Agenda, decisions and minutes
Venue: The Council Chamber, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Simmi Yesmin, Senior Democratic Services Officer Tel: 020 7364 4120, E-mail: simmi.yesmin@towerhamlets.gov.uk
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DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 67 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: No declarations of disclosable pecuniary interests were declared.
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To note the rules of procedure which are attached for information. Additional documents: Minutes: The Rules of Procedure were noted by the Sub Committee.
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MINUTES OF THE PREVIOUS MEETING(S) PDF 126 KB To confirm as a correct record the minutes of the Licensing Sub-Committees held on 8th, 22nd and 29th January 2019.
Additional documents:
Minutes: The minutes of the Licensing Sub Committee meetings held on 8th, 22nd and 29th January 2019 were agreed and approved as a correct record.
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ITEMS FOR CONSIDERATION |
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Additional documents:
Minutes: At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for Sichuan Folk, 32 Hanbury Street, London E1 6QR. The application was for the sale of alcohol from 12:00 to 23:00 hours, seven days a week. It was noted that an objection had been received on behalf of the Licensing Authority.
At the request of the Chair, Mr Niall McCann, Legal Representative on behalf of the Applicant explained the concept, layout and types of cuisines sold at the premises. He said this application was merely to reinstate a previous licence that was in place at this premises before the licence lapsed. He also varied the application to reduce the hours applied for on Sundays to 10.30pm. He explained the business had suffered hardship and due to financial pressures didn’t check what needed to be done in terms of licensing, this was a technical lapse and they had not been advised to transfer the licence. He explained there hasn’t been any representation from the Police, Environmental Health or residents.
He acknowledged that there had been a breach of the Licensing Act 2003 due to pure ignorance and not knowing. Once made aware, the Applicant applied for a licence. It was noted that there were no other problems or complaints associated with the premises and just a technical infringement.
Mr McCann explained that if the application was granted the hours would be shorter than the previous licence, and there would be more measurable and robust conditions in place to help promote the Licensing Objectives. He further explained that there wouldn’t be any additional impact as a result of the application and there were genuine exceptional circumstances. It was noted that alcohol would form 10-15% of the weekly sales, the capacity of the premises was 60, however they rarely had above 50 customers at any one time. Also conditions proposed would limit the premises to a restaurant only by proposing no vertical drinking, and alcohol to be ancillary to a meal.
Members then heard from Mr Mohshin Ali, Licensing Officer who referred to his statement on page 93 of the agenda and explained that the Special Cumulative Impact Policy would be strictly applied and where relevant representations are received it is the view of the Council that the application will be refused. Applicants would need to demonstrate that there are exceptional circumstances and that granting their application will not negatively add to the cumulative effect on the licensing objectives within the Brick Lane CIZ.
He explained that on 17/11/18 Licensing Authority visited the premises at 23:35 hours and found it to be operating with alcohol on display, 14/12/18 Licensing Authority received the current premises application. Then on 15/12/18 Licensing Authority visited the premise at 22.38 hours and were able to purchase alcohol. This sale occurred without a licence and this was being investigated.
He concluded that there was no history of complaints or history of enforcement at the premises. However, ... view the full minutes text for item 4.1 |
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Additional documents: Minutes: At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for City Supermarket, 389 Cambridge Heath Road, London E2 9RA. The application was seeking to extend the hours for the sale of alcohol from 6:00 hours to 00:00 hours (midnight), seven days a week. It was noted that objections had been received on behalf of the Licensing Authority and Environmental Health.
The Sub Committee were advised that the Applicant was not present at the meeting and they had not been in contact with Democratic Services or Licensing Services. It was noted that the notification letter was sent to the Applicant 10 working days before the meeting via 1st class post to both the premises and home address. The agenda was also sent 5 working days before the meeting via 1st class post to both the addresses and copies of both the letter and agenda were also emailed to the Applicant’s email address. Despite these correspondences no communication had been made by the Applicant to this date.
Upon receiving this information, the Sub Committee decided to consider the application in the Applicant’s absence.
Members noted and considered the written application contained in the agenda pack.
At the request of the Chair, Ms Kathy Driver, Licensing Officer explained that the applicant had failed to address the licensing objectives in their application. She also highlighted the fact that the premises was within the Bethnal Green Cumulative Impact Zone and the effects of this. In addition Ms Driver explained that a visit was made at the premises on 7th October 2018 at 00:15 hours of which a bottle of cider was sold. Prior to the sale, the officer witnessed two females also purchasing beer. When the member of staff was approached after the sale, he advised that the premise was busy and therefore continued to sell. The staff member denied being the Designated Premises Supervisor (DPS) however when asked for ID, the driving licence was the same name as the DPS.
Ms Driver stated that there had been a breach of conditions and therefore not satisfied that the Applicant’s would abide by hours/conditions and therefore asked for the application to be refused.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer who said that the hours go beyond the Council’s framework hours and there was nothing in the operating schedule to convince her, how they would uphold the licensing objectives. She stated that there was a great likelihood of disturbance to residential properties at the noise sensitive hours. That the premise was within the CIZ and there was no sufficient noise mitigating measures in place to prevent noise generated from within or outside the premise.
The Chair stated that the Premise Licence Holder was not present at the meeting to answer any questions to alleviate their concerns relating the additional hours applied for and the out of hours sales made at the premises?
There ... view the full minutes text for item 4.2 |
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EXTENSION OF DECISION DEADLINE: LICENSING ACT 2003 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.
Minutes: There were no applications that required deadline extensions.
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