Agenda, decisions and minutes
Venue: MP701,7th Floor, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Farhana Zia, Senior Democratic Services Officer Tel: 020 7364 0842, E-mail: farhana.ziatowerhamlets.gov.uk
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DECLARATIONS OF INTEREST PDF 215 KB Members are reminded to consider the categories of interest, identified in the Code of Conduct for Members to determine: whether they have an interest in any agenda item and any action they should take. For further details, see the attached note from the Monitoring Officer.
Members are also reminded to declare the nature of the interest at the earliest opportunity and the agenda item it relates to. Please note that ultimately it is the Members’ responsibility to identify any interests and also update their register of interest form as required by the Code.
If in doubt as to the nature of an interest, you are advised to seek advice prior the meeting by contacting the Monitoring Officer or Democratic Services. Additional documents: Minutes: There were no declarations of interests made.
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To note the rules of procedure which are attached for information. Additional documents: Minutes: The rules of procedure were noted.
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MINUTES OF THE PREVIOUS MEETING(S) PDF 246 KB To confirm as a correct record the minutes of the Licensing Sub-Committee held on 30th March, 13th and 27th April 2021. Additional documents:
Minutes: The minutes from the 30th March, 13th and 27th April 2021 were agreed to be an accurate record of the meetings.
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ITEMS FOR CONSIDERATION Additional documents: |
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Additional documents:
Minutes: At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for 3AKE, 204 Brick Lane, London E1 6SA. It was noted that an objection had been received on behalf of the Licensing Authority. At the request of the Chair, Mr Charles Denny, the Applicant’s agent, presented his submission. He referred members to page 113 of the agenda and an email that he had written to Ms Kathy Driver, Principal Licensing Officer, with proposed conditions to promote the four licensing objectives. He said that his client, Mr Ganyu Zhao, was an experienced Licence Holder and Designated Premises Supervisor (DPS), and had previously owned a restaurant in Soho, within Westminster City Council’s cumulative impact zone. He confirmed that Mr Zhao was now trading at 204 Brick Lane. The restaurant had 48 covers and had benefitted from the temporary alcohol licensing provisions under the Business and Planning Act 2020. Mr Zhao had applied for a variation of the licence to include the off sale of alcohol as part of the delivery service of the business. Mr Denny said that his client recognised that the premises was in the Brick Lane Cumulative Impact Zone (CIZ), however, he submitted that the application fulfilled the criteria of being an exceptional circumstance under the Council’s Statement of Licensing policy. He said that the restaurant had 48 covers, with 36 at dining tables and 12 around the bar and front window. The premises was a high-end restaurant offering Japanese sushi and Asian fusion food, which would be accompanied by Sake wines and premium bottled beers. He said that the restaurant was not alcohol-led and would be operating within the framework hours. He said that the variation sought related to the off sales of alcohol as part of the restaurant’s delivery service. Mr Denny referred to the six proposed conditions and said that these would help mitigate the concerns raised by the Licensing Authority as well as uphold the licensing objectives. The Sub-Committee then heard from Ms Kathy Driver, Principal Licensing Officer, who said that the original application was bereft of information. She appreciated the conditions put forward by Mr Denny, but believed the issue remained that the premises fell within the CIZ, which was saturated with premises providing off sales of alcohol. Problems with anti-social behaviour and noise nuisance were a concern to the Licensing Authority as well as noise nuisance from delivery drivers causing disturbance to local residents. In response to questions from members, the following was noted:
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Additional documents: Minutes: At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for 76 Brick Lane, London E1 6RL. It was noted that the review had been initiated by the Metropolitan Police and was supported by the Licensing Authority, Environmental Health and the Health and Safety Team. The Sub-Committee noted the Applicant was seeking the revocation of the Licence. The Sub-Committee carefully considered the written evidence of PC Mark Perry, for the Metropolitan Police, who was not present for the meeting as he was appearing at a concurrent Tower Hamlets Licensing Sub-Committee meeting. Ms Kathy Driver, Principal Licensing Officer, explained that following incidences reported to the Police over the period November 2020 to January 2021, it became apparent the premises was operating in breach of the Covid-19 restrictions and laws. Reports of an illegal party and advertising for a DJ had led to fines being issued against Mr Abraham Mahmood who had been operating the premises as “Kyice’s Kitchen”. As part of the Police investigation, it was established that the Premises Licence Holder was Mr Sultan Miah and the Designated Premises Supervisor (DPS) was Mr Akhtar Miah. Although attempts had been made to contact the Licence Holder and the DPS, no meaningful communication had been received from them. The annual fees for 2018 and 2019 had not been paid, which effectively suspended the licence. However, fees had been paid for 2020 via the online system by those associated with ‘Kyice’s Kitchen’. Ms Driver stated that it was apparent the Licence Holder was not involved with the business or the premises and therefore should have either surrendered the licence or consented to the transfer of the licence to a new owner. However, both these options had not been pursued despite several letters of communication to the Licence Holder. She said that the Licensing Authority was seeking a revocation of the Licence, as there was a risk that the licence could be reactivated should the outstanding licence fees be paid. The Sub-Committee then heard from Mr Phil Brewer, Environmental Health Officer, who referred Members to the written submission of his colleague, Ms Nicola Cadzow. He said that the Environmental Health Team was supportive of the Police’s request for review and revocation of the licence in light of the complaints received from members of the public about noise nuisance arising at the premises. He stated that it was clear that noise generated during the illegal party and breach of Covid-19 restrictions had caused disturbance to neighbours. Mr Lekan Olomo, from the Health and Safety Team, then addressed the Sub-Committee. He said that he had visited the premises on the 19th of December 2020 with Nazir Ali and found there was approximately twenty to twenty-five people inside the premises, partying with food and drink, whilst music was playing. Mr Olomo said that this was in clear breach of the Business Restriction Regulations, as per the Covid-19 laws and ... view the full minutes text for item 4.2 |
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EXTENSION OF DECISION DEADLINE: LICENSING ACT 2003 The Sub Committee may be requested to extend the decision deadline for applications to be considered at forthcoming meetings due to the volume of applications requiring a hearing. Where necessary, details will be provided at the meeting.
Additional documents: Minutes: There were no applications which required an extension to the decision deadline.
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