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 Interest.

The Rules of Procedure were noted.

To confirm as a correct record the minutes of the Licensing Sub-Committee held on the 22^nd November 2022 and 13^th December 2022.

The minutes of the meeting of the 22^nd November and the 13^th December were agreed and approved as a correct record. 

Licensing Objectives

·       The Prevention of Public Nuisance

·       The Prevention of Crime and Disorder

Spitalfields & Banglatown Ward

This Item has now been withdrawn, it will not be considered at this meeting.

This application was withdrawn.

Licensing Objectives

·       The Prevention of Public Nuisance

St Katherine’s & Wapping Ward

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:

·       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 Kemal Seckin Balikel for a new premises licence in respect of Kilikya’s Café Bar Restaurant, Unit C4 Ivory House, St. Katharine’s Dock, London, E1W (“the Premises”). The application sought the sale by retail of alcohol for consumption on and off the Premises from 12:00 hours to 23:00 hours Monday to Saturday and from 12:00 hours to 22:30 hours on Sundays. The application included an external area as part of the licensed premises and in respect of which a different terminal hour applied. That terminal hour proposed was 21:00 hours Sunday to Thursday and 21:30 hours on Friday and Saturday. The opening hours would be 07:00 hours to 23:00 hours seven days per week.

The application attracted twelve representations. Of those, nine were from residents and the Friends of St. Katharine’s Dock (FOSKD) and, in general, opposed the application to a greater or lesser extent. The remainder of the representations were in support of the application.

The Sub-Committee initially had to deal with a debate between the applicant and the representative for FOSKD) as to the time allotted to the parties. Each party who had responded to the notices sent under Reg. 6 of the Licensing Act 2003 (Hearings) Regulations 2005 was permitted an equal amount of time in which to speak. The Sub-Committee determined not to hear from those appearing but who had not returned their notices, given the need to manage time effectively and that there were two other items for determination on the agenda. The Sub-Committee was reminded of its power to ask questions of any person appearing if it wished to do so.

Applicant

Mr. Sutherland addressed the Sub-Committee. He explained that the applicant already held a licence in respect of Units C3 and C4, which had been granted around eleven years earlier. The application really sought to regularise the position and to reflect changes that had occurred since the last licence was granted. The current licence did not include the external area shown to the right of Unit C4 on the plan. The Premises had operated with the benefit of the off-sales provision granted under the Business and Planning Act 2020 during the coronavirus pandemic.

The hours sought in the new application mirrored those of the existing premises licence. Ivory House had its own SIA-staff and the only issue that was really in dispute was the proposal to remove existing condition 6, which required alcohol to be served with a meal.

Residents who made a Representation

Mr. Charalambides addressed the Sub-Committee on behalf of FOSKD (Friends of St  ...  view the full minutes text for item 6.

Licensing Objectives

·       The prevention of Public Nuisance

·       Protection of Children from Harm

Bow West Ward

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:

·       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 Christopher Tyerman for a premises licence in respect of Jungle Electric, 467 Roman Road, London, E3 (”the Premises”). The application sought the sale of alcohol from 08:00 hours to 22:30 hours Monday to Saturday and from 11:00 hours to 21:00 hours on Sunday. Regulated entertainment was also sought for the same terminal hours but commencing at 08:00 hours. The opening hours mirrored those for regulated entertainment. The application attracted one objection from a local resident.

Applicant

The Sub-Committee heard from Mr. Steptoe, who explained that he and Mr. Tyerman owned the business. They’d been operating since September 2022 and the Premises operated primarily as a café. That would still be the case. The Premises were small, with about 25 covers inside. The purpose of the application was to allow local musicians to perform, perhaps three or four times per month. Entertainment was now largely deregulated and they wanted to be able to offer patrons a limited choice of alcohol whilst watching. They also wished to extend that to the daytime clientele.

In terms of the music events, this would be controlled by an online application, which recorded the names and addresses of those booking, and would be limited to 50 patrons. Mr. Tyerman had extensive experience of operating licensed premises and within the hospitality sector. A number of conditions had been agreed between the applicant and the police and the Environmental Health Service. They’d reached out to the one resident who objected, but had received no response. The area itself was not residential and they had no desire to upset the local residents.

During questions, the applicant confirmed that they would not be selling cask or draught beers, for example. It would mostly be a limited selection of bottled beers. They were agreeable to operate Challenge 25 rather than Challenge 21 as initially proposed. Members also explored security issues, such as whether SIA-staff would be used. Mr. Steptoe explained that the cost would be prohibitive given the small numbers of patrons. The police were content with the agreed conditions.

The applicant also confirmed that they were amenable to reduce the terminal hour for the sale of alcohol to thirty minutes before closing, which allowed for “drinking-up” time and that they were agreeable to a condition that the records from the ticketing app would be kept for twelve months and made available to the police or local authority officers on request. The Sub-Committee was told that the Premises had given Temporary Event Notices (TENs) as well.

The resident making a representation did not  ...  view the full minutes text for item 7.

Licensing Objectives:

·       The prevention of crime and disorder

·       The prevention of public nuisance

Consideration

The Sub-Committee held a hearing to consider an objection raised under section 104 Licensing Act 2003 by the Metropolitan Police to a temporary event notice (given by Mr Giacomo on the 6^th January 2023). The dates and times that have been applied for as follows: The sale by retail of alcohol, the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, the provision of regulated entertainment 21/01/2023, from 17:00 hours  to 21:00 hours, known as Shoreditch Creativity 82a Commercial Street London E1 6LY.

Metropolitan Police

PC Mark Perry addressed the Sub-Committee and raised concerns that this premises was located very close to local residents and previous events at the venue, both when the premises had a license, and in subsequent TEN applications had resulted in local residents suffering from noise nuisance from both music noise from the venue and from those attending from the venue as congregated outside as they made their way home. There were also concerns that this venue when it previously operated as a nightclub was associated with drug use, and violence.

The applicant has not stated how they will prevent crime and disorder, and certain music events such as this would have an increased risk of crime and disorder. The applicant has not stated how they would prevent this from happening, there was no security plan nor mention of SIA security officers or dispersal plan. This was purely an unsuitable location to hold such events as this and asked the Sub-Committee refuse the TEN.

Applicant

Mr Giacamo addressed the Sub-Committee and was aware that there had been complaints previously lodged in December 2022, there was miscommunication, with regards to the time. Mr Giacomo confirmed to the Sub-Committee that he had reduced the event time to 21:00 hours opposed to 22:00 hours. There would be two members of security, and had no issues with violence, and have received positive feedback from members of the public. They wanted to create a space for a new flow of events to showcase fashion shows and pop ups. Mr Giacomo was aware of the previous reputation, but he wanted to be given the opportunity to create a pleasant community in East London.

Mr Giacomo assured the Sub-Committee that they were experienced in a small capacity and were prepared for any scenario and felt that due to the reduced time frame patrons would not be too intoxicated.

DECISION

The application for a Temporary Event Notice is hereby REFUSED

REASONS

The Licensing Sub-Committee has considered the application for a Temporary Events Notice, The TEN itself was reasonably modest, being for Seventy-Five people on a Saturday from 17:00hrs to 21:00hrs. The Police objected based on public nuisance and crime and disorder. PC Mark Perry told the Sub-Committee, there have been previous problems with the premises TENS in the last year, had proceeded without objection, and resulted in complaints of noise nuisance. He was of the view the premises was wholly  ...  view the full minutes text for item 8.

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.

Members agreed to extend the decision deadlines for the applications below to the dates stated: Licensing applications were extended due to the impact of the pandemic, and were adjourned under regulation 11 of the Licensing Act 2003 (Hearings) Regulation 2005, it was in the public interest to do so and did not require representation from parties to the application.