Agenda item
Application for a New Premises Licence for Lean Kitchen Railway Arch 4, Gales Gardens, London E2 0EJ
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 Lean Kitchen, Railway Arch 4, Gales Gardens, London E2 0EJ. It was noted that objections had been received on behalf of local residents.
At the request of the Chair, Mr Dino Constantinou, Representative on behalf of Applicant, explained that the premises was situated under the railway arch and was part of 10-15 kitchen units. It provided a delivery service of food and beverages over a 2 mile radius. He explained that they were not currently selling alcohol from the premises.
Mr Constantinou explained that the train lines run until 1am and deliveries were mainly made by bicycles and mopeds. It was noted that the Applicant had put in a petition which led to the introduction of a 5mph speed limit in the area. It was noted that the residential houses/flats have their kitchens and bathrooms facing the archway to minimise the noise disturbance from the trains.
It was noted there was no consumption of food and drink on the premises. The Applicant had met with the Responsible Authorities and had agreed conditions. They tried to communicate with the resident objectors but none had responded. Mr Constantinou explained that they had installed CCTV inside and outside the premises, implemented a driver’s code of conduct, introduced an internal waiting/lobby area for delivery drivers, set up a designated parking area, displayed additional signage and published a feedback email address for residents to raise with management any concerns they may have. Mr Constantinou stated that they would report abusive drivers to Uber Eats and have CCTV to deter such behaviour. It was noted that the hours applied for were within the Council’s framework hours.
It was noted that the objectors were not present at the meeting, therefore the Sub Committee noted and considered the written objections contained in the agenda.
In response to Members’ questions, the following was noted:
- There were two members of staff during the lunch period and four members of staff during busy periods.
- They were awaiting a Health & Safety rating from the Council.
- The unit was close to residential buildings but there was a fence in the middle creating a separation.
- The Overground trains above the railway arch pass by approximately every 7 minutes.
- A 5mph speed limit had been recently introduced as a direct result of the Applicant’s petition.
- They could ask UberEats for a particular driver not to be used if the driver was found to be abusive or in breach of their code of conduct.
- They have not received any reports of bad behaviour by their drivers.
- In order to prevent noise, cowls had been fitted at the premises.
- They receive approximately 30-40 orders per day.
- It was difficult for members of the public to link a driver to a particular kitchen unit.
- A driver waiting area had been introduced in the last 1-2 weeks.
- There had been no response received by objectors in relation to the reduced hours and added conditions.
In accordance with Part 4, 9.1 of the Council’s Constitution, Mr Luke Wilson, Legal Officer, extended the meeting by one hour.
Members adjourned the meeting at 9.15pm for deliberations and reconvened at 9.50pm.
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 and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub-Committee had carefully considered the representation made by the Applicant and his Business Representative, and had noted and considered the written objections included in the agenda from local residents.
The Sub-Committee noted that the premises is situated in the Bethnal Green Cumulative Impact Zone. The Special Cumulative Impact Policy creates a rebuttable presumption that where relevant representations are received, the application will be refused.
The Sub-Committee noted that the onus was on the Applicant to adequately rebut the presumption by demonstrating why the granting of its application would not negatively add the cumulative impact already experienced in the Cumulative Impact Zone.
The Sub-Committee noted the written representations made by objectors regarding the impact of the premises on the Cumulative Impact Zone. The Sub-Committee noted objectors’ concerns relating to the existing levels of noise nuisance and anti-social behaviour, and their concerns about increased public nuisance if the application were to be granted.
The Sub-Committee acknowledged the efforts made by the Applicant. However, having carefully considered the material in the agenda and supplementary agenda and the representations made at the meeting, Members were not satisfied that the granting of this application would not negatively add to the public nuisance already experienced in the area. Accordingly, the CIZ presumption had not been rebutted.
Members made a decision and the decision was unanimous. The application was refused.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Lean Kitchen, railway Arch 4, Gales Gardens, London E2 0EJ be REFUSED.
Supporting documents:
- Lean Kitchen cover report, item 3.2 PDF 345 KB
- Lean Kitchen Appendices Only, item 3.2 PDF 12 MB
- Supporting Docs - Applicant - Lean Kitchen, item 3.2 PDF 27 KB
- Supporting Docs - Applicant - Lean Kitchen 2, item 3.2 PDF 1 MB