Agenda, decisions and minutes
Venue: The Council Chamber, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Farzana Chodhury, Democratic Services Officer Tel: 020 7364 4120, E-mail: farzana.chowdhury@towerhamlets.gov.uk
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DECLARATIONS OF INTEREST PDF 215 KB Members are reminded to consider the categories of interest, identified in the Code of Conduct for Members to determine: whether they have an interest in any agenda item and any action they should take. For further details, see the attached note from the Monitoring Officer.
Members are also reminded to declare the nature of the interest at the earliest opportunity and the agenda item it relates to. Please note that ultimately it is the Members’ responsibility to identify any interests and also update their register of interest form as required by the Code.
If in doubt as to the nature of an interest, you are advised to seek advice prior the meeting by contacting the Monitoring Officer or Democratic Services. Additional documents: Minutes:
There were no declarations of 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 Additional documents: |
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Licensing Objectives: · Public Nuisance
Representations by: · Environmental Protection (Noise)
Bethnal Green West Ward Additional documents: Minutes: The Sub-Committee held a hearing to consider an objection raised under section 104 Licensing Act 2003 by the London Borough of Tower Hamlets Environmental protection to a temporary event notice (TEN) given by Mr Harry Follett on the 6th December 2022. The TEN would extend the hours for licensable activities (namely (i) the supply of alcohol by retail and (ii) the provision of regulated entertainment for New Year’s Event, at a premises known as Space 289, Railway Arch 289, Cambridge Heath Road London E2 9HA. The dates that have been applied for are as follows: 1st January 2023. The times that have been applied for are as follows: 00:00 hours to 06:00 hours.
DECISION
The application for a Temporary Event Notice is hereby REFUSED
REASONS
The Licensing Sub-Committee has decided to issue a counter notice. The premises user did not attend, despite being given notice of the hearing. Miss Cadzow from Environmental Protection had sought to agree a modification of the TEN, the premises user did not engage with her. Her view was that allowing the event to proceed until 0600 with as many as 220 people leaving the premises around the same time gave rise to unacceptable risk of public nuisance, particularly in respect of noise disturbance to nearby residential properties.
The Sub-Committee is familiar with the area which is heavily residential and with lots of new developments in close proximity. The fact that the premises user was not here to explain how those concerns could be managed meant that the Licensing Sub-Committee was of the view that the licensing objectives, particularly the prevention of public nuisance would be undermined, the Licensing Sub-Committee considered imposing the premises licence considerations on the TEN, but was not satisfied in the absence of the premises user that these could suffice to allay its concerns.
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Temporary Event Notice for Suvlaki - shoreditch, 161 Brick Lane, London E1 6SB PDF 215 KB Licensing Objectives: · Crime & Disorder · Public Nuisance
Representations by: · Metropolitan Police
Weavers Ward Additional documents:
Minutes: The Sub-Committee held a hearing to consider an objection raised under section 104 Licensing Act 2003 by the London Borough of Tower Hamlets Environmental protection and Metropolitan Police to a temporary event notice (TEN) given by Mr Ismail Yalgi on the 8th December 2022. The TEN would extend the hours for licensable activities (namely (i) late night refreshment for restaurant and take-away, at a premises known as Suvlaki Shoreditch 161 Brick Lane London E1 6SB. The times that have been applied for are as follows: Monday to Wednesday from 23:00 to 03:00 hours. Thursday to Saturday from 23:00 hours to 04:00 hours.
DECISION
The application for a Temporary Event Notice is hereby REFUSED
REASONS
The Licensing Sub-Committee has decided to issue a counter notice. The premises user did not attend, despite being given notice of the hearing and having indicated that they would attend. The Sub Committee heard from Mark Perry of the Metropolitan Police and Nicola Cadzow from Environmental Protection. PC Perry explained the premises user did not have a licence currently. The hours sought mirrored the hours sought in their current licence application. He expressed concern that they were effectively testing those ours on the busiest period of the year in an area that has one of the busiest night time economies in Europe. No real measures were proposed by the premises user to mitigate the impact on the licensing objectives, such as use of SIA staff. Whilst the applicant claimed to have experience of operating premises, there was no detail in the TEN. The failure to attend meant that the Licensing Sub-Committee could not explore that any further. Similarly, Miss Cadzow was concerned at the potential for noise disturbance, particularly from intoxicated patrons standing outside the premises as well as when they arrived and when they left. Whilst a busy night tie hub, it is still a residential area as well and there would be inevitable impact on the residents. Given that there is no premises licence in place, no conditions can be imposed on the TEN which is a matter of grave concern for the Licensing Sub-Committee. For those reasons, and because we did not have the benefit of hearing from the premises user, the Sub-Committee is satisfied that the only decision open to it is to issue a counter notice.
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Licensing Objectives: · Public Nuisance · Crime and Disorder
Representation by: Licensing Authority - Withdrawn Environmental Protection (Noise) - Withdrawn Resident – SPIRE Chair
Ward: Spitalfields and Banglatown
Additional documents: Minutes: 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 and in particular to have regard to the promotion of the four licencing objectives:
· The Prevention of Crime and Disorder; · Public Safety; · The Prevention of Public Nuisance; and · The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard the oral representations at the meeting virtually and in from the Applicants agent David Dadds, and Resident and Chair of SPIRE Randal Thiell.
The Sub-Committee considered an application by Recep Turhan for a new premises licence to be held in respect of Jack the Chipper, 96 Whitechapel High Street, London, E1 7RA (“the Premises”). The application sought authorisation for the sale by retail of alcohol for consumption on the premises from 11:00 hours to 23:30 hours Monday to Saturday and from 11:00 hours to 22:30 hours on Sunday. Authorisation for the provision of late-night refreshment was also sought Monday to Saturday with the same terminal hour as for the sale of alcohol. Opening hours were 07:00 hours to 00:00 hours Monday to Saturday and 07:00 hours to 23:00 hours on Sunday. Representations against the application had been made by the Licensing Authority and SPIRE, a local residents’ group. This latter representation was based predominantly upon the potential impact on the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance as well as the fact of the Premises being located within a Cumulative Impact Zone (CIZ). The applicant had subsequently reached an agreement with the Licensing Authority in respect of additional conditions to be imposed if the licence was granted. The Licensing Authority’s representation was withdrawn in consequence.
The Sub-Committee heard from David Dadds on behalf of the applicant. He explained that the Premises was a fish and chip shop. A number of conditions had been proposed within the operating schedule and agreed with the responsible authorities, including alcohol sales to be ancillary to a meal. The applicant sought to operate within framework hours. The applicant held a premises licence in respect of a smaller premises located at 74 Whitechapel High Street, which would be surrendered in the event of this application being granted.
Mr. Dadds referred to the fact that there were no representations from the responsible authorities or from any other person. He reminded the Sub-Committee that its decision needed to be evidence-based and proportionate and, in his view, the application was not going to undermine the licensing objectives. He acknowledged the Premises’ location within the CIZ and submitted that the applicant had demonstrated that it had met the burden to show that there would be no impact upon the licensing objectives.
The Sub-Committee heard from Randall Thiel, Chair of SPIRE. Having ... view the full minutes text for item 3.3 |