Agenda, decisions and draft minutes
Venue: The Council Chamber, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Simmi Yesmin, Democratic Services Tel: 020 7364 4120, E-mail: simmi.yesmin@towerhamlets.gov.uk
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APOLOGIES FOR ABSENCE To receive any apologies for absence. Minutes: There were no apologies for absence.
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DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 56 KB To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. See attached note from the Monitoring Officer.
Minutes: There were no declarations of disclosable pecuniary interest.
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To note the rules of procedure which are attached for information. Minutes: The rules of procedure were noted.
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ITEMS FOR CONSIDERATION |
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Additional documents: Minutes: At the request of the Chair, Mr Mohshin Ali, Senior Licensing Officer, introduced the report which detailed the application for a review of the premises licence for Sajna Indian Grill & Restaurant, 80 Osborn Street, London E1 6TD. It was noted that the review had been triggered by the Licensing Authority.
At the request of the Chair, Mr Andrew Heron, Licensing Officer explained that Sajna was one of the 2/3 premises who were repeat offenders for touting, he referred to his statement contained in the agenda and further explained that there had been 4 failed test purchases and there had been 16 complaints for this one premises which had been warned many times. It was further noted that the premise already had touting conditions on the licence which the Premise Licence Holder had complete dis regard for as they were breached on a regular basis and had been fined and prosecuted for. Mr Heron mentioned that he had visited the Licence Holder many times to advise him of the breaches however it still continues to occur. He detailed some of the incidents of touting and concluded that to improve the management of the premises, Members were recommended to suspend the licence for a period of 4 weeks.
Members then heard Mr Ali Akbor, Director of the premises who stated that he was disappointed to be here again. He stated that the premise was fined £3000 for reports of touting. He mentioned that the restaurant was in a quite area and business was not doing so well and they had to work really hard to compete with restaurants in Brick Lane. He stated that the meet and greet staff had been told not to go on the pavement to speak to customers and to stay within the door. Mr Akbor concluded by stating that that it was a family business and that he had to tout for his business to survive and would have to continue touting to keep his business going.
The Chair questioned Mr Heron about why suspension was requested and not revocation. Mr Heron stated that the best way to control the premises and improve control of management was through the Licensing Act.
Members retired to consider their decision at 10.55am and reconvened at 11.10am.
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 Licensing Guidance and the Council’s Statement of Licensing Policy.
Consideration
Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had reached a decision and the decision was unanimous. Members looked at all the powers available to them and decided to revoke the licence. This was on the grounds of the prevention of public nuisance and the prevention of crime and disorder.
Members heard from the responsible authority that this restaurant was one of the worst offenders on Brick Lane. Members took ... view the full minutes text for item 4.1 |
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Additional documents:
Minutes: At the request of the Chair, Mr Andrew Heron, Licensing Officer, introduced the report which detailed the application for a new premises licence for Private Members Club, First Floor, 19-23 Bethnal Green Road London E1 6LA. It was noted that there had been objections from local residents and the Metropolitan Police.
At the request of the Chair Mr Craig Baylis, Representative for the applicant stated that he was happy to accept the conditions proposed by the police on page 159 of the agenda, he stated that the objections were based on the premises downstairs. He explained that the Private Members Club was a separate premise, separate management and a separate business and referred Members to the conditions proposed on page 96 of the agenda.
It was noted that the club would only be for Members and their guests and for pre booked functions. That it was not for members of the public and people could not join on the day. That member’s of the club would be known by name to management, and would pay an annual fee of £175. The premise would be used lunch meetings meeting clients, social events etc. Mr Baylis referred to the noise measurements contained in the supporting documents and explained that there had been a series of Temporary Events Notices which had caused no problems. He concluded that they were happy to accept the conditions proposed by the Police and accept to limit the premise capacity to 180 people and would charge a membership fee of £175.
At the request of the Chair, Ms Stephanie Knowles, spoke on behalf of Ms Georgina Christou, local resident who stated that the premises were connected to Beach Blanket Babylon (BBB) the premise downstairs as they shared the same Designated Premises Supervisor and also have the same director. She stated that the number of noise complaints were ongoing. It was noted that a successful review in 2008 meant that BBB had to reduce their opening hours from 3am to 1am.
Ms Knowles stated that the customers of BBB were rude, abusive to Ms Christou. She highlighted the impacts of the premises falling within the Cumulative Impact Zone and the fact that the current licensing conditions of BBB are not complied to. Ms Knowles concluded that if one guest can have up to three guests, the premises would have ¾ non-members and ¼ members, identification of all those present would be difficult. She requested that the application not be granted, however if Members were minded to grant the application, then they should reduce the hours and impose strict noise conditions.
Members then heard from PC Mark Perry, Metropolitan Police, supported the statement made by Ms Knowles. He briefly made reference to the cumulative impact zone and the fact that if the premise was granted late opening hours, it would attract people who would cause nuisance and disorder.
Members asked questions about the capacity of the premises, the types of functions that the premises would hold, how many ... view the full minutes text for item 4.2 |
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Additional documents: Minutes:
At the request of the Chair, Mr Andrew Heron, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Lupita, 60-62 Commercial Street, London E1 6LT. It was noted that objections had been made by local residents, Metropolitan Police and the Licensing Authority.
At the request of the Chair, Mr Philip Doyle, Licensing Agent, stated that he wished to amend the application to reduce the hours to 1am on Thursdays, Fridays and Saturdays and offered a number of conditions. It was noted that the reason for the extended hours was due to requests from customers and the hours applied for would be for small private parties for up to 50 people.
The objectors referred amongst themselves and accepted the amended application.
Members retired to consider their decision at 12.20pm and reconvened at 12.25pm.
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 Licensing Guidance and the Council’s Statement of Licensing Policy.
Consideration
Members noted the amendments to the application offered by the applicant which were also accepted by the objectors. The variation application was therefore granted as follows;
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a variation of the premises licence for, Lupita, 60-62 Commercial Street, London E1 6LT be GRANTED with Conditions.
Application applies to basement area only
Sale of Alcohol
Thursday from 23:30 hours to 01:00 hours (the following day) Friday & Saturday from 00:00 hours (midnight) to 01:00 hours (the following day)
The Provision of Late Night Refreshments
Thursday from 23:30 hours to 01:00 hours (the following day) Friday & Saturday from 00:00 hours (midnight) to 01:00 hours (the following day)
Hours premises are open to the public
Thursday from 00:00 hours (midnight) to 01:00 hours (the following day) Friday & Saturday from 00:30 hours to 01:00 hours (the following day)
Conditions
Members expect that this premise would be operated primarily as a dinning establishment to which drinking will be an ancillary purpose.
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Additional documents: Minutes: At the request of the Chair, Mr Andrew Heron, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Best Star One, 23 Whitechapel Road, London E1 1DU. It was noted that objections had been made by local residents, Metropolitan Police and the Licensing Authority. It was noted that the representation from the Director of Public Health would not be considered as it did not directly relate to the premises.
At the request of the Chair, Debora Silvester, Licensing Representative stated that she wanted to amend the hours to reduce the hours to 3am Monday to Saturday and Sunday till 2am.
She stated that there had been a couple of test purchases at the premises and both had been successful. It was noted there were seven members staff, four of whom had personal licences. That staff had regular training and records were kept and would be available for inspection, that a challenge 25 policy was being operated and a refusal book kept and that there had never been any evidence of staff selling to underage children.
Ms Silvester stated that in 2012 alcohol was seized from the premises however all the bottles were returned as they were found to be genuine and they had documents available. She stated that the premises licence holder had firmly believed that the officers who turned up at the premises were suspicious as previously they had been scams where alcohol had been taken. It was further noted CCTV recordings were now programmed to be kept for 45 days and strict measures in place to have no children allowed after 10pm without an accompanied adult and would actively discourage and ban known street drinkers.
At the request of Chair, PC Mark Perry referred to the statement contained in the agenda explaining that the premises was in the middle of the saturation zone, and referred to the incidents which had occurred at the premises. PC Perry highlighted the Premises License Holder’s challenging behaviour towards the Police. It was also noted that CCTV observations had shown that alcohol had been sold outside terminal hours. He also made reference to effect longer opening hours would have on the hostels nearby and that this would be the focal point for street drinkers and with people often found to be begging outside the premises and therefore there they may be temptation to sell to people who are intoxicated.
Members then heard from Jon Shapiro, local resident, who expressed concerns of anti-social behaviour, crime and disorder in the area.
In response to questions from Members it was noted that the premises was on the main road and there were many hostels nearby. That the Premises Licence Holder had been very aggressive towards Police when customs visit was undertaken and that alcohol had been sold outside licensing hours.
Members retired to consider their decision at 12.55pm and reconvened at 1.10pm.
The Licensing Objectives
In considering the application, Members were required to consider the ... view the full minutes text for item 4.4 |