Agenda, decisions and draft minutes
Venue: The Council Chamber, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Antoinette Duhaney, Democratic Services Tel: 020 7364 4120, E-mail: antoinette.duhaney@towerhamlets.gov.uk
No. | Item |
---|---|
DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 67 KB To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. See attached note from the Monitoring Officer.
Minutes: The Chair, Councillor Rajib Ahmed commenced the meeting and apologised for the late start which was due to a Member of the Sub-Committee being struck in traffic. The meeting commenced at 7:15 p.m.
The Chair asked everyone present to observe a minute silence in memory of the Manchester bombing victims.
No Member of the Sub-Committee declared an pecuniary interest. |
|
To note the rules of procedure which are attached for information. Additional documents: Minutes: The Rules of Procedure were noted by the Sub-Committee. |
|
ITEMS FOR CONSIDERATION |
|
Licensing objectives: Public nuisance, Crime & disorder
Representations by: Local residents
Additional documents: Minutes:
In attendance Carl Bruder (Applicants Legal Representative) Shezan Aslam (on behalf of Horizon Whitechapel) Monsur Malik (Horizon Whitechapel) Masrur Malik (Horizon Whitechapel) Corinne Holland (Licensing Authority)
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:
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 from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Members heard from Mr Carl Bruder (the applicant’s legal representative) who stated his clients were looking to open a boutique hotel, in a former disused textile factory. He said the hotel consisted of a basement area for storage, ground floor (with reception, foyer and restaurant) and upper floors for bedrooms. He stated the licence application was for a new premises licence and referred Members to Pages 19-20 of the agenda and the conditions outlined therein. He said his clients had agreed to these conditions and had reduced their supply of alcohol hours to commence at 10:30 a.m.
Mr Bruder referred to a letter from Mr Shapiro, page 72 and stated that the objector was appeased by knowing there would be no ‘off sales’. Mr Bruder highlighted further point 9.3, page 19 that ‘No drinks to be taken outside’ and stated his clients were happy to comply with the conditions stated.
Members of the Sub-Committee sought clarification with regard to the restaurant and enquired if alcohol would be sold separately to food. Mr Bruder responded it was a high end restaurant, with an open plan layout for respectable customers. He confirmed incidental music would be played but noise conditions as agreed with Environmental Health would be complied with. The hotel is a business that sells sleep and therefore would not be looking to cause public nuisance or disorder.
Therefore considering all of the above, Members decided to GRANT the application.
Decision
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for New Road Hotel, 103 – 107 New Road, London, E1 1HJ be GRANTED.
Hours premises are open to the public: Sunday to Thursday from 08:00 hrs to midnight Friday and Saturday from 08:00 hrs to 01:00 hrs 24 hours for residents of the hotel and their bona-fide guests
Sale of Alcohol (on sales only) Sunday to Thursday from 10:30 hrs to 23:30 hrs Friday and Saturday from 10:30 hrs to 00:30 hrs
The Provision of Late Night Refreshments (Indoors): Sunday to Thursday from 23:00 hrs to 23:00 hrs Friday and Saturday from 23:00 hrs to 00:30 hrs ... view the full minutes text for item 3.1 |
|
Licensing objectives: Public nuisance, Crime & disorder
Representations by: Local residents
Additional documents:
Minutes: In attendance Jack Spiegler (Applicant’s Legal Representative) Azzam Barhamji (Applicant) Katie Riding (accompanying Applicant) PC Mark Perry (Metropolitan Police) Mohshin Ali (Licensing Authority) Corrinne Holland (Licensing Authority) Michael Dunn (Environmental Protection) David Cunningham (Objector)
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:
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 from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Members heard from Mr Jack Spiegler (the applicant’s legal representative) who stated the current business operates until 11:00 p.m. however the applicant was seeking a new premises license for Late Night Refreshment with opening hours until 2:00 a.m. He stated the hours applied for were not unusual for the area and referred Members to page 123, which showed other licenced venues in the vicinity. With respect to the objections from the responsible authorities, Mr Spiegler said his client was compliant with the licensing conditions and complaints were not specific to 84 Brick Lane. Mr Spiegler referred to the supplementary agenda and the letters of support contained therein.
With regard to the Cumulative Impact Zone (CZI), Mr Spiegler referred Members to page 186 point 8.4 making clear the premises would not be selling alcohol just late night refreshment. He stated his client consented to comply with the conditions as set out on page 92 and would like the Sub-Committee to grant him a license.
To counter the applicant’s statement, the Sub-Committee heard from the objectors. The responsible authorities – Police, Environmental Health and the Licencing Authority gave evidence as to why they objected to the granting of the application. They also heard from Mr David Cunningham, a named objector. In summary reference was made to Appendices 5, 6, 7 & 8.
PC Mark Perry stated the Police had received a number of complaints and in light of the CIZ and the licensing objectives the application should be refused. He said the applicant had applied for a similar licence last July which was refused and this was just a repeat of the same process. He made reference to the objectors’ letters on pages 152 and 160 and said the concerns raised by the residents association had some merit.
The shop is very small with customers spilling outside and there was no method of controlling noise or people. PC Perry stated the applicant had failed to effectively manage previous TEN’s (temporary event notices) and increased hours will result in anti-social behaviour.
He suggested any licence granted should be ... view the full minutes text for item 4. |
|
Licensing objectives: Public nuisance, Crime & disorder
Representations by: Local residents
Additional documents:
Minutes: In attendance Saba Naqshbandi (Applicant’s Counsel) Lisa Inzani (Applicant’s Solicitor) Melanie Arnold (Applicant) Margot Henderson (Applicant) Patrick Clarke (Objector) Ali Hayder (Objector)
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:
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 from the applicant and objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Members heard from Ms Saba Naqshbandi (Counsel for the applicants) who stated her clients were established chefs, who had operated from the premises since 2005. The café had grown organically into a restaurant and was poplar with local residents. She made reference to the number of people who had attended in support of the application. She referred members to page 216 which appended the plan of the location and said it was a small operation with a maximum of 36 covers inside and 20 outside. To enable a better understanding of the area she referred Members to the photographs on page 327 onwards.
Ms Naqshbandi sighted the proposed conditions on page 214 and stated none of the Responsible Authorities were objecting to the licence. She also made reference to the menu page 32, alcohol offering at page 323 and non-alcoholic drinks offering at page 325. With respect to the objections Ms Naqshbandi stated her clients had offered to talk to complainants and indeed one objector, Mr Bailey (appendix 8) had withdrawn his objection once he had spoken to the applicants.
To counter Ms Naqshbandi’s statement, Mr Patrick Clarke and Mr Ali Hayder addressed the Sub-Committee. Mr Clarke stated he had witnessed early morning deliveries contravening the current licence and his letter pages 226-227 stated in detail his concerns. Mr Ali Hayder stated he was a signatory on the petition submitted by his sister (Appendix 10) and had made a personal representation page 283. He sated the premises in question was the adjoining property and his family objected strongly to the application before the Sub-Committee.
He said they had tolerated noise disturbance for over 10 years but had chosen not to complain to the authorities in order to be good neighbours. However the constant humming of customers chatting and noise of cutlery was such that his family are unable to sleep with the windows open, especially in the summer months.
After hearing from both sides, Members enquired about the sale of alcohol ‘off-site’. Ms Naqshbandi clarified this was in relation to her clients catering business however accepted that under the licence one could not stop off sales. ... view the full minutes text for item 5. |
|
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.
Minutes: There were no decisions to be taken to extend decision deadlines under the Licensing Act 2003. |