Agenda item
Application for a Variation of a Premises Licence for (The Gun) 54 Brushfield Street, London E1 6AG
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 The Gun, 54 Brushfield Street, London E1 6AG. It was noted that objections had been received on behalf of two of the Responsible Authorities, Licensing Authority and Environmental Health as well as local residents and a Resident Association. The application sought was for an extension to the sale of alcohol, regulated entertainment and the removal of existing conditions.
At the request of the Chair, Mr George Domleo, Legal Representative on behalf of the Applicant, Mr Patrick Frawley, explained that Condition 1 proposed in the supporting documents contained in the supplemental agenda should be removed.
He then explained that the Mr Frawley had been operating both The Ten Bells, a local pub in the area and The Gun. Both Mr Frawley’s and Ms Rachel Scallon’s (Proposed Designated Premises Supervisor) work history and experiences were noted. Mr Domleo further explained that Mr Frawley had been operating The Ten Bells since 2014, The Tavern since 2018 and the Gun since January 2019. He said the premises had been recently refurbished to a high premium décor and a lot of investment had been made into the premises. It was noted that the extra 30 minutes that was applied for was due to the growing customer demand so that customers can end their evening out in one place rather than having to move on to other premises once The Gun closed for the night.
It was noted the Police had not objected to the variation application and the concerns from the Licensing Authority and Environmental Health was mainly about drinking in the outside area. Mr Domleo explained that he would like the Committee to remove existing conditions which was not enforceable in relation to drinking outside the premises. Mr Domleo explained that the responsible authorities were suggesting that customers should be allowed to drink outside until 9pm, however the Applicant was requesting for 11pm. It was noted that there had been only one complaint during the period of a whole year, which was not sufficient in refusing the application.
He explained that members of staff follow the staff manual, which includes the responsible sale of alcohol and the dispersal policy etc. and that this could be added as a condition to the licence. Mr Domleo concluded that appropriate conditions had been offered to regulate the licence and have enforceable and appropriate measures in place to prevent public nuisance. It was noted that SIA door staff will remain 30 minutes after closing time.
Due to the experience of the management team and the premises being accredited the Best Bar None Award it was believed that this was enough to rebut the presumption of the CIZ policy. Lastly it was noted that the applicant would promote the licensing objectives and the extended hours applied for were within the Council’s Framework Hours.
At the request of the Chair, Ms Corinne Holland, Licensing Officer, explained her objection on the basis of public nuisance. She acknowledged that the hours were within the framework hours and agreed that the unenforceable conditions should be removed. However, proposed that the drinking outside should be until 9pm as opposed to 11pm which was far too excessive and affect the residents living close by. She referred to the complaint in August and explained that her main concern was the hours of the outside drinking area.
Members then heard from Ms Nicola Cadzow, Environmental Health Officer, who explained that the premises was in the Cumulative Impact Zone (CIZ) and also shared similar concerns to Ms Holland and believed that allowing drinking outside till 11pm was too late and would negatively impact residents living in close proximity to the premises and also suggested a restriction to allow drinking outside until 9pm.
Members also heard from Mr Jonathan Stebbins, Local Resident and Chair of SPIRE, he explained that he represented 800 residents in the local area as part of the resident association. He explained that the area was a mixed residential and commercial area and that an extension of 30 minutes to the licensable hours would disadvantage the residents and that incremental creeps would affect residents and set a precedent for other venues to extend their hours.
Mr Stebbins said that this was a gastro pub which was successful, therefore questioned the need for extending the hours. That there was no evidence to suggest customers were demanding longer hours. He also stressed the fact that allowing drinking outside would affect young children and families.
In response to questions the following was noted;
- The customer demand was based on the fact that customers were leaving the premises to go onto other venues once it had closed and therefore wanted to finish the evening in once place.
- That majority of customers leave from The Gun and go onto The Ten Bells.
- That 50% of the customers from last week were pre-booked.
- That Mr Stebbins lived closer to The Ten Bells pub.
- That there were 12 stalls and 4 tables outside the premises.
- That there was usually a crowd outside the premises in the evening.
- That there were no smoking conditions currently on the licence
- Exceptional circumstances were that the premise was part of the Best Bar None Scheme and had a robust business policy and security system was in place.
- That its clientele was of an older demographic between the ages of 25-30 and over.
- That 2/3 Managers and 2 security staff were on duty over the weekends.
- That there was another compliant made against the premises on 16th August 2019, where a letter was sent to the applicant on 19 August 2019.
- Visits were made at the premises following the complaints but there was no breaches reported upon visit.
- It was confirmed that there had been two complaints since January 2019.
- That the Applicant was not aware of any complaints.
- That there would be a dedicated number available for residents to call if there were any problems.
- The premises had a capacity of 300 people, had the facility to drink outside, food was available but it was very much a pub.
- Concerns that customers would spill onto the streets but noted that SIA door staff would manage this.
- Noted that there were already breaches of the licence as one of the condition was not to allow drinks outside when it was dark. Concerns raised as to when it constituted as being dark.
- The complaint on the 18th December 2019 was in relation to noise nuisance and described as night club level noise - this was denied by the Applicant as noise levels are tested regularly and are always at average noise levels.
- That residents would still be concerned with customers being allowed to drink outside till 9pm.
Members adjourned again at 7.40pm for deliberations and reconvened at 8.10pm.
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 oral representations at the meeting made by the Applicant and his Legal Representative, from the Officers representing Responsible Authorities and a local resident, representing a Resident Association, objecting to the application, with particular regard to the prevention of public nuisance and prevention of crime and disorder.
The Sub-Committee noted that the premises are in a cumulative impact zone (CIZ), and so, the effect of a premises subject to a licensing application being in a CIZ is that there is a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons objecting to the application, the application will be refused.
The Sub-Committee noted that under the Council’s Statement of Licensing Policy, the Applicant can rebut the above presumption if they can demonstrate that their application for a premises licence would not undermine any of the four licensing objectives by not adding to the cumulative impact of licensed premises already in the CIZ.
The Sub-Committee considered that the onus lay upon the applicant to show through their operating schedule, with appropriate supporting evidence that the operation of the premises, if licensed, would not add to the cumulative impact already being experienced.
The Sub-Committee noted the representations from the Licensing Authority, and Environmental Health regarding the impact of the premises on the Brick Lane Cumulative Impact Zone (CIZ) and also heard from Mr Jonathan Stebbins who had serious concerns relating to the extended hours applied for and the condition to allow drinks to be consumed outside the premises until 23:00 hours. The Sub-Committee noted objectors’ concerns relating to the existing levels of noise nuisance and anti-social behaviour; and noted objectors’ concerns about increased noise nuisance, the impact upon family environment, and the likely increased numbers of clientele in the area if the application were to be granted, and thereby the likely impact on the cumulative impact zone.
The Sub Committee noted the applicant’s representation that the impact of the premises licence if granted, would be mitigated by the proposed conditions. However, the Sub Committee heard no evidence that rebutted the presumption of the CIZ.
The Sub Committee was therefore not satisfied that there were exceptional circumstances to justify a grant of the variation of the hours applied for. However, Members acknowledged the efforts made by the Applicant and believed that the application could be granted in part, with the granting of regulated entertainment in line with the current hours of the licence and to add non-standard timings. Members also agreed to remove and update existing conditions to help promote the licensing conditions.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of the Premises Licence for The Gun, 54 Brushfield Street, London E1 6AG be GRANTED in part.
Provision of Regulated Entertainment – Indoors (Recorded Music)
Monday to Thursday from 11:00 hours to 23:00 hours
Friday and Saturday from 11:00 hours to 23:30 hours
Sunday from 12:00 hours 22:30 hours
Non-Standard Timings
Sale by retail of alcohol and recorded music – an additional one hour to the terminal hour on the Sunday preceding all Bank Holidays, Christmas Eve and New Year’s Eve.
Removal of Conditions
Annex 2 – Condition 1 and Condition 2.
New Conditions to be imposed on the premises licence
1. No customer shall be allowed to use the external area after 21:00, except for customers permitted to temporarily leave the premises to smoke and no drinks shall be permitted to be taken into the external area after this time
2. A dedicated telephone number will be given to any resident on request to allow complaints to be made directly at all times the premises are open
3. Refuse, such as bottles, shall not be placed into receptacles outside the premises between 23:00 hours and 07:00 hours the following day
4. Notices shall be prominently displayed at all public exits requesting customers to respect the needs of local residents and leave the premises and area quietly
5. Staff shall monitor customers outside to the front of the premises to ensure they do not cause a public nuisance
6. When regulated entertainment is taking place, in the form of recorded music, all windows and external doors shall be kept closed, except in the event of an emergency and for the immediate access & egress
7. A CCTV camera system covering both internal and external to the premises is to be installed and recordings are to be maintained for 31 days and to be provided upon request to either a police officer or an officer of any other responsible authority. a system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained. the system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity
8. At all times the premises are open, a person who can operate the cctv system must be present on the premises who can download images and present them immediately on request to a police officer or other responsible authority
9. A record shall be kept detailing all refused sales of alcohol. the record should include the date and time of the refused sale and the name of the member of staff who refused the sale. the record shall be made available for inspection at the premises by either a police officer or an officer of any other responsible authority at all times whilst the premises are open
10.An incident log shall be maintained at the premises and details of all known incidents recorded within the log. the log shall be kept on the premises and produced to either a police officer or an officer of any other responsible authority at all times whilst the premises are open
11.A challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the pass hologram
Supporting documents:
- The Gun cover report, item 4.1 PDF 356 KB
- The Gun - Appendices Only, item 4.1 PDF 9 MB
- Appendix 18, item 4.1 PDF 95 KB
- The Gun London - Photos, item 4.1 PDF 1 MB
- The Gun Winter Menu 2019 - Full, item 4.1 PDF 585 KB
- WINTER MENU SUNDAY - Nov 2019 (1), item 4.1 PDF 598 KB
- List of Conditions, item 4.1 PDF 137 KB
- ELPC - Staff Induction Training - Part 1, item 4.1 PDF 99 KB
- ELPC - Staff Induction Training - Part 2, item 4.1 PDF 104 KB
- Training Doc, item 4.1 PDF 141 KB
- The Gun Brushfield St - ELPC Background (Copy 2), item 4.1 PDF 92 KB
- The Gun Licensing Manual - Jan2020_, item 4.1 PDF 8 MB