Issue - meetings
Application for a New Premise Licence for Havens Yard Ltd Arch 410 Haven Mews St Pauls Way, London E3 4AG
Meeting: 22/11/2022 - Licensing Sub Committee (Item 6)
Additional documents:
- Haven Yard Appendices Only - 22 Nov 22, item 6
PDF 5 MB
- Webcast for Application for a New Premise Licence for Havens Yard Ltd Arch 410 Haven Mews St Pauls Way, London E3 4AG
Decision:
Opening Times
Monday to Thursday from 11:00 hours to 00:00 hours (Midnight)
Friday to Saturday from 11:00 hours to 00:30 hours
Sunday from 11:00 hours to 23:00hrs.
The Sub-Committee considered what was reasonable and proportionate for the promotion of the licensing objectives the prevention of public nuisance and the prevention of crime and disorder.
Paragraph 9.42 of the Secretary of State’s Guidance under S182 of the Licensing Act 2003 says, “Licensing authorities are best placed to determine what actions are appropriate for the promotion of the licensing objectives in their areas. All licensing determinations should be considered on a case-by-case basis. They should consider any representations or objections that have been received from responsible authorities or other persons, and representations made by the applicant or premises user as the case may be.
The Sub-Committee had carefully considered all the evidence before them including the oral representations at the meeting from the Applicants, the Licensing Authority, and the Metropolitan Police.
The Sub-Committee considered evidence of issues relating to public nuisance and crime and disorder arising from the neighbouring premises at Arch 411. Whilst those issues in themselves, were not a reason for the decision reached regarding the application now before the Sub-Committee, the Sub-Committee had to be satisfied that they could trust the Applicant to uphold the licensing objectives, and that necessitated the Sub-Committee being satisfied on the balance of probability that there was no connection between the Applicant’s management and the management of the premises at Arch 411.
The Sub-Committee noted the Applicant’s agreement to reduce the hours to 11:00hrs. The Sub-Committee noted representation from Mr Puckza on behalf of the Applicant, that he was an experienced DPS previously in Westminster, and that they would be selling gourmet food, sound limiters would be installed, they were willing to amend the number of people allowed inside and immediately outside the premises, and they would stop serving food at 10:00hrs with 1 hour from then for patrons to disperse.
The Sub-Committee considered Ms Whiskey’s responses to questions as the Applicant, that she was connected to the business which had operated next door at Arch 411, and that she did work for the previous owner.
The Sub-Committee considered Ms Whiskey’s representation that both she and Mr Puckza were venturing embarking on their own venture separate from the business which had operated next door at Arch 411. Although the Sub-Committee also considered representation by Ms Whiskey that the present business would be operated in a way consistent with the licensing objectives, and that they wanted to work with the residents and the Responsible Authorities, the Sub-Committee were not convinced that Ms Whiskey could be said to be without connection to the management of the business which had operated next door at Arch 411.
Whilst each decision by a Licensing Sub-Committee on each set of premises has to be considered on its own merits, the Sub-Committee were mindful that the neighbouring premises had had a history of issues relating to public nuisance and ... view the full decision text for item 6
Minutes:
The Council’s Licensing Act 2003 Sub-Committee (“the Sub-Committee”) considered an application by Mr Filip Puckza and Ms Bianca Whiskey (the Applicant) for a new premises licence under section 18(3) of the Licensing Act 2003 in respect of Havens Yard Ltd Arch 410 Haven Mews St Pauls Way, London E3 4AG.
Applicant
Mr Phillip Puckza, the Designated Premises Supervisor, presented the business as a new venture, and the application as one made together with his business partner Bianca Whiskey. He confirmed that they will operate as a restaurant. Mr Puckza presented that the Responsible Authority’s issues were unfounded.
Mr Puckza explained to the Sub-Committee that the number of covers were a little overstated with regard to the outdoor plan, and that the number of patrons would be far less than stated.
Traffic marshals would be available from Friday to Sundays and any crime and disorder would be reported. No previous reports of incidents had been lodged .
Ms Whiskey assured the Sub-Committee that there would be a hotline for residents if there were any issues. She pointed out that the residents lived behind the arch. Ms Whiskey represented that there would be CCTV and street marshals to address possible noise nuisance. The previous owner had not reported any crime reported as ascertained following a Freedom of Information request that had been made.
During the hearing the Sub-Committee’s questions were answered and responded to by the Applicant as follows:
· The Applicant was willing to reduce the hours to 23.00hrs, if the Sub-Committee thought this be appropriate, and that they would be serving gourmet food. Mr Puckza had been a successful DPS in Westminster and was very experienced.
· Noise limiters would be installed and the Applicant was willing to amend the number of people permitted inside and outside the premises
· They would stop serving alcohol at 22.00hrs with 1 hour to disperse.
The Sub-Committee had concerns that the Applicant was involved in the nearby premises at Arch 411, in respect of which Ms Bianca Whiskey was the business rate payer of which the following was brought to attention at the review.
Ms Whiskey confirmed that she was connected to the previous applicant and that she had worked for them. Mr Puckza and herself were former employees at Arch 411, who had decided to venture on their own.
The Sub-Committee noted Ms Whiskey’s involvement with the business at Arch 411, as the director of the company operating those premises, as well as having been bar manager over there.
The Sub-Committee were concerned that the Applicant was not properly addressing the concerns raised. Mr Puckza explained that Ms Whiskey was a different person, that they both wanted to ensure that the premises was run properly and wanted to accommodate the residents.
Licensing Authority
Ms Driver presented that the premises were off St Pauls Way within a railway arch in Haven Mews, a residential area, accessed through a yard gate. There were licensed premises situated in Unit/Arch 411 next door, which had operated as licensed ... view the full minutes text for item 6