Agenda item
Application for a New Premises Licence for (La Verde), Unit 3, the Mosaic, 45 Narrow Street, London E14 8DN
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 La Verde, Unit 3, the Mosaic, 45 Narrow Street, London E14 8DN. It was noted that objections had been received on behalf of two local residents. It was noted that there had been seven Temporary Event Notices and there had been five complaints received.
At the request of the Chair, Ms Angelique Ferra, Licensing Agent on behalf of the Applicant contested that there had only been one complaint which Environmental Health Officer had confirmed. She then explained that there had been no representation from any of the Responsible Authorities; that the premises had been opened since 2002 in a purpose built building forming part of a piazza; and there was an open space designed for this building.
She explained that a premises licence was granted in 2010 to Riverside Ltd, which was then sold to Mr Ravi Karai in 2012, then the company was dissolved by a Mr Mohammed Moumin, the director of the company without Mr Karai’s knowledge. This meant that the license lapsed as the company was dissolved. However Mr Karai was unaware of this, and as confirmed by Licensing Services, he had continued to pay the Council its annual licence fee .
It was noted that once Mr Karai was made aware that the licence had lapsed (end of May 2020) an application was submitted, and this happened to be during COVID 19. She explained that there were still gatherings in a public open space in the building complex, and questioned why the objections suggest that noise nuisance and public nuisance were associated with this particular premises, when there were two other premises in the piazza.
Members heard from Councillor James King, ward councillor in support of the application. He explained that the objections raised describe the premises as a bar, but this was a café; there were two other licensed premises in the same complex; it was worth noting that the police did not object to the application; and had there been justifiable concerns, responsible authorities would have objected.
Members then heard from Ms Kate Toumazi, local resident. She explained that her objection to the application was not to stop the business from operating. However, there should be measures and conditions in place to manage the excessive noise that was experienced every weekend. The premises had been open, and when the premises had no temporary event notices there was no noise disturbance. She further explained that she had no objection to the premises selling food and drinks inside the premises, but the main concern was when drinks were taken outside by customers who then caused noise nuisance and disturbance. Mr Toumazi also highlighted the types of public nuisance experienced such as unpleasant behaviour, urination, litter, noise and no attempt to control the crowd by staff.
In response to questions from Members the following was noted;
1. Social distancing would be observed inside the premises, and tables and seating arrangements would be changed to adhere to social distancing rules.
2. That off sales was an important part of the business especially for takeaway deliveries.
3. That it was evident that the customers causing public nuisance were from La Verde as it only happened when the premises was open and also witnessed by the objector.
4. That the objector did not contact La Verde directly with complaints, but had contacted the building manager and then contacted the Council, when it was found out that the premises had no licence.
5. That the applicant did trade without a premises licence, but was unaware that the licence had lapsed as the company, who had held the previous premises licence had been dissolved without the applicant’s knowledge.
6. The annual fee continued to be paid in May 2020, and the company had dissolved in December 2019.
7. There was an extensive CCTV system in place at the premises and could record more than the standard 31 days.
8. There were concerns raised by the Licensing Officer that the Director of the company was Mr Karai, and therefore there was confusion as to how the company could be dissolved without his knowledge.
9. Ms Ferra said that it was Mr Mohammed Moumin had dissolved the company and not sure how he did it without Mr Karai’s knowledge.
10.That a meeting was arranged for the Applicant to meet with the residents to discuss the application, however no one attended.
Both parties made concluding remarks.
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 licensing 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 all of the evidence before them and had heard representations from the Applicant’s Licensing Representative, the Ward Councillor and had also heard from the objector present at the meeting.
Members welcomed the efforts made by the Applicant, in offering robust conditions and also accepting and agreeing to the conditions suggested by the Environmental Health Team.
Members also noted the concerns raised by the objector in relation to noise and disturbance associated with the premises with patrons taking drinks outside the premises and causing public nuisance, therefore a condition of no off sales and a condition to prohibit drinks being taken outside the premises would be imposed to help minimise the likelihood of such disturbance.
The Sub Committee reached a decision and the decision was unanimous. The Sub-Committee agreed to grant the premises licence subject to the conditions, Members were satisfied that the granting of the premises licence on these conditions will help promote the licensing objectives and minimise the risk of public nuisance. In particular, the condition to ensure that alcohol is ancillary to a meal will mitigate the risk of the premises becoming a drinking only establishment.
Accordingly, the Sub-Committee unanimously
RESOLVED
That application for a new Premises Licence for La Verde, Unit 3, the Mosaic, 45 Narrow Street, London E14 8DN be GRANTED with conditions.
The sale by retail of alcohol (on sales only)
- Monday to Saturday, from 10:00 hours to 22:00 hours
· Sunday, from 11:00 hours to 22:00 hours
The opening hours of the premises
- Monday to Saturday, from 08:00 hours to 23:00 hours
· Sunday, from 08:00 hours to 22:30 hours
Conditions
1. There shall be no off sales.
2. Alcohol to be only served ancillary to a meal.
3. No drinks shall be taken outside the premises.
4. The premises shall maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All public areas, 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 customers remain on the premises. All recordings are to be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer.
5. The DPS or a personal licence holder shall be on duty from 19.00 hours to close on Friday and Saturday evenings at other times the DPS, a personal licence holder or a trained member of staff nominated in writing by the DPS shall be on duty at all times the premises are open to the public;
6. An incident book shall be kept at the premises, and made available to the police or authorised council officers, which will record the following:
All crimes reported,
1. Lost property,
2. All ejections of customers,
3. Any complaints received,
4. Any faults in the CCTV,
5. Any refusal in the sale of alcohol.
6. Any visit by a relevant authority or emergency service
7. The area outside of the premises shall be kept tidy at all times and be swept at close;
8. Staff will monitor the outside area, including customer conduct regularly, both physically and by use of the CCTV and all empty/dirty bottles, glasses and crockery etc shall be regularly removed. Smokers will be similarly monitored after 21.00hrs
9. Notices will be prominently displayed by the entry/ exit door and point of sale (as appropriate) advising customers:
1. That CCTV and Challenge 25 are in operation;
2. To respect residents, leave quietly, not to loiter outside the premises or in the vicinity and to dispose of litter legally
10.Staff will ensure that no more than [5] customers go outside the front after 21.00hrs to smoke.
11.Notices shall be displayed inside and outside the premises indicating restrictions on smoking after 21.00hrs.
12.Loudspeakers shall not be located in the entrance lobby or outside the premise building.
13.No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a nuisance.
14. 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: