Agenda item
Application for a New Premises Licence for Hohaki, 68 Middlesex Street London E1 7EZ
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Hohaki, 68 Middlesex Street, London E1 7EZ. It was noted that objections had been received by the Licensing Authority and Environmental Health. It was noted that there was an error in the report and it should state Monday to Friday and not Monday to Thursday.
At the request of the Chair, Mr Hiew Banh, Applicant, briefly stated that the premises had been open since 2006 and has been operating between the hours of 11am - 3.30pm and 5pm -9pm and have been operating a bring your own drinks policy. Mr Banh explained he was applying for the licence due to customer demand and to improve his business viability. The premises was a restaurant and takeaway with 22 covers and 7 tables.
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, referred to page 202, and explained that the premises was within the CIZ and that the onus was on the applicant to demonstrate how they would rebut the presumption of the CIZ and promote the licensing objectives.
He emphasized that the plan submitted did not have any fire safety measures in place and the applicant had not come back with any improvements to the plan. He also stated that the general conditions in the operating schedule were not tailored for this premises. Mr Ali suggested that there should be a break between the end of the sale of alcohol hours and closing time as a drinking up time and that if Members were minded to grant the application then Members should consider adding the conditions listed on his representation.
Members briefly heard from Ms Nicola Cadzow, Environmental Health Officer, who referred to her statement on page 199 and emphasised that the premises was in the CIZ, and that there was not enough in the operating schedule to rebut the CIZ presumption which demonstrated a lack of understanding by the Applicant.
In response to questions the following was noted;
- That there would be no speakers at the premises and only background music would be played.
- That the premises was busy during the lunch time period.
- There were 4 members of staff and they closed by 9pm.
- The condition relating to the children’s play area was an error in the application.
- Mr Banh confirmed that there were 2 fire extinguishers on the ground floor and 1 in the basement.
- The kitchen was in the basement and the restaurant was on the ground floor.
- That if there were loud customers, they would be told to be quiet and respect the needs of local residents.
- That they usually didn’t receive bookings for big groups and parties.
- That there have been no complaints about the premises.
Members adjourned again at 8.55pm for deliberations and reconvened at 9.10pm.
The Licensing Objectives
In considering the application, Members are normally 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 Officers representing the Licensing Authority and Environmental Health with particular regard to the prevention of public nuisance. .
Members heard from the Applicant that the premises was a small restaurant/takeaway with 22 covers and open for limited hours within the Council’s framework hours, and that he was currently trading as a restaurant where customers bring their own alcohol. When questioned Members were satisfied that granting a premises licence for the nature of business the applicant intends use for and with conditions limiting the licence to a restaurant use only would not negatively add to the cumulative impact zone.
The Sub-Committee referred to the Council’s Licensing Policy, in particular the Special Cumulative Impact Policy - Section 19.8;
This policy will be strictly applied and where relevant representations are received it is the view of the Council that the application will be used. Applicants will need to demonstrate that there are exceptional circumstances and that granting their application will not negatively add to the cumulative effect on the licensing objectives within the brick lane and Bethnal green CIZ if they wish to rebut this presumption.
Examples of factors the Licensing Authority may consider as exceptional may include;
- Small premises with a capacity of fifty persons or less who will only intend to operate during framework hours.
- Premises which are not alcohol led and operate within the framework hours.
The Sub-Committee considered that this particular premises was exceptional to the CIZ rule due to size of the premises, the customer capacity was less than 50 persons and it was not an alcohol led premises.
The Sub-Committee was satisfied that the licensing objectives would be promoted and that the condition imposed would help alleviate any concerns raised by the responsible authorities.
Decision
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new premises Licence for, Hohaki, 68 Middlesex Street, London E1 7EZ be GRANTED with conditions.
Sale of Alcohol
Monday to Friday from 11:00 hours to 22:00 hours
Hours premises are open to the Public
Monday to Friday from 11:00 hours to 22:00 hours
Conditions
1. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
- During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
- 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.
6. No customers will permitted to take open containers of alcohol from the Premises
7. The Premise License Holder will ensure that all staff are trained regularly for the responsible sale of alcohol.
8. 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 will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
9. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
10. An incident log shall be kept at the premises, and be available on request to the Police or an authorised officer. It must be completed within 24 hours of any incident and will record the following:
a) all crimes reported to the venue;
b) all ejections of patrons;
c) any complaints received concerning crime and disorder
d) any incidents of disorder;
e) all seizures of drugs or offensive weapons;
f) any faults in the CCTV system, searching equipment or scanning equipment;
g) any refusal of the sale of alcohol;
h) any visit by a relevant authority or emergency service.
Supporting documents: