Agenda item
Application for Variation of a Premises Licence for Poplar Union, 2 Cotall Street, London E14 6TL
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Poplar Union, 2 Cotall Street, London E14 6TL. It was noted that objections had been received on behalf of local residents. The application was to amend the premise layout plan and amend conditions of the current licence to include the outdoor patio area.
As a point of clarification it was noted that the maps contained in the agenda were the correct maps, however had been descaled down as it was printed on A4 paper.
At the request of the Chair Mr Josef Cannon, Legal Representative on behalf of the Applicant, explained that the objections related to only one of the licensing objectives, the prevention of public nuisance. He gave a brief history of Poplar HARCA Housing Association, and explained that the premises itself was situated on the ground floor of a 10 floor building with residents living on the 9 floors above the premises, the ground floor had the café and part of it was used as a community open space. It was noted that the premises has had a licence since April 2017, however the Applicant was seeking to extend their licence to include the outside patio area.
Mr Cannon explained that it was an extremely popular café and hosted a variety of events (a catalogue of events was included in the supplemental agenda). He explained that the application to include the outdoor patio area was to allow customers to eat and drink outside during good weather conditions. It was noted that Environmental Health had concerns about the application at first, however having consulted with them, conditions and reduced hours were suggested which were agreed and therefore they withdrew their representation.
It was agreed that licensable activities would stop at 8pm, and alcohol would only be served to seated customers and any outdoor furniture would be put away by 8pm.
Mr Cannon further explained that the business has been trading for two years as a responsible operator and has had no complaints. He explained that that there were conditions on the licence which had measures to stop people going beyond the designated licensable area. Mr Cannon drew Members attention to the petition from residents regarding noise nuisance after 11pm and asked Members to treat this with caution as they were not applying for a licence beyond 8pm and therefore it was unlikely there would be noise breakout.
Mr Cannon concluded that it was a modest application and was supported by customers, that there was an agreement with Environmental Health and that the licence would only be effective during the summer. He explained that the Applicant was a well known operator, has had no complaints in the past and was a community asset. It was also noted that no residents living above the premises had made an objection.
In the absence of the objectors, Members noted and considered the written objections contained in the agenda pack.
In response to questions the following was noted;
- That there would be no music speakers outside in the patio area
- There would be 10 tables in the outdoor patio area with 4 seats each.
- That the outdoor patio area was already being used by customers for food and no- alcoholic beverages.
- That Environmental Health had proposed that licensable activities cease at 8pm which the Applicants had agreed to.
- That there haven’t been any complaints from residents in the building regarding concerns relating to food smells.
In summation Mr Cannon urged Members to grant the application and any conditions should be proportionate to the type of venue it was. It was noted that no responsible authorities had objected, and meals and drinks would be served to customers seated at a table.
Members adjourned the meeting at 7.20pm for deliberations and reconvened at 7.55pm.
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’s Legal Representative and in the absence of the objectors, considered the written representations contained in the agenda pack with particular regard to the licensing objective of the prevention of public nuisance.
The Sub-Committee noted that the premises in question are situated in close proximity to residents, in fact in the same building on the nine floors above the premises.
The Sub-Committee noted the written representations made by objectors regarding the impact of the premises upon nearby residents. The Sub-Committee also noted objectors’ concerns relating to the existing levels of noise nuisance and anti-social behaviour; and the concerns about increased noise nuisance, impact upon family environment, and the likely increased noise and disturbance resulting from the use of the outdoor space for eating and drinking. Members were also mindful that if the application was to be granted then there would be an increase in customers wanting to use the outdoor patio area as the consumption of alcohol would then be permissible in that area. If the application were granted, customers in the patio area were more likely to be in high spirits from having consumed alcohol, and thus more likely to cause a disturbance to residents.
Members had considered a comment raised by them with the Applicant at the hearing, that with global warming, Summers are getting hotter and the warmer weather potentially longer, so that residents are more likely to have their windows open, resulting in more exposure to noise disturbance at a late hour coming from the patio area, if the application were granted.
The Sub Committee noted in the Applicant’s representations that the impact of the application, if granted, would be mitigated by the new proposed hours of 20:00 hours (sale of alcohol) and conditions agreed with Environmental Health. However, Members were concerned that if the application were granted, it would have led to residents being exposed to noise disturbance at a later hour especially insofar as patrons on the patio were in high spirits from having consumed alcohol. The Sub Committee were also of the view that there would likely be more customers wanting to use the patio area if both food and alcohol could be consumed on the patio, as opposed to just food.
The Sub Committee was therefore not satisfied that the Applicant had demonstrated that were the application granted, there would be no increase in public nuisance arising from noise disturbance to nearby residents in relation to the hours applied for. The Applicant had therefore failed to demonstrate that the application for variation of the premises licence would not undermine the licensing objectives, in particular the prevention of public nuisance.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a Variation of the Premises Licence for Poplar Union, 2 Cotall Street, London E14 6TL, be REFUSED.
Supporting documents:
- Poplar Union cover report, item 4.1 PDF 104 KB
- Poplar Union Appendices Only, item 4.1 PDF 1 MB
- Photos_Redacted, item 4.1 PDF 12 MB
- what's On_October_2018, item 4.1 PDF 7 MB
- what's On_January_2019 programme e copy, item 4.1 PDF 6 MB