Agenda, decisions and draft minutes
Venue: Room C1, 1st Floor, 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 declarations of disclosable pecuniary interest.
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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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ITEMS FOR CONSIDERATION |
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Additional documents: Minutes: At the request of the Chair, Mr Alex Lisowski, Licensing Officer, introduced the report which detailed the application for a new premises licence for Mercado, Retail Unit D, City Scape, Wentworth Street, London E1. It was noted that an objection had been received from the Metropolitan Police.
At the request of the Chair, Mr Steve Burnett, Licensing Representative on behalf of the Applicant explained that it was a restaurant specialising in Spanish food and wine, he further explained that the Applicant had invested a lot of money in the premises, which showed his commitment to the area.
It was noted there was no history of complaints or problems with any of the other premises owned by the Applicant and from experience the restaurants usually quietened down after 11pm and therefore could not see it having a negative impact on the community. Mr Burnett explained that the hours applied for were within the Council’s framework hours and that there had been no objections from residents or Environmental Health.
Mr Burnett noted the Police’s concerns regarding the Cumulative Impact Zone (CIZ), however he explained that there were good transport links near the premises and it would have a positive effect on the borough. It was also noted that the Applicant had accepted the conditions suggested by the Police in order to promote the licensing objectives. He stated the notices would also be put outside the premises asking customers to respect the needs of local residents and staff would clean and monitor the outside area on a regular basis.
Members then heard from PC Alan Cruickshank, Metropolitan Police, he explained that although the hours were within the framework hours it was still another premises that would have the ability to sell alcohol in an area which was already saturated. He explained that since the introduction of the policy and the Cumulative Impact Zone (CIZ), licences have been granted in this area but the continuing introduction of new licensed premises or variations however small or well run, would only compound the problems in the CIZ.
Members retired to consider their decision at 3.20pm and reconvened at 3.250pm.
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 the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had heard representations from the Applicant’s representative and PC Alan Cruickshank.
Members reached a decision and the decision was unanimous. Members decided to grant the application with conditions agreed with the Police. Members noted that the premises was within the cumulative impact zone, however, Members were satisfied that having seen the evidence prior to and at the meeting, the Applicant had done everything they could to mitigate further impact within the cumulative impact zone and Members were content ... view the full minutes text for item 3.1 |
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Additional documents: Minutes: At the request of the Chair, Mr Alex Lisowski, Licensing Officer, introduced the report which detailed the application for a new premises licence for Maison Trios Garcon, 45 Redchurch Street, London E2 7DJ. It was noted that objections had been received from the Metropolitan Police and local residents.
At the request of the Chair, Mr Kingsley Hoddinott, Licensing Representative for the Applicants briefly explained the nature of the premises he explained that the Applicants had been residents for past 14 years and have had an exemplifying record for the past 18 months trading as a retail café. He explained that the application for the sale of alcohol was to benefit the existing clientele to be able to enjoy a glass of wine with their food. It was noted that there was a capacity for 60 people at the premises.
Mr Hoddinott also offered a list of conditions to help address the concerns of the Police and local residents.
Members then heard from PC Alan Cruickshank, who explained that although the alcohol hours were within the framework hours, it was yet another premise that would have the ability to sell alcohol in the area which was already saturated. He welcomed the removal of non standard timings and the conditions accepted by the Applicants.
Members then heard form Daniel Hunter, resident objector, who explained that he lived next the premise and his bedroom window was 5 metres from its side entrance. He explained that there was noise disturbance from the premise throughout the opening hours and during a recent private event there was a large number of people outside the side entrance causing a considerable amount of noise and disturbance.
In response to questions the following was noted;
- That the Applicants were happy to keep the side entrance closed and would only use it as emergency exit. - That there would be no off sales. - That they held private functions which have been managed well with no complaints. - That there was no live music played at the premises except soft background music. - That the Applicants were happy to remove the outside tables and chairs after 7pm.
Members retired to consider their decision at 3.45pm and reconvened at 3.50pm.
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 the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had heard representations from the Applicants and their representative and from objectors.
Members noted the concerns of public nuisance and noted the fact that the premises was within the cumulative impact zone. However Members noted how the Applicant had agreed to various conditions prior to the meeting to address the concerns of residents and the responsible authority.
It was noted that ... view the full minutes text for item 3.2 |
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Additional documents: Minutes: At the request of the Chair, Mr Alex Lisowski, Licensing Officer, introduced the report which detailed the application for a new premises licence for Gravalia, Unit 1, Cassilis Road, London E14 9LQ. It was noted that objections had been received from the Metropolitan Police, Environmental Health and local residents.
At the request of the Chair, Mr Robert Jordan, Licensing Representative for the Applicant stated that he had agreed conditions with the police and have offered a further condition to cease the use of the outdoor area by 9pm rather than 10pm as originally requested. He also referred to the objections by the local residents and believed that the conditions proposed would help address those concerns.
He explained that the premises had good transport links, it was not in the cumulative impact zone, and the Applicant was happy to cease all activity for the outside area by 9pm as suggested by Environmental Health.
It was noted that the premises was a restaurant/café and not a vertical drinking establishment, that alcohol drinks would be ancillary to food, the premises would attract professionals and mainly affluent people and that the outside seating area at the front of the premises would be supervised by staff.
Members then heard from PC Alan Cruickshank who expressed concerns about the potential for crime and disorder and public nuisance due to the number of covers for the outside area. He welcomed the conditions accepted by the Applicant and the condition to close the outside area for use by 9pm.
Members also heard from Ian Wareing, Environmental Health, he also expressed similar concerns and believed that 24 covers for the outside area would be too many to supervise, that would cause disturbance as it was very close to residential properties their windows, and balconies. He explained that he welcomed the 9pm closure for the outside area but would prefer an even earlier closure for the outside area. He explained that Cassilis Road was a densely residential area and to allow an outside dining area to be used for the hours applied for would result in considerable public nuisance and suggested a closing time of 7pm for the outside area.
In response to questions the following was noted;
- That currently the outside area was used between the hours of 9am -9pm. - That the outside area would only be used when the weather was nice - That the hours applied for were the within the Council’s framework hours and the opening hours had not been objected to. - That there would be no delivery service.
Members retired to consider their decision at 4.10pm and reconvened at 4.15pm.
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 the Chair stated that the Sub Committee had carefully considered ... view the full minutes text for item 3.3 |
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Additional documents:
Minutes: At the request of the Chair, Mr Alex Lisowski, Licensing Officer, introduced the report which detailed the application for a transfer of a premises licence for Bethnal Green Food Centre, 438 Bethnal Green Road, London E2 0DJ. It was noted that objections had been received from the Metropolitan Police.
It was noted that the Applicant nor the Premises Licence Holder were present at the meeting, therefore Members noted the application contained in the agenda and asked PC Cruickshank a brief summary of his objection.
Members heard from PC Alan Cruickshank who stated the applicants lack of attendance, demonstrated the lack of concern and management of the premises. He explained that this premises had been reviewed previously and was recently been reviewed.
He referred Members to the police representation on the restricted papers and briefly went through the breaches of licensing conditions, allowing licensable activities to be carried on outside licensable hours on a number of occasions, other related incidents relating to crime and disorder and the seizure of smuggled goods.
Members discussed amongst themselves and the Chair stated;
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 the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had heard representations from PC Alan Cruickshank and noted the lack of attendance and communication from the Applicant
Members reached a decision and the decision was unanimous. Members noted the number of repeated breaches of the licence where the applicant had been found selling outside trading hours, this together with the concerns raised by the Police, Members decided to refuse the application for a transfer of licence.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a Transfer of Premises Licence for Bethnal Green Food Centre, 438 Bethnal Green Road, London E2 0DJ be REFUSED.
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