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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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 apologies for absence.
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To note the rules of procedure which are attached for information. Additional documents: Minutes: The rules of procedure were noted.
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MINUTES OF THE PREVIOUS MEETING(S) PDF 105 KB To confirm as a correct record the minutes of the Licensing Sub-Committees held on 23rd September, 21st October, 4th November (2pm), 4th November (4pm) and 18th November 2014.
Additional documents:
Minutes: The minutes of the Licensing Sub Committees held on 23rd September, 21st October, 4th November (2pm & 4pm) and 18th November 2014 were agreed as a correct record.
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ITEMS FOR CONSIDERATION |
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Additional documents: Minutes: It was reported to the Sub Committee that the statutory notice for the application had not been in place for the relevant period. Following submissions from the Applicant’s solicitor/representative, Members agreed for the consultation process for this application to restart due to this administrative error and discrepancies with the consultation end date in order to ensure fairness to both sides and compliance with legal requirements.
Licensing Officer’s to restart the consultation process for an application for a new premises licence for The Loove, 82a Commercial Street, London E1 6LY.
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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 review of the premises licence for Café Bangla, 128 Lane, London E1 6RL. It was noted that the review had been triggered by the Licensing Authority and supported by the Metropolitan Police.
At the request of the Chair, Mr Kathy Driver, Principal Licensing Officer explained that on the evening of 20th July 2014 PC O’Rourke visited the premise investigating a breach of a licensing condition, the use of touts offering inducements. Mr Daras Miah, Premises Licence Holder failed to operate the CCTV cameras.
It was noted that the Licensing Team then wrote to Mr Daras Miah on 3rd September 2014 requesting Mr Miah to apply for a minor variation to add a condition employing the wording of the best practice CCTV conditions produced by the Metropolitan Police. Unfortunately Mr Miah did not respond therefore a review was triggered along side this there was also history of crime and disorder and touting in relation to the premises.
Ms Driver referred Members to the witness statements and warning letters contained in the agenda and concluded that the Licensing Authority were seeking to amend the licence and add the CCTV conditions.
Members then heard from PC Alan Cruickshank, Metropolitan Police, he explained that touting was endemic and often leading to violence, crime and disorder and anti-social behaviour and that the use of CCTV cameras inside and outside the premises was an important tool in promoting the licensing objectives. He then referred to the police representation on pages 232-248 of the agenda which detailed all reported and recorded incidents, which clearly indicated that Mr Miah was failing to promote the licensing objectives.
He concluded that there was sufficient evidence to warrant a suspension of the premises licence in order to sort out management practice and put in place a robust operating system.
Members then heard from Mr Anthony Edwards, Legal Representative on behalf of the Premise Licence Holder, Mr Miah. He explained that they had no objection in adding the CCTV camera conditions in order to assist with prevention of crime and disorder and public nuisance, however did accept that they needed help making it easier to download images.
It was also noted from the Police statement that on two occasions Mr Miah was seen to be helping control a situation and offering to assist. Mr Edwards explained that the summer of 2013 was a bad time for Mr Miah he went away to Bangladesh between October 2013 – January 2014, when some of these incidents had occurred.
Mr Edwards explained that the culture and atmosphere of Brick Lane was different to others and that a meet and greet policy needed to be in place and that it needed cooperation from the Council to implement such a policy. It was also disputed the fact that Mr Shah Kamali worked for Café Bangla as there was no evidence.
In conclusion Mr ... 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 new premises licence for Khushbu, 74 Whitechapel High Street, London E1 7QX. It was noted that an objection had been made by the Metropolitan Police.
At the request of the Chair Mr Charles Chatterjee, Counsel for the Applicant stated that there may have been a misunderstanding as they were only applying for the provision of late night refreshments and not for the sale of alcohol.
He stated that there would be no negative cumulative impact in the area and this was a mere assumption made by the Police and there was no evidence to confirm this assumption. He explained that this premises was not in a residential area and there had been no representations from local residents. He further explained that there had been no incidents reported to the Police and CCTV cameras were installed and functional.
Mr Chatterjee stated that the applicant wanted late night refreshment hours for customers to enjoy soft drinks and quality food. He stated that there would be no takeaways, and no alcohol.
Members then heard from PC Alan Cruickshank, he agreed that there were no complaints from residents or police but this was because there was currently no licence. He stated that a Saturation Policy/ Cumulative Impact Policy was 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. It was also noted that one more late night opening venue would only compound the problems in the area as a 4am licence was extremely excessive.
PC Cruickshank concluded that the applicant was aware of the cumulative impact zone, however had noting in his application to promote the licensing objectives. PC Cruickshank stated that he was objecting to the late hours applied for and suggested that a midnight closing time on Friday and Saturday would be more appropriate.
In response to questions the following was noted;
Members retired to consider their decision at 4.00pm and reconvened at 4.05pm.
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.
Consideration
Each application must be considered on its own merits and after ... view the full minutes text for item 4.3 |
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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 Royal PFC, 178a Whitechapel Road, London E1 1BJ. It was noted that an objection had been made by the Metropolitan Police.
At the request of the Chair, Mr Johirul Islam, Applicant, explained that he had taken over the business 3 months ago, he explained that there was a previous premises licence for late night refreshments. He continued to explain that the premise was situated right outside the Royal London Hospital and close proximity to transport links. It was also noted that there was a bar/pub next to the premises which had late opening hours.
Mr Islam explained that it was hospital staff and patients that had requested him to stay open till late. Mr Islam explained that there was no previous history of public nuisance or crime and disorder linked to the premises, that it was a well lit area and there were other late night venues in and around the area. He concluded that later opening hours would help him maintain his business.
Members also heard from Mr Jubel Miah who said that he had 4 years of experience working at the premises itself and had experience of dealing with intoxicated people. He said that the majority of the customers were hospital staff and patients and later hours would allow them the flexibility of staying open late to help provide a service and not breach any conditions.
Members then heard from PC Alan Cruickshank, he explained that the hours applied for were excessive and the Applicant should consider a 1am closing time, that there were low level anti-social behaviour from people leaving the bar/pub close by and a later opening hour would increasing the demand of police officers, litter and noise in the area.
In response to questions the following was noted;
The Chair asked both parties if they were happy with the following hours for the provision of late night refreshments; Sunday to Thursday till 00:30 hours and Friday and Saturday from 01:30 hours. These hours were the same hours as a similar business in the area which was of close proximity. Both parties confirmed they were happy to agree to the late night refreshments hours as mentioned.
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.
Consideration
Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had decided to grant the application with a reduction in hours and conditions proposed by the Police. The reduction ... view the full minutes text for item 4.4 |
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ANY OTHER BUSINESS THAT THE CHAIR CONSIDERS URGENT Minutes: There was no other business.
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