Issue - meetings
Licensing Act 2003 Application for a New Premises Licence for Poplar Union, 2 Cotall Street, London, E14 6TL
Meeting: 25/04/2017 - Licensing Sub Committee (Item 4)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Additional documents:
- 3.1b Poplar Union App, item 4 PDF 8 MB
- Poplar Union supplement, item 4 PDF 907 KB
- SKM_C45817021511520 (002), item 4 PDF 144 KB
- Poplar Union - Proposed Conditions (3), item 4 PDF 193 KB
Decision:
This hearing was reconvened on 25th April 2017. The previous hearing on 14th February 2017 was adjourned to allow the applicant to provide further clarification and/or propose further conditions in respect of:
· Appropriate hours for the sale of alcohol
· Operation of Challenge 21 or Challenge 25 Policies
· The segregation of licensed and unlicensed activities
· Entrance and Egress from the premises
· Staffing levels
· Measures to ensure that no alcohol is taken outside the premises
· Supervision of young children when licensed activity is taking place
· Risk assessment arrangements
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 has carefully considered all of the evidence before them and considered written and verbal representations on behalf of the applicant and written presentations from objectors with particular regard to the licensing objections of prevention of public nuisance and the protection of children from harm.
The Sub Committee noted that since the adjournment of the previous hearing, the applicants had met with residents, six Temporary Event Notices had been granted and these events had run smoothly without any complaints or concerns being raised. It was also noted that the applicant had proposed conditions to address the concerns raised by Members and objectors at the previous hearing and that none of the objectors who had attended the previous hearing were in attendance at this hearing.
Members noted that the patio area would be used by a maximum of 15 smokers at a time and this would be offered as an additional condition to those stated in writing and the applicants further offered a condition to lock the door in the partition wall during non-compatible uses of the different parts of the premises. The applicant’s offer to display a colour plan setting out the hours of use for the different areas was also noted.
There was agreement to amend condition 15, deleting all words after the word ‘premises’.
Decision
The Sub Committee was satisfied that the conditions proposed by the applicant had addressed the concerns raised by objectors and Members and would promote the Licensing Objectives particularly in respect of the prevention of public nuisance and protection of children from harm.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Poplar Union, 2 Cotall Street, London, E14 6TL be GRANTED subject to the following conditions:
Hours premises is open to the public:
· Monday to Saturday from 08:00hrs to 23:00hrs
· Sunday from 09:00hrs to 21:00hrs
Hours for supply of alcohol (on sales only) in red hatched area on plan
· Monday to Friday 17:00hrs to 22:30hrs
· Saturday from ... view the full decision text for item 4
Minutes:
In attendance
Andrew Woods (applicant’s legal representative)
Patrick Harrison, Poplar HARCA (applicant)
BabuBahattacherjee, Poplar HARCA (applicant)
This hearing was reconvened on 25th April 2017. The previous hearing on 14th February 2017 was adjourned to allow the applicant to provide further clarification and/or propose further conditions in respect of:
· Appropriate hours for the sale of alcohol
· Operation of Challenge 21 or Challenge 25 Policies
· The segregation of licensed and unlicensed activities
· Entrance and Egress from the premises
· Staffing levels
· Measures to ensure that no alcohol is taken outside the premises
· Supervision of young children when licensed activity is taking place
· Risk assessment arrangements
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 has carefully considered all of the evidence before them and considered written and verbal representations on behalf of the applicant and written presentations from objectors with particular regard to the licensing objections of prevention of public nuisance and the protection of children from harm.
The Sub Committee noted that since the adjournment of the previous hearing, the applicants had met with residents, six Temporary Event Notices had been granted and that these events had run smoothly without any complaints or concerns being raised. It was also noted that the applicant had proposed conditions to address the concerns raised by Members and objectors at the previous hearing and that none of the objectors who had attended the previous hearing were in attendance at this reconvened hearing.
Members noted that the patio area would be used by a maximum of 15 smokers at a time and this would be offered as an additional condition to those stated in writing and the applicants further offered a condition to lock the door in the partition wall during non-compatible uses of the different parts of the premises. The applicant’s offer to display a colour plan setting out the hours of use for the different areas was also noted.
There was agreement to amend condition 15, deleting all words after the word ‘premises’.
Decision
The Sub Committee was satisfied that the conditions proposed by the applicant had addressed the concerns raised by objectors and Members and would promote the Licensing Objectives particularly in respect of the prevention of public nuisance and protection of children from harm.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Poplar Union, 2 Cotall Street, London, E14 6TL be GRANTED subject to the following conditions:
Hours premises is open to the public:
· Monday to Saturday from 08:00hrs to 23:00hrs
· Sunday from 09:00hrs to 21:00hrs
Hours for ... view the full minutes text for item 4
Meeting: 14/02/2017 - Licensing Sub Committee (Item 3)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Additional documents:
Decision:
The Licence was sought for the sale of alcohol and regulated entertainment.
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:
1. The Prevention of Crime and Disorder
2. Public Safety
3. Prevention of Public Nuisance
4. The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them, namely the written and verbal representations from the applicant and local residents and the written representations from Metropolitan Police, Environmental Health and Child Protection.
The Sub Committee noted that it was requested to grant a New Premises Licence for Poplar Union, 2 Cotall Street, London, E14 6TL. Members heard from the applicant’s legal representative that a compromise had been reached with the Metropolitan Police, Environmental Health and Child Protection and as a result, they had now withdrawn their representations however it was noted that the Operating Schedule was predominately blank.
Members were advised by the applicant’s legal representative that the new premises would promote the licensing objectives and would be a valuable community asset which would deter Anti-Social Behaviour. The Sub Committee also heard oral representations from residents highlighting concerns about the potential for Anti-Social Behaviour and nuisance while the premises were in use and the impact on Bartlett Park, especially due to the sale of alcohol seven days a week.
Although the Sub Committee accepted that the Metropolitan Police, Environmental Health and Child Protection had withdrawn their representations following an agreement in respect of opening times and additional conditions listed in the Operating Schedule, Members also accepted the genuine concerns of residents. The Sub Committee was not satisfied that the application was sufficiently clear in what activities would take place in which part of the premises, with the demarcation and separation of children and alcohol and that the conditions set out in the Operating Schedule were robust enough to ensure promotion of the licensing objectives. The applicant’s representative was reminded that necessary conditions should emerge from a risk assessment by the applicant and reflected in the Operating Schedule and that it was not for the responsible authorities nor the Sub-Committee to put forward suggested conditions. In light of these comments an application was made by the applicant to adjourn the hearing of the application.
RESOLVED – That the application for a New Premises License for Poplar Union, 2 Cotall Street, London, E14 6TL be DEFERRED until 11 April 2017 to allow the applicant to provide further clarification and/or propose further conditions in respect of
· Appropriate hours for the sale of alcohol
· Operation of Challenge 21 or Challenge 25 Policies
· The segregation of licensed and unlicensed activities
· Entrance and Egress from the premises
· Staffing levels
· Measures to ensure that no alcohol is taken ... view the full decision text for item 3
Minutes:
Attendees
Andrew Woods, Woods Whur 2014 Ltd (legal representative)
Patrick Harrison, Poplar HARCA (applicant)
BabuBahattacherjee, Poplar HARCA (applicant)
Tony Portacio (objector)
Roxanna Ong (objector)
The report was introduced by Andrew Heron, Licensing Officer who advised that this application was for a premises licence for new premises, Poplar Union, 2 Cotall Street, E14 6TL.
Andrew Woods addressed the meeting on behalf of the applicant and advised that the new premises was a community resource which would promote the licensing objectives and provide visibility to deter crime and disorder and anti-social behaviour. Amended hours had been agreed in consultation with the Metropolitan Police and Environmental Health along with additional conditions set put in the operating schedule on pages 46 – 52 of the agenda pack. The applicant had also received emails supporting the application.
Tony Portacio addressed the meeting objecting to the application on the grounds of concerns about the impact of long hours for alcohol sales in a building adjacent to Bartlett Park which had a history of anti-social behaviour issues. Although the provision of a new community resource venue was supported in principle, Mr Portacio was concerned that whilst the premises was in use, patrons consuming alcohol could leave the premises and spill out into Bartlett Park, potentially causing nuisance to residents and park users and encouraging anti social behaviour.
Roxanna Ong addressed Members and advised that a new community resource was a great idea. However she had concerns about the impact of live recorded music and how events would be managed. Coupled with the sale of alcohol, Ms Ong stated that she was not convinced that the premises would have no negative impact on the locality.
In response to questions and comments from Sub Committee Members, Mr Woods and the applicants stated that
·
Alcohol sales would be “on sales” only
and that conditions could be agreed to so that no unaccompanied
children were allowed on the premises after 9pm.
·
Staff on duty would ensure that there was no
conflict between alcohol consumers and children by segregating the
different types of users of the premises and using
partitions
·
The applicant had applied for extended hours for
alcohol sales to provide flexibility.
However the applicant was willing to agree to no alcohol sales
before11am and no off sales.
·
Responsible Authorities were satisfied that the
premises would not contribute to anti
social behaviour and all suggestions from the Metropolitan
Police, Environmental Health and Childrens’ Services had been acted
on.
·
The applicant was willing to agree to conditions to
ensure that no alcohol was consumed in areas of the premises where
children or young people were involved in non
licensable activities.
·
Staff on duty would monitor entrances/exits to
ensure that doors were only opened for access/egress. As the premises were fully air conditioned, room
temperatures could be regulated without the need to open
windows/doors.
·
The premises would operate in a cafe environment
selling alcohol and trained Youth Workers would be on the
premises
· As responsible operators, robust management of ... view the full minutes text for item 3