Agenda item
Application for a Variation of a Premises Licence for (Dirty Bones) 1 Club Row, London E1 6JX
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 Dirty Bones, 1 Club Row, London E1 6JX. It was noted that objections had been received on behalf of the Licensing Authority and Environmental Health.
At the request of the Chair, Mr Thomas O’Maoileion, Legal Representative on behalf of the Applicant, stated that the variation application related to the premise licence no. 19991 on page 109 of the agenda and should the variation be granted, the applicant would surrender premises licence no. 21557 detailed on page 121.
Mr O’Maoileion explained that the application was in three parts;
· Firstly to amend the wording of the non-standard timings for new years eve which there were no objections to by the Responsible Authorities.
· Secondly to remove the conditions regarding no off sales, this was to allow off sales for delivery and takeaway services which would be sold in sealed containers. This would be subject to all appropriate age verification checks before and on delivery.
· Thirdly to extend the licensing hours to 1am, it was noted that if granted the hours would not be used until next year once government restrictions were lifted.
Mr O’Maoileion said that taking into policy considerations balanced by early closing times, staggered approach, dispersal policy and no use of outside area this would not negatively impact on the cumulative impact zone (CIZ).
Mr O’Maoileion stated that there would be no regulated entertainment, there was a refuse collection in place to deal with issues of litter and waste. There was no representation from the police or local residents and there was no history of complaints related to the premises.
Members then heard from Corrine Holland, Licensing Officer who stated that she had no objection to the changing of the wording for non-standard timings. She did suggest that there be a condition not to allow drinks to be consumed outside the premises.
Ms Holland explained that the premises is advertised as a restaurant and cocktail bar offering DJ music on Friday and Saturday evenings. If the later hours are granted it is likely that customers will consume more alcohol than they currently would prior to leaving for the evening or customers would stop here after leaving other premises on their way home which can lead to alcohol fuelled Anti-Social Behaviour (ASB). She explained that the premises was in the Cumulative Impact Zone where the licensing authority policy is to refuse an application unless the applicant can demonstrate there was exceptional circumstances to granting it. Ms Holland stated that the applicant had not made any reference to the premises being in the CIZ within the operating schedule and not offered any additional conditions to address this whilst requesting increased hours and outside drinking.
Members also heard from Paul Murphy, Environmental Health Officer speaking on behalf of Nicola Cadzow, Environmental Health Officer and briefly explained that the application failed to comply with the objective of the Licensing Act 2003 relating to public nuisance, as the noise breakout from the venue would affect neighbouring residents, with the likelihood of patrons leaving the premises in high spirits and causing disturbance to residential premises at the noise sensitive hours being sought.
In response to questions the following was noted;
- The applicant was happy to agree to conditions; To not allow no new entry after 12 midnight; No alcohol to be consumed immediately outside the venue.
- To reduce Sunday hours to midnight.
- That there had been no complaints or objections from residents.
- That issues of crime and disorder would be addressed by the conditions agreed with the police.
- That there were noise conditions in order to ensure there was no noise escape from the premises.
- The business had been operating for the past 4 years without any noise complaints.
- There would be no regulated entertainment.
- That there were good policies and procedures in place and staff would be deployed to walk the floor, monitor the outside area etc. to ensure there was no public nuisance.
- That the premises was as much a food led premises as well as an alcohol led premises.
- That the dispersal of customers were more gradual and not like a pub.
- The reason for the increase in hours is to allow customers the flexibility to stay later and finish their evenings in one venue rather than leaving and going to another premises.
- Not expecting clientele to change just allow the flexibility to arrive later, eat and leave later.
- That the hours if granted would not be in effect until next year if government guidance permits businesses to do so.
- It was confirmed that the first floor was a seated dining area and the ground floor had a seating area and bar area. The 3rd and 4th floor of the premises was for residential accommodation.
- That there would not be an increase in delivery vehicles, as the vehicles used would be those that were already in the area.
- Mr O’Maoileion confirmed that the issues relating to the CIZ on pages 171-172 had been addressed in the supporting documents produced in the supplemental agenda.
Decision
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’s Legal Representative and Officers representing the Licensing Authority and Environmental Health with particular regard to the prevention of public nuisance and the prevention of crime and disorder.
The Sub-Committee also considered the written variation application and all relevant information supplied in the published addendum agenda.
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 variation of the 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 the concerns relating to the likely disturbance to residents nearby if the hours were extended to late night.
Upon deliberation and having considered the licensing objectives as pertained in the Licensing Act 2003, the Sub-Committee unanimously rejected the variation application.
It was deemed that the variations applied for would not be beneficial to the local community and that any extension of opening hours would have a negative impact on the locality.
Of concern was an:
(i) increased risk of crime and disorder,
(ii) a rise in public nuisance
(iii) a risk to public safety,
(iv) a potential rise in noise pollution and;
(v) an increase in traffic volume
All of which would deleteriously affect the local residents and community.
Further, the Sub-Committee noted that the premises is situated in the Council’s Cumulative Impact Zone (“CIZ”) and found no exceptional circumstances to deviate from the Council’s policy in this regard.
Decision
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of a Premises Licence for Dirty Bones, 1 Club Row, London E1 6JX be REFUSED.
Supporting documents:
- Dirty Bones cover report, item 3.2 PDF 515 KB
- Dirty Bones Appendices Only, item 3.2 PDF 6 MB
- Supporting Document - Summary of licences, item 3.2 PDF 158 KB
- Supporting Documents 1 - Dirty Bones, item 3.2 PDF 517 KB
- Supporting Documents 2 - Dirty Bones, item 3.2 PDF 2 MB
- Supporting Documents 3 - Dirty Bones, item 3.2 PDF 77 KB