Agenda item
Application for a New Premises Licence for Sketch, 68 Brick Lane, London E1 6RL
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 Sketch, 68 Brick Lane, London E1 6RL. It was noted that objections had been received on behalf of Environmental Health and local residents.
At the request of the Chair, Mr Mohammed Al Mamun, Applicant explained that is was a small restaurant with 22 covers, he explained that they will keep windows and doors closed to prevent noise nuisance, that it was not a drinking establishment and alcohol would only be served with food. He said that there were offices directly above the premises and no residential flats and therefore not likely to cause disturbance to residents. He also stated that they would display notices around the premises asking customers to respect the needs of local residents and leave the area quietly, would offer to call taxis and were happy to accept conditions suggested by Responsible Authorities.
Mr Tanvir Ahmed, Co-Applicant said that that they would be operating within the Council’s Framework hours and offered to amend the application to reduce the hours by 30 minutes to incorporate 30 minutes drinking up time. He also mentioned that there were other licensed premises in the area which had longer licensing hours.
It was noted that Mr Gulam Ahmed the Designated Premises Supervisor had 40 years of experience in the restaurant trade and was responsible and willing to work with the local community.
At the request of the Chair, Ms Nicola Cadzow, stated that the hours applied for were within the Council’s framework hours. However the premise was within the Cumulative Impact Zone (CIZ) and the Applicants had failed to demonstrate how they would adhere to the licensing objectives, as this part of the application was left blank. She said that she accepted that windows and doors would be kept closed, however noise may still emanate from the premises. It was noted that there was a lot of residents in the area and another licensed premises would impact on the CIZ with the potential impact of public nuisance.
Members then heard from Mr Daron Pike, who spoke on behalf of Mr Jon Shapiro, local resident, he read through the statement on page 131 of the agenda and highlighted the concerns relating to the CIZ and the current anti-social behaviour in the area.
In response to questions the following was noted;
- That having consulted with the Police and Trading Standards, CCTV conditions, a Challenge 25 policy and to maintain an incident book has been accepted by the Applicant.
- That the Applicants welcomed any conditions recommended by the Sub-Committee
- The Applicants confirmed that they were not related to the previous owners.
- That the premise was currently closed.
- That doors and windows would be kept closed.
- Notices would be displayed around the premises asking customers to respect the needs of local residents and leave the area quietly.
- That they would stop serving alcohol 30 minutes prior to closing time.
- That conditions could be imposed to ensure the premises could only operate as a restaurant.
- That they would restrict the numbers of smokers allowed to smoke outside the premises at any one time.
- That the Applicants agreed to have no bar stools at the bar area.
- That the restaurant would be serving Indian and Bangladeshi cuisines.
- That the Applicants were happy to accept a condition that alcohol is only served ancillary to a meal.
- That there would be no live music except for low background music.
- That from past experiences, difficult or drunk customers are refused sale.
In summation, Ms Cadzow stated that she was not confident that the Applicant understood the licensing objectives. That the premise was in the CIZ, and another licensed premise was likely to have a negative impact on the area in terms of noise and public nuisance.
The Applicants stated that they had agreed conditions with the Police and Trading Standards and would be happy to accept further conditions the Sub Committee felt was necessary and proportionate.
Members adjourned the meeting at 7.55pm to deliberate and reconvened at 8.25pm.
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 licensing 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 both the Applicants and from Objectors with particular regard to the licensing objectives of the prevention of public nuisance, and the prevention of crime and disorder.
The Sub-Committee noted that the premises in question are situated in the Cumulative Impact Zone (CIZ). However, Members noted the fact that the hours applied for were within the Council’s Framework Hours and noted the Applicant’s offer of curtailing the hours applied for to incorporate the 30 minutes drinking up time. Members noted the conditions agreed with the Police and Trading Standards and the Applicants willingness to accept conditions to ensure that the premises would not become a bar or drinking establishment.
Members did note the concerns raised by Objectors and in particular the potential public nuisance that licensed premises may cause in an area which already experiences a high level of public nuisance and anti-social behaviour. The Sub Committee were of the view that adding conditions such as no vertical drinking, alcohol to be ancillary to a tabled meal, the standard conditions for no touting and restricting the number of smokers outside the premises at any one time would help alleviate concerns raised by objectors and help promote the licensing objectives.
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 Sketch, 68 Brick Lane, London E1 6RL be GRANTED with conditions.
Sale of Alcohol (on sales only)
Monday to Saturday 11:00 hrs to 22:30 hrs
Sunday from 12:00 hrs to 22:00 hrs
Hours premises open to the public
Monday to Saturday from 11:00 hrs to 23:00 hrs
Sunday from 12:00 hrs to 22:30 hrs
Conditions
1. There shall be no vertical drinking at the premises.
2. Alcohol only to be served ancillary to a tabled meal.
3. No more than four smokers to be allowed to smoke outside the premises at any one time.
4. Notices shall be prominently displayed at all exists requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
5. A CCTV system to be put in place, the cameras are to be of sufficient quality so that peoples faces are clearly identifiable from the footage. The system is to record the footage and to keep it for a minimum of 30 days and a copy of CCTV footage is to be made available to Police or the Local Authority upon request (subject to data protection legislation)
6. While the premises are open to the public a member of staff must be on duty who can operate the CCTV system.
7. A incident report book is to be kept and used to record all incidents of crime and disorder as well as any incidents of note. This book is to be made available on request to any Police Officer or representative of a Responsible Authority.
8. 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.
9. No person shall be employed to solicit for custom or be permitted to solicit for custom or business for the premises in any public place within a 500metre radius of the premises.
10. Clear signage is to be placed in the restaurant windows stating that the premises support the Council’s No Touting Policy.
Supporting documents: