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.

There were no declarations of interest.

The rules of procedure were noted.

Licensing Objectives:

·      The prevention of public nuisance and

·      The prevention of crime and disorder

Representations:

·      Licensing Authority

·      Environmental Protection

Ward: Bethnal Green West

The Sub-Committee adjourned the hearing of this application to 4th December 2023 at 6.30pm. It transpired at this meeting that the applicant did not have sufficient command of English, and that an interpreter had to be arranged. Whilst the applicant had an associate who offered to interpret, the Sub-Committee were not confident that there would be accurate, impartial interpretation of what was said to and by the applicant. The Sub-Committee had regard to the need for fairness to be seen to be done, bearing in mind the Human Rights Act 1997 and the Equality Act 2010.

The decision below has been corrected pursuant to Regulation 33 of the Licensing Act 2003 (Hearings) Regulations 2005 which provides that “Clerical mistakes in any document recording a determination of the authority or errors arising in such a document from an accidental slip or omission may be corrected by the authority.” The corrections are to reflect that the terminal hour of 22:00 for alcohol sales applies to the external area only and that off-sales of alcohol are permitted to the extent necessary to allow the external area to be utilised.

The Sub-Committee noted that the premises had in place, a provisional statement, which was applied for on 8^th February 2022 and subsequently granted on 10^th May 2022.

The Sub-Committee noted that the applicant applied for the following:

Sale of Alcohol (on and off sales)

Monday to Thursday from 07:00 hours to 23:30 hours

Friday and Saturday from 07:00 hours to 01:00 hours

Sunday from 09:00 hours to 23:30 hours

The Provision of Late Night Refreshment (indoors):

Sunday to Thursday until 23:30 hours

Friday and Saturday until 01:00 hours

From end of standard hours until 05:00 hours for the delivery of hot food and non-alcohol drinks within the estate (delivery only – no public access)

Hours premises are open to the public:

Sunday to Thursday from 07:00 hours to midnight

Friday and Saturday from 07:00 hours to 01:00 hours

Non-standard Timings:

09:00 hours to 01:00 hours on Sundays prior to a Bank Holiday

The Sub-Committee considered the representations of the objectors at pages 194 to 205 inclusive in the agenda, as well as what objectors said in the meeting.

The Sub-Committee also considered representations in the meeting by the applicant, who said that off-sales were no longer proposed, except to patrons seated within the external area, and presented the business as a high-class establishment, keen to avoid causing public nuisance. In addition, the Sub-Committee noted the applicant’s agreement for off-sales of alcohol to cease at 22:00 hours.

Licensing Sub-Committee decisions should be reasonable and proportionate in supporting the above licensing objectives. Therefore, there will be instances where an application with modifications to its scope and conditions may be granted.

In this instance, it is reasonable and proportionate to grant the application with its scope and conditions modified so as to uphold the licensing objectives, in particular, prevention of public nuisance. 

Accordingly, the Sub-Committee unanimously

Decision

That the application for a new premises licence in respect of Roe Restaurant, Unit A1.1, 5 Park Drive, London E14 9GG be GRANTED with the following modifications: -

The Sub-Committee acknowledged the applicant’s own modification at the meeting, removing the off-sales element for alcohol, save for consumption within the external seating area.

The Sub-Committee reduced the terminal hour for the sale of alcohol for consumption in the external seating area to 22:00hrs.

The conditions are: -

1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing Team. All entry and exit points  ...  view the full minutes text for item 3.2

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.