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.

There were no declarations of pecuniary interest made by the members.

The rules of procedure were noted.

To confirm as a correct record the minutes of the Licensing Sub-Committee held on 23^rd November 2021.

The minutes of the meeting held on the 23^rd November 2021were agreed and approved as a correct record.

At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer introduced the report which detailed the application for a new premises licence for Dauns, 77 Wentworth Street, London E1 7TD. It was noted that objections had been made by the Licensing Authority.

Mr Winston Brown, the applicant’s solicitor, addressed the sub-committee and stated that whilst representations had been made by the Licensing Authority due to the premises being in the Brick Lane Cumulative Impact Zone (CIZ), Mr Daun had offered conditions to rebut the presumption. 

Mr Brown said the premises met the criteria of being an ‘exceptional circumstance’ in that it was a food-led business offering a selection of exclusive Scandinavian wine and beer with Scandinavian food. He said the premises was small and would seat less than 50 covers. Mr Brown referred to pages 63-66 of the agenda which set out the background and proposed conditions. Mr Brown said Mr Daun had consulted with others and had established a good working relationship with other licensees in the area. Mr Brown added the hours applied for were within the framework hours and requested the members to grant the application.

Mr Mohshin Ali, Senior Licensing Officer said it was unclear if the Applicant had accepted the conditions put forward by the Licensing Authority in their letter of 19^th November 2021. Mr Ali said the application had been objected to based on the number of licensed premises serving alcohol and its cumulative effect on the area.

In response to questions from Members the following was noted:

• Mr Brown clarified his client accepted the conditions put forward by the Licensing Authority.
• Mr Daun said alcohol would only be served with food and at the moment the premises had seating for 14 people. He confirmed there would be no vertical drinking of alcohol.

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:

• The Prevention of Crime and Disorder;
• Public Safety;
• The Prevention of Public Nuisance; and
• The Protection of Children from Harm.

Consideration

The Sub-Committee considered an application by Ernst Daun for a new premises licence to be held in respect of Dauns, 77 Wentworth Street, London, E1 (“the Premises”). The application sought authorisation for the sale by retail of alcohol from 12:00 hours to 21:00 hours Sunday to Thursday and from 12:00 hours to 22:00 hours on Friday and Saturday.

The application attracted one representation from the Licensing Authority. This was based on the Premises being located in the Brick Lane Cumulative Impact Zone (CIZ).

The Sub-Committee heard from Mr. Daun and his solicitor, Winston Brown, who explained the application and had provided further written material in advance of the hearing. The Sub-Committee was told that this was a small, food-led premises providing Scandinavian food and drink. The business  ...  view the full minutes text for item 4.1

At the request of the Chair Mr Ibrahim Hussain, Licensing Officer, introduced the report which detailed the application for a new premises licence for Poplar Spice, 201 East India Dock Road, London E14 0ED. It was noted that objections had been made by the Licensing Authority and local residents.

Mr Abul Kawsar, representing the Applicant apologised for his client not being in attendance. He said the Applicant’s business partners were in attendance. Mr Kawsar explained they had applied for a late-night refreshments licence, to meet demand and ensure the business remained competitive. Of the objections received to the application, Mr Kawsar said these were tactical from other business competitors. He said the current business intended to make a fresh start and would comply with the licensing objectives and conditions.

Mr Mohshin Ali, Senior Licensing Officer, stated the main objection the Licensing Authority had to the application related to the historical incidences of the premises trading beyond the permitted hours and being in breach of the Covid -19 curfew. However, on two recent visits the Licensing Authority had found the premises to be compliant. Mr Ali added the lapsed licence had only come to light in October 2021, hence the current application.

In response to question from Members the following was noted:

• Mr Kawsar confirmed Mr Mohammed Mynul Khan would be at the premises with the two business partners to oversee the day-to-day operation of the premises.
• Last orders would be taken 30 minutes prior to closing time so to ensure food and take away orders do not exceed the closing time of the premises.
• The one-minute stop, with the late-night refreshments commencing at 23.01 hours had been applied for to allow for a shift change. No food would be served during that one-minute.
• In response to if the Applicant would consider an earlier closing time for Sunday, Mr Kawsar stated demand was high and therefore they’d like to operate until 2:00 hours as per their application.

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:

• The Prevention of Crime and Disorder;
• Public Safety;
• The Prevention of Public Nuisance; and
• The Protection of Children from Harm.

Consideration

The Sub-Committee considered an application by Mohammed Mynul Khan for a new premises licence to be held in respect of Poplar Spice, 201 East India Dock Road, London, E14 (“the Premises”). The application sought authorisation for the provision of late night refreshment from 23:01 hours to 02:00 hours seven days per week. Representations against the application were received from the Licensing Authority and from three interested parties.

The Sub-Committee heard from Mr. Kawsar and Mohammed Khan and Mr. M. D. Khan on behalf of the applicant. The Sub-Committee was informed that the applicant was out of the country and unable  ...  view the full minutes text for item 4.2

At the request of the Chair Mr Ibrahim Hussain, Licensing Officer, introduced the report which detailed the application for a new premises licence for Tower Hamlet’s Pizza, 479 Cambridge Heath Road, London E2 9BU. It was noted that objections had been made by Environmental Health.

The Applicant, Mr Haroon Hamidi, was not in attendance for the meeting. Democratic Services confirmed notification of the meeting had been sent to the Applicant and this had been followed up with phone calls enquiring if they’d be attending physically or virtually for the meeting.

The Sub-Committee then heard from Ms Nicola Cadzow who referred to her objection on page 268 of the agenda. Ms Cadzow said her objection related to the prevention of public nuisance and the concern of noise disturbance to residents in the early hours of the morning. Ms Cadzow requested the sub-committee not to grant the variation of the licence.

Members of the Sub-Committee had no questions for Ms Cadzow.

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:

• The Prevention of Crime and Disorder;
• Public Safety;
• The Prevention of Public Nuisance; and
• The Protection of Children from Harm.

Consideration

The Sub-Committee considered an application by Haroon Hamidi to vary the premises licence held in respect of Tower Hamlets Pizza, 479 Cambridge Heath Road, London, E2 (“the Premises”). The current licence permits the provision of late night refreshment from 23:00 hours to 01:00 hours Sunday to Thursday and from 23:00 hours to 02:00 hours on Fridays and Saturdays. The variation sought authorisation to provide late night refreshment to 05:00 hours seven days per week. The application attracted a representation from the Environmental Health Service, which considered that the application risked undermining the licensing objective of the prevention of public nuisance.

The applicant did not appear. The Sub-Committee’s Legal Adviser confirmed with officers that the requisite notices had been sent and the Sub-Committee was advised that the applicant’s son had acknowledged receipt of the hearing notices and confirmed that they would be attending remotely. There had been no other contact from the applicant. The Sub-Committee was given legal advice as to its powers to proceed or to adjourn pursuant to Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005. The Sub-Committee determined to proceed.

Ms. Cadzow, Environmental Health Officer, addressed her representation. In essence she was concerned that there was insufficient information to address the potential for public nuisance, particularly in respect of noise and the late hours.

The application made reference to delivery hours but also suggested that people would be eating inside the Premises to 05:00 hours. The absence of the applicant at the hearing meant that the Sub-Committee could not explore how noise from patrons and delivery drivers, for example, could be controlled. There were no  ...  view the full minutes text for item 4.3

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.

Nil Items.