Agenda item
Application for a new Premise Licence for Hoshi, 10 Toynbee Street, London E1 7NE
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 Hoshi, 10 Toynbee Street, London E1 7NE. It was noted that objections had been received by officers representing the Licensing Authority and Environmental Health.
At the request of the Chair, Mr Rashpinder Mahal, Legal Representative on behalf of the Applicant explained that the hours applied for had been reduced to 10am to 7pm, that the premises was a Japanese grab and go service providing Japanese food and snacks. He explained that the floor plans initially had 2/3 stalls inside the premises for eating in but due to the current pandemic these had been taken out and confirmed they no longer needed the provision for on sales of alcohol.
Mr Mahal addressed the concerns of the Cumulative Impact Zone by explaining that the premises was a small premises with a capacity of less than 50 people, it was not alcohol led, there would be no consumption of food or drink in the premises and alcohol would only be sold ancillary to a meal, with staff regularly monitoring the outside area of the premises. Mr Mahal explained that there would be no regulated entertainment and signs would be displayed asking customers to leave quietly and respect the needs of local residents. It was also noted that litter bins would be provided inside and outside the premises and litter and waste would be collected and stored inside the premises pending waste collection.
He said they would be offering an online order service, the relevant age restrictions would be applied and alcohol delivery would be signed for and all staff would be trained on the responsible sale of alcohol.
Members then heard from Lavine Miller-Johnson, Licensing Officer and Nicola Cadzow, Environmental Health Officer, both expressing similar concerns that the premises was within the cumulative impact zone (CIZ) and not sufficient information was detailed in the operating schedule in order to rebut the presumption of granting a licence in the CIZ. Some of the other concerns raised by officers related to how the applicant would stop customers from bulk buying and then drinking in the street.
In response to questions the following was noted;
· That the applicant was now seeking off sales only.
· A maximum of two units of alcohol would be sold per order.
· There have been no reported problems or complaints over the past years of trading.
· The applicant agreed to accept the proposed conditions offered by them in agenda on page 158 as conditions should a licence be granted.
· The hours sought in the application were confirmed as 10am to 7pm, seven days a weeks as there were some discrepancies in the report and application etc.
· Staff would patrol the area on a regular basis to manage any customers outside and issues of litter.
· That smoking would not be allowed in the immediate vicinity of the premises.
· That the contact details of the manger would be displayed in the premises for residents to contact if there were any problems.
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 licensing 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.
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 heard from the Applicant’s Representative that the premises was food-led and alcohol would only be supplied ancillary to a meal. When questioned Members were satisfied that granting a premises licence for the reduced hours applied for and the nature of business the applicant intends use for and with conditions limiting the licence to a food outlet only would not negatively add to the cumulative impact zone.
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. However it was noted that the premises was not alcohol led, the hours were within the Council’s framework hours and it was a set of small premises, which with the conditions proposed by the Applicant and the Applicant’s removal of on sales from the application, gave the Sub Committee the assurance that the concerns raised by the Responsible Authorities were alleviated and what the Applicant sought would not add to the cumulative impact. The Sub-Committee were satisfied that the conditions offered would also promote the licensing conditions.
Decision
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a New Premises Licence for Hoshi, 10 Toynbee Street, London E1 7NE be GRANTED.
Sale of Alcohol (off sales only)
Monday to Sunday from 10:00 hours to 19:00 hours
Hours premises are open to the Public
Monday to Sunday from 10:00 hours to 19:00 hours
Conditions
- 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 31day period.
2. 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.
3. 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.
4. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
a) the police (and, where appropriate, the London Ambulance Service) are called without delay;
b) all measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police;
c) the crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
5. 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.
- 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.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- 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 to be only sold ancillary to a meal with a limit on only two alcoholic drinks per order and per household.
- No smoking outside the immediate vicinity of the premises.
- No collection of waste/recycling materials including bottles from the premises shall take place between the hours of 22:00 hours and 08:00 hours the following day.
- No deliveries shall take place between the hours of 22:00 hours and 08:00 hours the following day.
- A log shall be retained recording all refusals of alcohol. The log book shall be available for inspection by a Police Officer or an Authorised Council Officer.
- Training shall be given to all staff to ensure compliance with the four licensing objectives. Training records will be kept on the premises, and the training records will show the date of the training. The training record is to be signed by the staff member receiving the training and then countersigned by the Designated Premises Supervisor (DPS). The training on the compliance with the four licensing objectives shall be repeated on an annual basis.
- Staff will be trained on health and safety procedures. New employees will receive training within one month of commencement of employment and it will be a condition of their continued employment that they satisfactorily complete the training.
- No idling of delivery vehicles related to the premises licence holder’s business outside the premises.
Supporting documents: