Agenda item
Application for a Variation of a Premises Licence for (previously known as Virginia Off Licence & Supermarket) 59 Virginia Road, London, London E2 7NF
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for (previously known as Virginia Off Licence and Supermarket) 59 Virginia Road, London E2 7NF. It was noted that objections had been received by local residents.
At the request of the Chair, Mr Charlie Borrow, Applicant, explained that he had taken over the premises in March 2020 but due to COVID 19, everything had been delayed. He explained the nature of the business, a workspace to hold workshops to teach people how to manufacture small leather goods, such as wallets and other goods, also to showcase art, architecture, wine tasting etc. he explained that alcohol would be part of an unwinding session after the workshop finished in order to allow customers to enjoy a drink before they leave. It was noted that in future, the premises may be used for exhibitions and launch events which would also help fund the running of the premises. It was noted that only background music would be played, and having consulted with the police he had reduced the hours for sale of alcohol to 11.30pm
Members then heard from Susanna Kow, Tonje Petterson, Jonathan Moberly and Stan Everett, local residents, who all expressed similar concerns about the public nuisance suffered by residents in the area, such as cars parking up in the evenings playing loud music, people drinking and smoking inside in cars causing noise nuisance, and people congregating outside causing anti-social behaviour due to the night time economy in the area. It was noted that the premises was in close proximity to residential properties. It was further noted that the previous premises which was an off licence used to close at 10pm, even though they had a licence up till 11pm, and over the years this created a balance especially with residents with young families. There were concerns that the premises was on a 5 year lease and residents were concerned that when the lease expired, the licence might be transferred to new operators who might then turn the premises into a bar with the benefit of what was now sought by the Applicant.
In response to questions the following was noted:-
· The applicant confirmed that he would only play background music, which is not regulated entertainment, and therefore cannot be the subject of the licensing regime.
· That there would be one event per week to start off with and then possibly two, necessitating a premises licence, as temporary event notices would restrict the Applicant to a maximum of 15 events over a one year period.
· That a lot of money had been invested in refurbishing the premises and the Applicant wanted to extend his lease in future to keep the premises for a longer term.
· That each workshop session would be 3-4 hours long and then have drinks to finish off with.
· Only selected premium drinks would be sold.
· That there was no evidence that public nuisance and ASB was related to the premises as the premises was not currently in operation.
· The concerns raised by residents related to issues already being experienced in the area, and therefore there was a concern that another licensed premises in the area could increase public nuisance in particular noise nuisance and ASB.
· The premises was in the process of renovation and therefore there have been no workshops sessions as yet.
· That the premises currently had a licence for off sales of alcohol until 11pm.
· The applicant wanted to work with residents and be part of the community.
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;
- 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 the resident objectors, with particular regard to the prevention of public nuisance and the prevention of crime and disorder.
Members welcomed the efforts made by the Applicant in accepting and agreeing to the conditions proposed by the Metropolitan Police and also reducing the hours that had originally been applied for. The Sub-Committee believed that a further reduction in the hours for the sale of alcohol to 10pm would create a balance in a residential area where there are concerns of anti-social behaviour. The Applicant’s agreement during the hearing to accept a condition to restrict drinks from being consumed outside the premise also gave Members the assurance that the licensing objectives would be upheld.
Members were satisfied that the reduction in hours would also help alleviate concerns arising from the local resident objectors and reduce the risk of any disturbances.
The Sub Committee was therefore satisfied that the granting of the variation would not negatively impact on the area 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 (previously known as Virginia Off Licence & Supermarket, 59 Virginia Road, London E2 7NF be GRANTED in part with conditions
Sale of Alcohol (on and off sales)
Monday to Sunday from 09:00 hours to 22:00 hours
Hours premises are open to the Public
Monday to Sunday from 09:00 hours to 22:30 hours
New Conditions to be imposed on the premises licence
- 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. 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.
5. No guests outside the premises after 21:00 hours.
6. All windows and doors to remain closed at all times while events are on.
7. No noise shall emanate from the premises.
8. No drinks shall be consumed outside the premises.
9. No more than 5 smokers to be allowed to smoke outside the premises at any one time.
10.Notices shall be displayed in the premises asking customers to leave quietly and respect the needs of local residents.
Supporting documents:
- Virginia Supermarket cover report, item 3.1 PDF 353 KB
- Virginia Supermarket Appendices Only, item 3.1 PDF 9 MB