Issue - meetings
Licensing Act 2003 Application for New Premises Licence for Sakana Sushi, Unit E, 43a Commercial Street, London, E1 6BD
Meeting: 27/04/2017 - Licensing Sub Committee (Item 4)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Additional documents:
Decision:
DECISION
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.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub-Committee had carefully considered the written and verbal representations made by the applicant and his representative and the written representations of residents who objected to the application. The Sub-Committee noted that:
- The premises had been previously licensed for late night refreshment only.
- The premises were located in a cumulative impact zone and therefore there was a presumption that the grant of a licence would cause public nuisance unless evidence presented by the applicant rebutted this presumption.
- The previous premises licence had lapsed and therefore the owner of the business was not eligible to apply for a variation to the licence under the terms of the Act.
- There were some inconsistencies in the application relating to licensable activities applied for and the notices published. Since the application for late night refreshment was not advertised in the notices relating to the application and hence the public had not had opportunity to respond/consider this element, the subcommittee would be unable to determine this element relating to the provision of late night refreshment.
- No interested parties (objectors) had attended in person to offer their arguments against the application
Members heard from Councillor Oliur Rahman on behalf of the applicant:
- The premises’ primary offer was sushi food
- The proposed applicant had been running business of a similar nature for 27 years. He managed a premises in Italy for 15 years
- The premises had previously been licensed (to sell late night refreshment) during which time the applicant had demonstrated good character, abiding by the terms of his licence and participating in Council schemes in the area to mitigate public nuisance caused by licensed premises
- The applicant had reduced the hours applied for
- The applicant was willing to accept conditions recommended by responsible authorities and the Sub Committee to mitigate any effects that might arise from the activities of the premises
- The applicant will continue to work with the police and local community to ensure that the licensing objectives are upheld
- The main business would be the sale of sushi food. The sale of alcohol would be an optional extra for the customers
- The reason an alcohol licence is being applied for is because the owner of the business would like to have more control on what alcohol is consumed on the premises. When he previously had a licence for late night refreshment only if customers brought their own alcohol he had no way of controlling how much they consumed.
Members considered the written representations of the interested parties which concerned public nuisance (antisocial behaviours and noise disturbance) that might arise from the activities of the premises.
Members were sympathetic to the concerns of residents and considered them in the context of the ... view the full decision text for item 4
Minutes:
DECISION
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.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub-Committee had carefully considered the written and verbal representations made by the applicant and his representative and the written representations of residents who objected to the application. The Sub-Committee noted that:
- The premises had been previously licensed for late night refreshment only.
- The premises were located in a cumulative impact zone and therefore there was a presumption that the grant of a licence would cause public nuisance unless evidence presented by the applicant rebutted this presumption.
- The previous premises licence had lapsed and therefore the owner of the business was not eligible to apply for a variation to the licence under the terms of the Act.
- There were some inconsistencies in the application relating to licensable activities applied for and the notices published. Since the application for late night refreshment was not advertised in the notices relating to the application and hence the public had not had opportunity to respond/consider this element, the subcommittee would be unable to determine this element relating to the provision of late night refreshment.
- No interested parties (objectors) had attended in person to offer their arguments against the application
Members heard from Councillor Oliur Rahman on behalf of the applicant:
- The premises’ primary offer was sushi food
- The proposed applicant had been running business of a similar nature for 27 years. He managed a premises in Italy for 15 years
- The premises had previously been licensed (to sell late night refreshment) during which time the applicant had demonstrated good character, abiding by the terms of his licence and participating in Council schemes in the area to mitigate public nuisance caused by licensed premises
- The applicant had reduced the hours applied for
- The applicant was willing to accept conditions recommended by responsible authorities and the Sub Committee to mitigate any effects that might arise from the activities of the premises
- The applicant will continue to work with the police and local community to ensure that the licensing objectives are upheld
- The main business would be the sale of sushi food. The sale of alcohol would be an optional extra for the customers
- The reason an alcohol licence is being applied for is because the owner of the business would like to have more control on what alcohol is consumed on the premises. When he previously had a licence for late night refreshment only if customers brought their own alcohol he had no way of controlling how much they consumed.
Members considered the written representations of the interested parties which concerned public nuisance (antisocial behaviours and noise disturbance) that might arise from the activities of the premises.
Members were sympathetic to the concerns of residents and considered them in the context of the ... view the full minutes text for item 4
Meeting: 11/04/2017 - Licensing Sub Committee (Item 4.1)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Additional documents:
Meeting: 14/02/2017 - Licensing Sub Committee (Item 3)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Additional documents:
Decision:
RESOLVED – That the application for a New Premises License for Sakana Sushi, Unit E, 43A Commercial Street, E1 6BD, be DEFERRED until 11 April 2017 to allow the applicant to provide further information on measures to rebut the presumption that the application will impact on the Cumulative Impact Zone.
Minutes:
Attendees
Shibli Alam, Director Sakana Sushi (applicant)
No objectors were in attendance
The report was introduced by Tom Lewis, Licensing Team Leader who advised that this application was for a new premises licence for Sakana Sushi, Unit E, 43A Commercial Street, E1 6BD. Mr Lewis reported that the premises was located within the Cumulative Impact Zone and that the Council had no record of any complaints regarding the management of the premises under a previous license which became void on 23 February 2016.
The Sub Committee was concerned that the application did not address the presumption that any new premises within the Cumulative Impact Zone (CIZ) would have a detrimental impact on the CIZ.
RESOLVED – That the application for a New Premises License for Sakana Sushi, Unit E, 43A Commercial Street, E1 6BD, be DEFERRED until 11 April 2017 to allow the applicant to provide further information on measures to rebut the presumption that the application will impact on the Cumulative Impact Zone.