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
No. | Item |
---|---|
DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 64 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.
|
|
To note the rules of procedure which are attached for information. Additional documents: Minutes: The rules of procedure were noted.
|
|
ITEMS FOR CONSIDERATION |
|
Additional documents: Minutes: At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for Bundu Khan, 43 Commercial Street, London E1 6BD. It was noted that objections had been made by a local resident with a supporting petition.
It was noted that all addresses on the petition had been verified as there was no header on the petition and so therefore the petition was accepted as part of the initial representation sent in by Ms Khanum. It was also noted that the representation regarding the protection of children from harm was not a relevant consideration for Members as this was not in the premises however could be seen as public nuisance.
At the request of the Chair, Mr Kennith Burliegh, Representative on behalf of the Applicant explained that the premises had been trading since 2008 and has been using the Bring Your Own policy since 2009. He explained that it was a fine dining restaurant and wanted to sell alcohol with food. He said that an alcohol licence would give management better control of alcohol consumption by patrons.
It was noted that the Designated Premises Supervisor has had 18 years experience of running licensed premises, that alcohol would be served at tables and that there had been no complaints or problems at the premises.
There was no objector present at the meeting and therefore members considered and noted the objections contained in the agenda.
In response to questions it was noted that the premises was currently trading as a restaurant and customers were bringing there own alcohol, that the premises would operate a Challenge 21 policy and would only sell alcohol with food. It was noted that a drinking up period had not been factored in when applying for the licence.
Members retired to consider their decision at 7.00pm and reconvened at 7.15 pm.
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 the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had heard representation from the applicant.
Members had reached a decision and this decision was unanimous. Members had noted that local residents had made representations. These representations were general in nature. Members were very aware of the problems in the area as well as the types of premises that cause a problem. This was a restaurant, and alcohol would be sold with meals only. There was no off sales of alcohol and there would be a segregated area for children.
It was considered that this premises would not lead to or add to the cumulative impact already being experienced. The premises was already open and trading, Members felt it appropriate to add a condition that ‘Alcohol ... view the full minutes text for item 3.1 |
|
Additional documents: Minutes: This item was withdrawn by the Applicant.
|
|
ANY OTHER BUSINESS THAT THE CHAIR CONSIDERS URGENT |
|
Additional documents: Minutes: At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for Food Giant Express, 129 Whitechapel High Street, London E1 7PT. It was noted that an objection had been made on behalf of the Metropolitan Police.
At the request of the Chair, Mr David Dadds, Legal Representative on behalf of the Applicant confirmed that the application was for off sales only and not on sales as described in the application as this was an administration error. Mr Dadds noted that the premise was within the cumulative impact zone however asked Members to consider each application on its own merits. He explained that the premise was on the border line of the cumulative impact zone and had the premises been on the other side of the road there would have been no objection to the application.
He then raised concerns as to the statics and data provided by the Police as evidence, he questioned the interpretation of the statistics and the fact that is did not relate to the premises and that there was no evidence that this premise would cause a negative impact on the area. He then referred to the supporting documents which had witness statements and observations of the area which showed that there were issues arising from that specific area.
Mr Dadds explained that measures had been put in place to promote the licensing objectives such as conditions restricting the sale of super-strength alcohol, having only 15% of the premise used for the display of alcohol etc. It was noted that no other responsible authorities or local residents had objected to the application.
Members then heard from PC Alan Cruickshank, Metropolitan Police, he explained that the premises was within the cumulative impact zone and that the policy had been adopted due to the concerns about the number of licensed premises in such a small area and the resulting number of anti-social behaviour calls and the potential for disorder.
He also stated that the late submission with the witness statement/observations was not appropriate. As there was issues around street drinking in the area and the observation was not a true reflection as the premises was currently not selling alcohol.
In response to questions the following was noted;
Members retired to consider their decision at 7.50pm and reconvened at 8.05 pm.
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 the Chair stated ... view the full minutes text for item 4.1 |
|
Additional documents: Minutes: The Chair noted that the applicant had requested that the application be deferred and advice from Paul Greeno, Senior Advocate was that since the application was for a new premises licence, the deferment would cause no prejudice to either the applicant or objectors. As it was a new application and as the applicants were unable to attend then it was in the public interest for the applicant to be given the opportunity to make their application to Members rather than the case being determined in their absence. The new date for hearing the application would be 21st October 2014 and that date has been set after checking with the applicants as to availability.
|