Agenda item
Application for a Variation of the Premise Licence for Boom Bap Burgers, Arch 252 Paradise Row, London E2 9LE
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 Boom Bap Burger, Arch 252 Paradise Row, London E2 9LE. It was noted that objections had been received by Officers on behalf of the Licensing Authority and Environmental Health
At the request of the Chair, Mr Alun Thomas, Legal Representative on behalf of the Applicant explained that the nature of the variation application was to amend the plans to include the external seating area for licensable activities and to add off sales of alcohol for consumption off the premises and to vary the commencement time for the sales of alcohol.
Mr Thomas explained that in October 2014 a minor variation was made. The intention of that application was to include a mezzanine level into the licensed area, which was granted. However, an unintended consequence of that application appeared to be that that the plans delineating the external seating and dining area as part of the area covered by licensable activities inadvertently omitted that external area, unintentionally taking it out of the coverage for licensable activities.
He explained that they had now removed the mezzanine area and as a result reduced 36 covers, that they would restrict drinking outside after 10pm, and the area would not be used by customers, except for smoking. He explained that the earlier commencement time was to introduce breakfast/brunch opening times. It was noted that there were a number of conditions on the current licence and the additional conditions suggested by responsible authorities had been accepted.
Members then heard from Lavine Miller-Johnson, Licensing Officer who referred to her objection on page 76-80, and explained that as the application stands, it did not uphold the licensing objective of prevention of public nuisance, and this could be exacerbated once alcohol off sales are added. However, she said that if Members were minded to grant the application then the proposed conditions on her representation should be added to the licence.
Members also heard from Nicola Cadzow, Environmental Health Officer, she also expressed similar concerns and explained that there could be a likelihood of disturbance to residential premises during the use of the external forecourt area. She said that if Members were minded to grant the application, then restrictions should be applied for the use of the forecourt area.
In response to questions from Members the following was noted;
1. That the mezzanine area which had had a capacity of 36 was no longer in use.
2. That there had been three complaints in February/March 2015, but the premises was under a different operator then.
3. That the internal area had 55 covers and the external area would have 32 covers, so there would be no increase in capacity, as the former mezzanine area used to have a capacity for 36. In fact, there would be a slight reduction in the overall number of covers.
4. There had been no complaints since the current operator had taken over.
5. That off sales of alcohol would only be sold in sealed containers and would be a part of takeaway orders.
6. That early opening times were sought for breakfast/brunch opening.
Both parties made closing remarks.
The Chair advised all parties that a decision would be made by the Sub-Committee once this meeting was over and a decision notice, including the reasons for the decision, would be sent out to all parties within five working days.
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’s Legal Representative, and from the Officers representing, Environmental Health and Licensing Authority, objecting to the application, with particular regard to the prevention of public nuisance.
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 that the premises had been licensed since May 2014, when there was a different premises licence holder .The Sub Committee heard from the Applicant’s legal representative that under the management of the previous premises licence holder, the parts of the premises in which licensable activity was permitted included the external area which was the subject of the present application. The Sub Committee also heard from the Applicant’s legal representative that due to an error by the previous premises licence holder on plans submitted by the previous premises licence holder during an application for a minor variation, the external area had ben inadvertently left out of the parts of the premises in which licensable activity was permitted. The Sub Committee also noted the Applicant’s representation that the impact of the premises licence if granted, would be mitigated by the conditions on the existing licence and the new proposed conditions, together with the removal of the mezzanine licensed area, would not increase the capacity of the premises.
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 the concerns relating to the external area being licensed again, with the view that the addition of off sales would further exacerbate the area once this is added to the licence. Members welcomed the efforts made by the Applicant by restricting the use of the outside area from 10pm and accepting further conditions proposed by the Responsible Authorities in relation to off sales and the use of the external area.
The Sub Committee was therefore satisfied that the granting of the variation would not negatively impact on the CIZ and the conditions imposed would help promote the licensing conditions.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of the Premises Licence for Boom Bap Burger, Railway Arch 252 Paradise Row, London E2 9LE be GRANTED.
Sale of Alcohol (on and off sales)
Monday to Thursday from 09:30 hours to 23:30 hours
Friday and Saturday from 09:30 hours to 00:00 hours (midnight)
Sunday from 09:30 hours 23:00 hours
Plans
Plans to be amended to include the external seating area as part of the licensed area.
Amendments to existing conditions on the premise licence
Annex 2
Condition 21 - No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
Condition 24 – The placing of refuse, such as bottles, into the receptacles outside the premises shall not take place between 22:00 hours and 08:00 hours on the following day.
Condition 25 – Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall not take place between 22:00 hours and 08:00 hours on the following day.
New Conditions to be imposed on the premises licence
- No drinking allowed outside the premises external area after 22:00 hours.
- Off sales of alcohol for drinking away from the premises shall only be sold in sealed vessels and not consumed within the immediate vicinity of the premises.
- Alcohol for consumption in the external area of the premises shall only be consumed by patrons seated at tables.
- 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.
- Notices shall be prominently displayed within the premises stating that Challenge 25 is in operation.
- A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
Supporting documents:
- Boom Bap Burgers cover report, item 3.1 PDF 179 KB
- Boom Bap Burgers Appendices Only, item 3.1 PDF 8 MB
- Supporting Docs - Summary of Proposals Boom Bap Burger, item 3.1 PDF 164 KB