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 INTEREST PDF 214 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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ITEMS FOR CONSIDERATION Additional documents: |
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Additional documents: Minutes: At the start of the hearing, a request was made by Mr Ziya Merton, Licensing Agent representing Mr Ali Berka, Applicant, for an adjournment. Mr Merton informed the Sub-Committee that the Applicant was not present at the meeting due to being in poor health abroad. However it was established at the meeting that the Applicant’s Licensing Agent had full instructions to represent on the Applicant’s behalf, and was content to proceed, if the Sub-Committee decided not to adjourn.
Members retired in private for a short while and then reconvened. The Chair announced that the request for adjournment had been refused, the Sub-Committee took into consideration the public interest, including the cost impact of an adjournment on all participants, and the fact that Mr Merton had full instructions and could proceed with full instructions to represent the Applicant.
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Kilikya, Unit C4 Ivory House, St Katharine’s Docks, London E1W 1AT. It was noted that objections had been received on behalf of individual local residents and a residents’ association.
At the request of the Chair, Mr Ziya Merton explained that the application was for off sales of alcohol only, and the hours were only for the licensable hours the premises already had. He said that he appreciates that the premises were a lively, but was a unique bar offering food and drinks. Mr Merton presented that the Applicant would ensure no idling of delivery vehicles, and any alcohol sold being delivered to customers would be sold in sealed containers and only sold ancillary to a meal.
Mr Merton explained that there was a full CCTV camera system in operation. He presented that the Applicant would be happy to consider any conditions which the Committee felt necessary and proportionate. It was noted that there were other premises in the area which could be the cause of the noise nuisance and crime and disorder referred to in residents’ written representations. It was noted that the premises had been closed since 6th January 2021, as the applicant was out of the country and did not want the premises open without him being present.
He explained that the introduction of off sales would attract and allow flexibility, making the business more sustainable. In terms of litter, staff would be on duty to patrol the immediate vicinity of the premises on a regular basis, and had 24 hour security to monitor any problems. He said that alcohol would only be sold with a meal, and would help customers avoid the inconvenience of purchasing food from one place and alcohol from another, which also disadvantages the business as customers prefer to get their food and drink from the same place, which in turn decreases the number of deliveries that would be made as a whole in relation to delivered orders.
In conclusion, Mr Merton concluded that no increase in hours ... view the full minutes text for item 3.1 |
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Application for a New Premises Licence for Lucky Dog, 70 Brick Lane, London E1 6RL PDF 282 KB Additional documents:
Minutes: At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a new premises licence for Lucky Dog, 70 Brick Lane, London E1 6RL. It was noted that an objection had been received on behalf of Environmental Health.
At the request of the Chair, Ms Corinne Tuplin, Legal Representative on behalf of the Applicant explained that it was a small set of premises with 27 covers selling Chinese cuisine for eating in and takeaway, in respect of which the Applicant sought to sell alcohol between 12 midday and 9.45pm, Monday to Sunday with a 10pm closure.
She acknowledged that the premises was in the cumulative impact zone (CIZ). However, Ms Tuplin did not consider that the premises would negatively impact the area, as the Police did not regard these premises as causing issues in the area, hence there had been no representations by them. It was noted that the Applicant was willing to accept the conditions proposed by Environmental Health in the event of the application being granted. Ms Tuplin said that the premises fell within exceptional circumstances as stated in paragraph 19.8 of the London Borough of Tower Hamlets’ Statement of Licensing Policy, namely that these premises were small with a capacity of 27 covers, the hours applied for were within the Council’s framework hours, the premises was not alcohol led, but food led, and there was no regulated entertainment.
Ms Tuplin said that there would be regular risk assessments, and notices would be displayed requesting customers to leave quietly and respect the needs of residents. She also made the observation that there were no objections from residents.
Members then heard from Ms Nicola Cadzow, Environmental Health Officer, who referred to her representations on page 127 of the agenda. She said that the application did not provide sufficient information on how granting it would not add to public nuisance in the area, and there was insufficient information in the application regarding the effects on the CIZ.
In response to a question, it was noted that the conditions in the operating schedule and those agreed with responsible authorities would be adhered to, if the application were granted.
Concluding remarks were made by both parties.
The Licensing Objectives
In considering the application, Members are normally 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 heard oral representations at the meeting made by the Applicant’s Legal Representative and the Officer representing Environmental Health objecting to the application with particular regard to the prevention ... view the full minutes text for item 3.2 |
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Additional documents: Minutes: At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a new premises licence for Tian Tian Market, Unit 2-3, 18 Piazza Walk, London, E1 8ZN. It was noted that an objection had been made by a local resident.
It was noted that the objector was not present at the meeting, and that nonetheless, the objector’s representations would be taken into account as set out in the agenda papers.
At the request of the Chair, Mr Mohibur Rahman, manager of the premises explained that the business was an oriental supermarket, selling oriental foods and drinks, and wanted to sell alcohol as part of the products being sold. He said that all staff would be trained, CCTV cameras were operational at the premises, and they would have one SIA accredited individual on door staff on duty during all hours of operation. He said that the hours applied for were between 7am to 11pm in order to be flexible during public holidays etc. but they currently operate Mondays- Sunday between 10am to 10pm.
In response to questions the following was noted;
1. CCTV cameras were in operation 24 hours a day, and images can also be accessed remotely via laptops or mobile. 2. SIA accredited door staff would help prevent public nuisance and crime and disorder, and deter people from drinking immediately outside the premises. 3. SIA accredited door staff would be hired through an agency who would deal with the shifts/rota/hours they work. 4. Notices asking customers to leave quietly and respect the needs of local residents would be displayed around the premises. 5. The premises would operate a Challenge 25 policy, train staff to check for IDs, and have a refusal and incident book to log any issues/incidents.
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 heard oral representations at the meeting made by the Manager of the premises representing the Applicant, and in the absence of the objector Members noted and considered the written objection contained in the agenda pack, with particular regard to the prevention of public nuisance.
Members welcomed the efforts made by the Applicant in accepting and agreeing to the conditions proposed by the Licensing Authority and also noted the hours during which the premises will be operating irrespective of the hours that had originally been applied for, were between the hours of 10am and 10pm. Members were of the view that a reduction in hours ... view the full minutes text for item 3.3 |
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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: Nil items.
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