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
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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: 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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ITEMS FOR CONSIDERATION |
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Additional documents:
Minutes: At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Noodles & Beer, Unit 6, 31 Bell Lane, London, E1 7LA. It was noted that objections had been received by Officers on behalf of the Licensing Authority and Environmental Health as well as from a local resident. At the request of the Chair, Mr Darren Almeida, Legal Representative on behalf of the Applicant explained the premises licence was being sought for a Noodle restaurant, which had a total of fifty three covers (seats). Mr Almeida explained the Applicant had put forward conditions, as per the supplement agenda, taking on board the advice of the Police Licensing Team, with whom it had agreed conditions. It would ensure a CCTV system and a Challenge 25 policy, is in place to combat against any crime and disorder or public nuisance, should it arise. Mr Almeida said staff would be trained to use the CCTV equipment and relevant notices would be placed outside the premises to ask patrons to leave quietly. The restaurant is not a nightclub so therefore there is no risk of a large crowd leaving at the same time. There would be a steady flow of customers coming and going, who would eat and leave the restaurant quietly. Mr Almeida said the concerns raised by the local resident had been addressed on page 6 of the supplement agenda (points a to e) concerning the breakout of noise from the premises. Mr Almeida said the adoption of the proposed conditions should allay the fears of residents and would uphold the licensing objectives. Mr Almeida requested the premises licence be granted. Members then heard from Ms Nicola Cadzow, Environmental Health Officer. She explained she objected to the application as scant detail was provided in the initial application on how the Applicant would uphold the licensing objectives in particular the public nuisance objective. Ms Cadzow said that having looked at the proposed conditions put forward in the supplement agenda, she remained concerned at the Applicants ability to report and log incidences of noise and public nuisance. She said the conditions did not specify times for the disposal of rubbish and bottles which she would expect to see in the proposed conditions or any mitigation against the level of noise that would be permitted before doors and windows would be closed. Ms Cadzow reminded Members the premises was in a cumulative impact zone (CIZ) and the onus was for the Applicant to show how the licensing objectives would not be undermined. Mr Mohshin Ali, Licensing Officer concurred with the objection raised by Ms Cadzow stating that his objection related to the premises being in a cumulative impact zone. He said the Applicant’s representative had made no attempt to address how it would rebut the presumption of refusing the licence, on the grounds that the premises is in a CIZ. Mr Ali said the conditions put forward did not, on a balance ... view the full minutes text for item 3.1 |
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Additional documents:
Minutes: At the request of the Chair, Corinne Holland, Licensing Officer introduced the report which detailed the application for a new premises licence for Pavilion, 37 Brushfield Street, London E1 6AA. It was noted that objections had been received by Officers on behalf of Environmental Health and local residents. However the objections from the local residents had been withdrawn following mediation between the Applicant and the objectors.
As the request of the Chair, the Applicant’s Legal Representative Ms Sarah Le Fevre explained that the application, as submitted, had been extensively revised following a mediation meeting with local residents. The hours for the sale of alcohol applied for had been reduced from 07:00 - 23:30 hours, to 10:00 - 23:30 hours Monday to Sunday. The initial application reflected the hours of the previous business, whose licence had lapsed due to the business going into liquidation.
Ms Le Fevre explained the licence would apply to the basement area only and not the Ground, First and Mezzanine floors. The application had attracted six resident objections and one from a Housing Residents Association. However all these objections had been withdrawn following a mediation meeting on the 3rd February 2020. Ms Le Fevre said some objectors had written emails in support of the revised application.
Ms Le Fevre referred members to the pages 25 and 26 of the supplement agenda and the proposed conditions therein. She said additional conditions had been agreed with residents. The basement had a single access point and had been acoustically assessed to ensure noise did not carry to disturb neighbours. The access and egress point for the collection of waste was on Commercial Street, and is currently used by other businesses in Spitalfield Market. It therefore did not give rise to complaints as the operation to collect waste is supervised.
Ms Le Fevre said the her client, Mr Jason Dervin was the General Manager of the Spitalfields Estate for the Applicant company Bishops Square S.A.R.L. Mr Devin had been in post for eighteen plus years and had built good relations with neighbours. The Applicant had applied for the licence for the sale of alcohol for the basement area to allow for pre-booked private events. The other floors had been successfully let to a high end fashion retailer. Ms Fevre said exceptional circumstances applied because there had been a wholesale withdrawal of objections by residents, despite the premises being in a cumulative impact zone (CIZ).
Members then heard from Ms Cadzow, Environmental Health Officer who reminded members the application was for a new licence within a CIZ and therefore there was a presumption to refuse the application unless Members were satisfied the presumption had been rebutted. She said whilst she appreciated and welcomed the reduction in hours, she was concerned about the dispersal of people once the events were over. Ms Le Fevre reassured Members there was a dispersal policy in place.
In response to questions the following was noted: · There had been no history of complaints against the premises. · The ... view the full minutes text for item 3.2 |