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.

The minutes of the meeting were agreed and approved as a correct record. 

Licensing Objectives:

·       Prevention of Public Nuisance

·       Prevention of Crime and Disorder

Representations:

·       Residents

Ward: Bow East

This application was withdrawn.

Licensing Objectives:

·       Protection of Children from Harm

·       Prevention of Crime and Disorder

Representations:

·       Residents

Ward: Bow West

The Sub-Committee considered an application by Levent Demirci in respect of the Blue Ivy Café, Block C 24 Stoneway Walk, London, E3 5SH (“the Premises”). The application sought authorisation for the sale by retail of alcohol for consumption on the Premises from 11:00 hours to 22:30 Monday to Saturday and from 11:00 hours to 22:00 hours on Sundays. The application attracted a number of representations against it, from local residents. These representations were based on all four licensing objectives.

The Sub-Committee was informed that various conditions had been agreed with the responsible authorities. These included the keeping of refusals and incident logs, the supply of alcohol to be ancillary to a table meal, and the prohibition of vertical drinking.

Applicant

The applicant failed to attend the hearing. The Democratic Services Officer confirmed that the relevant hearing notice had been sent. No response had been received from the applicant. There had been no communication to suggest whether they would or would not be attending. The Sub-Committee was informed of its power to proceed with the hearing in the absence of the applicant and Members chose to do so.

Residents

Given the number of representations and that many of them were similar, the Sub-Committee heard from two of the residents, Ms. Eren and Mr. Rizvi, who spoke on behalf of all the objectors.

Ms. Eren expanded on her representation. She told the Sub-Committee that the Premises were located in a quiet area, which did not even have a convenience store. At night it was quiet. The area had the 8^th highest alcohol-related crime in London and the 2^nd highest rate of anti-social behaviour in London. The residents currently experienced vandalism, drug-taking and drinking in the local park.

Ms. Eren suggested that the Premises would not be able to comply with a table meal condition and suggested that they would be serving simply nibbles and lots of alcohol.

As to the use of the outside area, she queried who would be enforcing that after 21:00 hours and asserted that the number of smokers permitted (10) was an arbitrary figure. She said it amounted to 42% of the interior capacity.

Ms. Eren also told the Sub-Committee that lots of under-age drinking took place in the area and that the existence of a licensed premises would attract younger people to the area to drink. She suggested that this would inevitably also lead to drug use. Ms. Eren further spoke to issues relating to planning, such as the permitted operating time. She was informed by the legal adviser that licensing and planning are separate regimes and that if a licence was granted as sought and planning only allowed the Premises to operate to 22:00 hours, then the Premises would be bound to adhere to the planning condition.

Mr. Rizvi expanded upon his representation. He also referred to alleged breaches of planning conditions but emphasised his view that this went to the trust that could be placed in the proprietor to adhere to any licensing  ...  view the full minutes text for item 4.2

Licensing Objectives:

·       Protection of Children from Harm

·       Prevention of Crime and Disorder

Representations:

·       Trading Standards

·       Licensing Authority

Ward: Bromley South

The Sub-Committee considered an application by Alex Brander, on behalf of Tower Hamlets Trading Standards, for the review of the premises licence held in respect of Denni’s News, 15 Swaton Road, London, E3 4ES (“the Premises”). The application followed an under-age sale at the Premises on 1^st August 2022, which also indicated other breaches of the premises licence.

The application attracted representations in support from the Licensing Authority and from the Home Office. Trading Standards and the Licensing Authority sought the revocation of the licence.

The Sub-Committee was informed at the start of the hearing that there had been an application to transfer the licence from Dinesh Kanzaria to Manesha Sookun (his daughter and the Designated Premises Supervisor (DPS)) the day before. That had been ineffective due to a failure to provide right to work documentation. However, a further application had been lodged in the afternoon shortly prior to the hearing, to take immediate effect. The Licensing Officer present confirmed that this was the case. The Sub-Committee was informed by the Legal Adviser that, subject to any objection by the police, the transfer appeared to be effective but that the review application would still proceed.

Trading Standards

Mr. Brander informed the Sub-Committee of the circumstances surrounding the under-age sale and the other issues found at the shop. These included non-functioning CCTV and no refusal book. The seller had apparently been left in the shop by a member of staff. It is not clear why that happened. The seller, however, gave his address as the shop and, when challenged, called Mr. Kanzaria directly on the phone.

Mr. Brander’s written application also referred to other problems at premises operated by Mr. Kanzaria at other premises. These included trade mark offences in June 2009 at 101-103 Brabazon Street, E14, an under-age sale at another premises in Newham in 2011, and most recently an under-age sale at the Brabazon Street premises in December 2022, which is still being investigated.

Mr. Brander accepted that there could be additional conditions imposed on the licence. However, in all the circumstances he had no confidence in the management to comply with any licence conditions in the future and he asked that the Sub-Committee revoke the licence.

Licensing Authority

Corinne Holland addressed the Sub-Committee on behalf of the Licensing Authority. She stressed that there had been no age-verification policy in place and that the CCTV had not worked for at least two months. Both Mr. Kanzaria and Ms. Sookun had admitted that the refusal book was not being used. Ms. Holland also expressed her concern at the fact that the person selling alcohol had never been identified, was apparently not known to the management, and yet had called Mr. Kanzaria. She suggested that he must have known who he was. Ms. Holland expressed concern that Ms. Sookun did not have sufficient knowledge or experience of licensing and that the transfer would make no difference. She queried the wording of some of the proposed conditions that had been circulated  ...  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.

Licensing Objectives:

·       The prevention of public nuisance

·       The prevention of crime and disorder

Representations:

·       Environmental Protection

·       Metropolitan Police

Ward: Bow East

This application was withdrawn.