Agenda, decisions and minutes
Venue: The Council Chamber, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Simmi Yesmin, Senior Democratic Services Officer Tel: 020 7364 4120, E-mail: simmi.yesmin@towerhamlets.gov.uk
No. | Item | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 117 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: Councillor Shad Chowdhury declared that as the ward councillor for Spitalfields and Banglatown, he knew some of the objectors speaking in Item 4.1.
He declared he had not been in communication with any of the objectors in relation to the matter before the Sub-Committee and had no pecuniary interest. He declared he would be considering the application with an open mind and had not pre-determined his decision in the matter.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
To note the rules of procedure which are attached for information. Additional documents: Minutes: The Rules of Procedure were noted by the Sub-Committee.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
MINUTES OF THE PREVIOUS MEETING(S) PDF 211 KB To confirm as a correct record the minutes of the Licensing Sub-Committee held on 10th, 17th and 24th September 2019. Additional documents:
Minutes: The minutes of the Licensing Sub-Committee held on the 10th, 17th and 24th September 2019 were agreed as an accurate record of the proceedings.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ITEMS FOR CONSIDERATION |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Additional documents: Minutes: At the request of the Chair, Ms Samantha Neale, Licensing Officer, presented the report which detailed the application for a new premises licence for Duck and Dry, 105C Commercial Street, Old Spitalfields Market, London E1 6BG. It was noted that representations had been made by local residents.
Ms Lisa Gilligan, the Applicants Legal representative, explained that the premises is a hairdressing salon catering for customers seeking a haircut, hairstyling or beauty treatment. A sale of alcohol licence had been applied for in order to give customers a unique experience of enjoying a glass of wine whilst having their beauty treatment. Ms Gilligan stated the hours applied for were within the Council’s legal framework hours and therefore would not add to the cumulative impact in the area by having a negative effect on the licencing objectives. Ms Gilligan referred members to the conditions outlined on page 49 of the agenda and said careful consideration had been given to limit the sale of alcohol to patrons only and to restrict the licensable activity to the company responsible for the franchise. Ms Gilligan referred to the examples of exceptional circumstances listed at paragraph 19.8 on page 136 of the agenda and said her clients business satisfied this criteria as it is a small non-alcohol led premises applying for a licence within the framework hours.
In addressing the individual objections, Ms Gilligan clarified that toilet facilities were available within the premises and patrons would have access to these. With the consent of the objectors, she shared photographs of the reception and bar area and reiterated that the business is primarily a hairdressers and not alcohol led.
Members then heard from Mr Ben Williams, local resident, and Mr Jonathan Stebbins, President of the Spitalfields Market Residents Association. Mr Williams said he had concerns at how normal everyday activities, such as having a haircut, were associated with alcohol. He said the promotional material on the company’s website suggested that bottles of Prosecco were available for sale. Mr Stebbins added that the proliferation of alcohol led businesses and the associated public nuisance was the reason why the cumulative impact zone had been introduced in the area. Mr Stebbins said that whilst residents welcomed new businesses, they had to be mindful of the area being a mixed commercial and residential area. The buildings are not sound insulated and noise travels. Mr Stebbins relayed the concerns of Ms Pamela Mossman, an objector, regarding the company website which states that group and party bookings were welcomed. Both objectors stated that the granting of licences to businesses in the area on an incremental basis meant the residents suffered. Mr Stebbins was concerned that the association of alcohol to everyday activities would set a precedent for other businesses, similar in nature, to follow suit.
In response to questions from members, the following was noted:
· The capacity of the premises is ten clients at any one time in the main hairdressing salon upstairs and six clients in the nail bar downstairs in the ... view the full minutes text for item 4.1 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Additional documents:
Minutes: At the request of the Chair, Ms Samantha Neale, Licensing Officer, presented the report which detailed the application for variation of a premises licence for The Old George Public House, 379 Bethnal Green Road, London E2 0AN. It was noted that representations had been made by local residents.
Ms Clare Johnson, the Applicant’s Legal Representative, explained that a variation of the premises licence was being applied for to include an external bar servery. Ms Johnson said that the Applicant had worked with the responsible authorities and had agreed conditions, as outlined on page 7 of second supplemental agenda. She confirmed that the Applicant had agreed to the bar servery being at the farthest point away from residential properties and the addition of a condition for the garden area to close at 21:00 hours so as to respect the needs of neighbours.
Members then heard from Ms Carter, a local resident. Ms Carter said that she welcomed the efforts made by the Applicant and the conditions agreed with the responsible authorities, however, she had concerns in relation to the condition allowing smokers to use the garden area after 21:00 hours. Ms Carter read out her statement in which she described the effect of noise nuisance on families living in the adjacent properties and those behind the premises. Ms Carter said the potential of ten smokers smoking outside, talking and laughing, would result in noise travelling into their flats. She was concerned that noise and chattering of smokers would be amplified to an intolerable level and would prevent children from sleeping.
In response to questions from Members, the following was noted:
· A noise management document had been agreed with the Responsible Authorities which included the pub management’s commitment to establish good relations with its neighbours. The Applicant offered to retain the existing arrangement which allowed smokers to smoke in the designated area in front of the pub rather than in the garden area after 21:00 hours.
Members adjourned the meeting at 19:57 hours for deliberations and reconvened at 20:08 hours.
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 licensing objectives:
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and the oral representations from the Applicant’s Legal Representative and local residents with particular regard to public nuisance.
The Sub-Committee noted the premises is in a cumulative impact zone (CIZ) and the application is to vary the current licence to include an external bar servery to close at 21:00 hours. The Sub-Committee noted the Licensing Authority and Environmental Protection had agreed conditions with the Applicant and ... view the full minutes text for item 4.2 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Licensing Act 2003 Temporary Event Notice for Unit E4, 12 Stour Road, London E3 2NT PDF 124 KB Additional documents: Minutes: At the request of the Chair, Ms Samantha Neale, Licensing Officer, introduced the report which detailed the application for a Temporary Event Notice (TEN) for Unit E4, 12 Stour Road, London E3 2NT. It was noted that an objection had been received from the Environmental Protection Team.
Mr Edward Osley, the Applicant, explained the TEN was for a dance night with local DJ’s playing music. The TEN applied for was for the weekend of 2-3 November 2019. Mr Osley explained that the event would be taking place in a warehouse which was situated away from Swan Wharf, the residential area. He said that the event would finish at 6:00am, with guests able to make their journey home via public transport. Mr Osley added that the sale of alcohol would cease at 4:00am and music would be turned off at 5:00am, allowing guests to sober up before leaving the premises. Mr Osley said that he was willing to negotiate the hours of operation with the Environmental Protection Officer, Ms Cadzow.
Ms Cadzow, the Environmental Health Officer, expressed concerns in relation to the proximity of the premises to residential properties and said that several complaints had been received from residents in the past, although not specifically in relation to the premises in question. Ms Cadzow said that she did not agree with the time lapse between the ending of the sale of alcohol and patrons leaving the premises. She noted that it was usual to have a half hour drinking up time prior to the premises closing. Ms Cadzow said that she was willing to discuss a reduction in the hours of operation with the Applicant however she noted that no contact had been received from the Applicant prior to the meeting.
The Sub-Committee adjourned the meeting at 7.39pm to allow the Applicant and the Officer representing Environmental Health to consider whether an agreement could be reached.
The meeting was reconvened at 8:08 pm and it was noted that an agreement had been reached between the parties.
Accordingly, it was
RESOLVED
That the application for a Temporary Event Notice for Unit E4, 12 Stour Road, London E3 2NT be GRANTED.
The sale by retail of alcohol (on sales only)
Saturday 2 November from 21:00 hours to 01:30 hours on Sunday 3 November 2019.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Additional documents: Minutes: At the request of the Chair, Ms Samantha Neale, Licensing Officer, introduced the report which detailed the application for a Temporary Event Notice (TEN) for Hurk, Unit 8, 29 Whitepost Lane, London E9 5EN. It was noted that objection had been received from the Environmental Protection Team.
Mr Patrick Lindblom, on behalf of the Applicant, explained that the TEN was for a Halloween event on the weekend of 2-3 November 2019. He briefly explained the concept of the premises, the good relations he had with local residents, the need for the additional hours and the measures that were in place to mitigate any concerns of public nuisance, in particular noise nuisance. It was noted that the premises currently had framework hours and had been trading for the past four months.
Member then heard from Ms Nicola Cadzow, Environmental Health Officer. She expressed concerns in relation to the close proximity of the premises to residential properties, the potential noise breakout from music and customer accessing and egressing during noise sensitive hours. She believed that the hours were excessive and that the Applicant would benefit from a gradual increase in hours to build experience for late night events.
After some discussion, the Sub-Committee adjourned the meeting at 7.15pm to allow Mr Lindblom and Ms Cadzow to consider whether an agreement could be reached.
The meeting was reconvened at 7.20pm and it was noted that an agreement had been reached between the parties.
Accordingly, it was
RESOLVED
That application for a Temporary Event Notice for Hurk, Unit 8, 29 Whitepost Lane, London E9 5EN be GRANTED.
The sale by retail of alcohol (on sales only)
Saturday 02 November 2019 from 00:00 hours (midnight) to 01:00 hours Sunday 03 November 2019 from 00:00 hours (midnight) to 01:00 hours
The provision of regulated entertainment – Indoors
Saturday 02 November 2019 from 00:00 hours (midnight) to 01:00 hours Sunday 03 November 2019 from 00:00 hours (midnight) to 01:00 hours
The opening hours of the premises
Saturday 02 November 2019 from 00:00 hours (midnight) to 01:30 hours Sunday 03 November 2019 from 00:00 hours (midnight) to 01:30 hours
The conditions on the current licence are to be imposed during the temporary event.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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: The Chair agreed to extend the decision deadlines for the following applications;
|