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

Representations:

·       Residents

Ward: Bow East

The Sub-Committee considered an application for a new premises licence to be held in respect of for Forman Field Ltd., Stour Road, London E3 2NT (“the Premises”).The application sought authorisation for licensable activity as follows:

Sale by retail of alcohol (on & off sales)

Monday – Sunday 09:00 hours – 01:00 hours

Late Night Refreshment

Monday – Sunday 23:00 hours – 01:00 hours

Opening Hours

Monday – Sunday 09:00 hours – 01:00 hours

A number of representations against the application have been made by local residents, based upon the licensing objective of the prevention of public nuisance.

Applicant

The Sub-Committee heard from the applicant’s solicitor, Jack Spiegler, and Lance Forman on behalf of the applicant. Mr. Spiegler explained that the Premises had previously held a licence. This had lapsed when the licence holder changed its company structure. The application therefore sought to replicate the licence that had been held previously. The Sub-Committee were informed that the proposed alcohol sales would be ancillary to the main business, which was the provision of gourmet food.

Mr. Spiegler explained that off-sales of alcohol were sought because people would often wish to buy a bottle of wine with food which would be taken away from the Premises. The external terrace area, where alcohol and food could be consumed, was subject to an agreed condition that it would not be used after 21:00 hours. He also confirmed that the application extended only to the ground and first floor. The rooftop terrace, which was intended for occasional use, was not included within the plans. A number of conditions proposed by the residents and responsible authorities had been agreed by the applicant.

Members noted that there was no drinking-up time. Mr. Spiegler confirmed that his client would agree to the sale of alcohol ceasing at 00:30 hours.

Residents

The Sub-Committee heard from Robert Greene and Martin Wright on behalf of the residents who had made representations. The representations were largely identical. They alleged nuisance from smoke (due to the smoking processes) and noise from extractor fans. It was said that the character of the area had changed. In addition, as the application made reference to the original licence, the residents were concerned that this meant that there would be very few conditions. If the Sub-Committee was minded to grant the application, they asked that various conditions to promote the licensing objectives be imposed on the licence.

In addition, it was suggested that the roof terrace would lead to overlooking.

The Sub-Committee appreciated the objectors’ concerns regarding public nuisance, particularly regarding noise disturbance, overlooking and fumes from the chimneys. With respect to noise from extractor fans and smoke from the chimneys, these were not related in any way to the licensable activities  proposed and could not be addressed through the mechanism of the Licensing Act 2003. Similarly, if there was a risk of overlooking, this would not be as a result of the licensable activity.

No regulated entertainment was sought and the Premises would benefit from the provisions  ...  view the full minutes text for item 3.1

Licensing Objectives:

·       The prevention of public nuisance

·       The prevention of crime and disorder

Representations:

·       Metropolitan Police

·       Environmental Protection

Ward: Whitechapel

The Sub-Committee considered an application for a new premises licence by Mohammad Afruz Miah to be held in respect of PFC, 273 Commercial Road, London E1 2PS (“the Premises”).The application sought authorisation for the provision of late night refreshment from 23:00 hours to 04:00 hours seven days per week.

The application attracted representations against it from the Metropolitan Police and the Environmental Health Service. The representations were based predominantly on the prevention of crime and disorder and the prevention of public nuisance.

Applicant

The applicant spoke briefly to his application. In essence, the extension was sought in order to increase the financial viability of the business. The Sub-Committee had been made aware that some conditions had been agreed. However, the main area of contention was the hours. The police sought to have these reduced so as to allow late night refreshment from 23:00 hours to 00:00 hours Sunday to Wednesday and from 23:00 hours to 01:00 hours Thursday to Saturday.

Metropolitan Police

PC Perry spoke briefly to his representation and emphasised the issues that arise within the night-time economy. In particular, the people attending at 03:00 hours are likely going to be those who have been drinking. He was concerned that the applicant did not appreciate the issues that would arise late at night.

Environmental Protection

Tim Hung spoke briefly to his representation and the potential impact on public nuisance, and sought the Sub-Committee to refuse the application.

During questions from Members, the applicant in fact agreed to the hours proposed by the police.The application engaged the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. Whilst the Sub-Committee noted the business rationale behind the application and was able to consider that, the Sub-Committee nonetheless had to make its decision with a view to the promotion of the licensing objectives.

The Sub-Committee noted the police objections based upon the prevention of crime and disorder, and the prevention of public nuisance; and heard from the police that their proposal for the reduction of the hours sought to midnight on Sunday to Wednesday, and 01:00hrs. on Thursdays to Saturdays, was based upon the tendency for alcohol-fuelled crime and disorder and anti-social behaviour to occur in the early hours of the morning. The Sub-Committee noted that the applicant did not dispute this. Indeed, the applicant had agreed to the conditions proposed and, during the course of the hearing, agreed to the reduced hours proposed.

With respect to public nuisance, Members did not consider that Mr. Hung’s representation justified a refusal of the application.  There was not sufficient evidence before it that the likely impact of grant would undermine the public nuisance licensing objective to such an extent that refusal was the appropriate and proportionate option. The concerns raised could be adequately addressed by the reduction in hours and the imposition of the agreed conditions.

The Sub-Committee was satisfied that it was appropriate and proportionate to grant the application, with amendments and conditions. 

Decision

That the  ...  view the full minutes text for item 3.2

 Licensing Objectives

·       The prevention of public nuisance

·       The protection of children from harm

Representations:

·       Resident

Ward: Mile End

The Sub-Committee considered an application by The Ragged School Museum Trust for a new premises licence to be held in respect of The Ragged School Museum, 46-50 Copperfield Road, London E3 4RR (“the Premises”). The application sought authorisation for licensable activity as follows:

The sale by retail of alcohol (On and off sales)

Monday to Friday, from 11:00 hrs. to 23:00 hrs.

Saturday and Sunday, from 11:00 hrs. to 00:00 hrs.

The provision of late-night refreshment – Indoors

Friday and Saturday, from 23:00 hrs. to 00:00 hrs.

Note: (Sunday to Thursday – no provision of late-night refreshment)

The provision of regulated entertainment – Indoors

(Plays and Films)

Monday to Saturday, from 10:00 hrs. to 22:00 hrs.

Sunday, from 11:00 hrs. to 18:00 hrs.

(Live music, Recorded Music)

Monday to Thursday, from 10:00 hrs. to 22:30 hrs.

Friday and Saturday, from 10:00 hrs. to 23:00 hrs.

Sunday, from 10:00 hrs. to 22:30 hrs.

(Performance of dance)

Monday to Sunday, from 10:00 hrs. to 22:00 hrs.

Hours premises are open to the public

Monday to Thursday, from 09:00 hrs. to 23:00 hrs.

Friday and Saturday, from 09:00 hrs. to 24:00 hrs.

Sunday, from 10:00 hrs. to 23:00 hrs.

Any Sub-Committee decision must be reasonable and proportionate in supporting the licensing objectives.

Applicant

The Sub-Committee noted the applicant’s clarification that they did not anticipate more than 500 people to attend whenever plays, films, or music were presented. The applicant acknowledged that this obviated the application for a licence regarding regulated entertainment, because where such events occur between 08:00hrs. and 23:00hrs. before an audience of no more than 500 people, no licence was required by law.  

The Sub-Committee heard from that the applicant was content with a condition requiring two SIA accredited door supervisors to be on duty at large events, defined by the applicant as events where 200 or more people were expected to attend.

The sub-committee heard evidence form the applicant and resident during this time the sub-committee had the opportunity to ask question to either parties which were answered and responded to.

The Sub-Committee were grateful to the applicant for clarifying that with regard to conditions which they originally proposed in the operating schedule: -

·       Crime prevention notices would be notices stating that CCTV was in operation at the premises.

·       The applicant was no longer seeking a condition that food was available during opening hours.

·       The applicant was content to substitute for “All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police and the crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises”, the standard police incident reporting condition which the applicant acknowledged they had heard from sitting in on the previous application, “An incident log shall be kept at the premises, and be available on request to the police or an authorised  ...  view the full minutes text for item 3.3

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.

Extended to the 9^thJanuary 2024