) Any faults in the CCTV system;
g) Any refusal of the sale of alcohol;
h) Any visit by a relevant authority or emergency service.
- Clear signage is to be displayed prominently and maintained at all exits of the premises requiring patrons to leave and enter the premises and area quietly out of respect for local residents.
- Refuse, including bottles are to be taken and placed into receptacles outside the premises at times which will minimise the disturbance to nearby premises.
- No drinks to be taken outside after 22:00hrs (including external area).
- No noise from regulated entertainment shall be audible at any affected façade at a level that causes a public nuisance.
- No more than 10 smokers allowed to smoke in the external areas after 22:00hrs.
- No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
- Loudspeakers shall not be located in the entrance lobby or outside the premises building.
- All windows and external doors shall be kept closed after 22:00hrs, except for the immediate access & egress of persons
Supporting documents:
- Boxcar cover report, item 4.1 PDF 91 KB
- Boxcar Appendices Only, item 4.1 PDF 2 MB
- Boxcar Brewery - Supporting Docs 1, item 4.1 PDF 1 MB
- Boxcar Brewery - Supporting Docs 2, item 4.1 PDF 514 KB