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 Proceedure were noted.

Licensing Objectives:

·       The Prevention of Public Nuisance

·       The Prevention of Crime and Disorder

·       Public Safety

Representations by:

-       Environmental Health

-       Licensing Authority

-       Metropolitan Police

-       Petition from Local Residents

Spitalfields & Banglatown Ward

This application was Wthdrawn.

Licensing Objectives

·       The Prevention of Public Nuisance

·       The Prevention of Crime & Disorder

Representations by:

-       Residents

Limehouse 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

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 the oral representations at the meeting in person from the Applicant, and the written representations which were submitted in the agenda pack by residents.

The Sub-Committee considered an application for a variation of a premises licence by the Applicant, Ms Linda Cross, in respect of Vesuvio Italian Café Unit 3a, 139 Three Colt Street London E14 8AP to vary the sale of alcohol for on and off sale, and to add regulated entertainment namely live music. The Applicant was seeking the following:

The applicant has described the nature of the variation as addition of sales of alcohol and addition of live music:

The hours that have been applied for are as follows:

Sale of Alcohol (on and off sales)

Monda to Friday from 08:00 hours to 18:00 hours

Saturday from 08:00 to 21:00 Hours

Live Music (indoors)

Saturday from 18:00 hours to 21:00 hours

Hours premises is open to the public:

Monday to Friday 08:00 hours to 19:00 hours

Saturday from 08:00 hours to 22:00 hours

Sunday from 10:00 hours to 19:00 hours

Applicant

Ms Linda Cross addressed the Sub-Committee and said that she bought the premises in 2020, the café closed on the 21 March 2020 and reopened for takeaway on the 7^th May 2020. Ms Cross explained that she was not eligible at the time for the government schemes to financially support business during the pandemic, however she was eligible in July 2021. The reason

The Sub-Committee took into account the written representations of the objectors, who had previously emailed Committee Services to confirm that although they were not able to attend the hearing but wanted their written representations to stand.

The Sub-Committee noted from those representations that the café is small, with a capacity for 25 covers.

The Sub-Committee noted that the Applicant has 14 tables used outside in the public square, which added to the covers inside, totalled potentially 48 covers.

The Sub-Committee noted the representations that when the café was busy, the general noise level disturbs neighbours.

The Sub-Committee noted the objectors’ acknowledgement that the café operator had started to stack away furniture inside the café overnight, which had been an improvement regarding the impact of the café on the public square. The Sub-Committee noted the objectors’ concerns that the business leaves three unsightly red and white plastic high chairs outside 24/7, and after closing up, there was usually other clutter from the café left outside  ...  view the full minutes text for item 3.2

Licensing Objectives

·         The Prevention of Public Nuisance

Representations by:

-       Resident

Blackwall & Cubitt Town 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

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 the oral representations at the meeting in person from the Applicant, and Resident.

The Sub-Committee considered an application for a variation of a premises licence by the Applicant, Soda Bars Limited, represented by the Designated Premises Supervisor, Mr Nathan Brown, in respect of Soda and Friends Unit 2a, 20 Hopewell Street Square London E14 0SY to vary the sale of alcohol for on and off sale to add regulated entertainment namely live music The Applicant was seeking the following:

The sale by retail of alcohol (on and off sales)

·       Monday to Thursday, from 07:00 hrs to 23:00 hrs (No change)

·       Friday and Saturday, from 07:00 hrs to 00:00 hrs (midnight)

·       Sunday, from 07:00 hrs to 22:30 hrs (No change)

The provision of regulated entertainment – Indoors

(Recorded music)

·       Monday to Thursday, from 07:00 hrs to 23:00 hrs

·       Friday and Saturday, from 07:00 hrs to 00:00 hrs (midnight)

·       Sunday, from 07:00 hrs to 22:30 hrs)

The provision of late night refreshment – Indoors and outdoors

·       Monday to Thursday, from 07:00 hrs to 23:00 hrs (LNR not required)

·       Friday and Saturday, from 07:00 hrs to 00:00 hrs (midnight)

·       Sunday, from 07:00 hrs to 22:30 hrs (LNR not required)

LICENSING OFFICER COMMENTS: The provision of late night refreshment starts at 23:00 hrs. The applicant has stated “Background music only” under late night refreshment.

The opening hours of the premises

·       Monday to Thursday, from 07:00 hrs to 23:30 hrs

·       Friday and Saturday, from 07:00 hrs to 00:30 hrs the following day

·       Sunday, from 07:00 hrs to 22:30 hrs

Applicant

The Sub-Committee noted from Mr Harris, resident who made the objection, that on Saturday 28^th February, the Noise Team had visited the property and confirmed that there was a disturbance and that it was extremely loud hitting ninety decibels.

Paragraphs 2.15 and 2.17 of the Secretary of State’s guidance given under S182 of the Licensing Act 2003 points licensing authorities to the need to ensure that any conditions attached with regard to the prevention of public nuisance should be proportionate in upholding that licensing objective.

A condition which is disproportionate for a greater number of hours, can be more proportionate for a shorter number of hours, by being less onerous over a shorter period of time on any given day.

The Sub-Committee took into account the licensing objective of preventing public nuisance.

The Sub-Committee considered that a condition regarding the installation and operation of a sound  ...  view the full minutes text for item 3.3

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.

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) Regulations 2005, it was in the public interest to do so, and did not require representation from parties to the applications.