Agenda item
Application for a New Premises Licence for Lucky Dog, 70 Brick Lane, London E1 6RL
Minutes:
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a new premises licence for Lucky Dog, 70 Brick Lane, London E1 6RL. It was noted that an objection had been received on behalf of Environmental Health.
At the request of the Chair, Ms Corinne Tuplin, Legal Representative on behalf of the Applicant explained that it was a small set of premises with 27 covers selling Chinese cuisine for eating in and takeaway, in respect of which the Applicant sought to sell alcohol between 12 midday and 9.45pm, Monday to Sunday with a 10pm closure.
She acknowledged that the premises was in the cumulative impact zone (CIZ). However, Ms Tuplin did not consider that the premises would negatively impact the area, as the Police did not regard these premises as causing issues in the area, hence there had been no representations by them. It was noted that the Applicant was willing to accept the conditions proposed by Environmental Health in the event of the application being granted. Ms Tuplin said that the premises fell within exceptional circumstances as stated in paragraph 19.8 of the London Borough of Tower Hamlets’ Statement of Licensing Policy, namely that these premises were small with a capacity of 27 covers, the hours applied for were within the Council’s framework hours, the premises was not alcohol led, but food led, and there was no regulated entertainment.
Ms Tuplin said that there would be regular risk assessments, and notices would be displayed requesting customers to leave quietly and respect the needs of residents. She also made the observation that there were no objections from residents.
Members then heard from Ms Nicola Cadzow, Environmental Health Officer, who referred to her representations on page 127 of the agenda. She said that the application did not provide sufficient information on how granting it would not add to public nuisance in the area, and there was insufficient information in the application regarding the effects on the CIZ.
In response to a question, it was noted that the conditions in the operating schedule and those agreed with responsible authorities would be adhered to, if the application were granted.
Concluding remarks were made by both parties.
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 the Officer representing Environmental Health 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 heard from the Applicant’s Representative that the Applicant was able to demonstrate exceptional circumstances on the basis that the venue was a small premises with a capacity of 27, it was not alcohol led, alcohol would only be sold ancillary to a substantial seated meal served at the premises, and the hours were within the Council’s framework hours, with no off sales and no regulated entertainment. The Sub-Committeewas satisfied from the evidence presented that the Applicant intended the use of the premises to befood led premises, the evidence considered including the Applicant’s willingness to have conditions consistent with food led premises.
The Sub-Committee considered the representations from 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 and public nuisance. However, the above exceptional circumstances, coupled with the Applicant’s willingness to accept the conditions proposed by the Environmental Health Officer and the conditions proposed in their operating schedule, gave the Sub Committee the assurance that the concerns raised by the Responsible Authority would be allayed and that what was applied for would not add to the cumulative impact. The Sub-Committee were satisfied that the conditions offered would also promote the licensing objectives.
Decision
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a New Premises Licence for Lucky Dog, 70 Brick Lane, London E1 6RL be GRANTED.
Sale of Alcohol (on sales only)
Monday to Sunday from 12:00 hours to 21:45 hours
Hours premises are open to the Public
Monday to Sunday from 12:00 hours to 22:00 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. 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 at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- No off sales of alcohol.
- Drinking up time: service of all alcohol will cease 15 minutes before the closing of the premises.
- Alcohol will only be served ancillary to a substantial seated meal for consumption on the premises only.
- Vertical drinking will not be permitted. Customers will not be permitted to take part finished and or open containers of alcoholic drinks from the premises. Orders for food and beverages shall be taken and dispensed by waiter or waitress service only. Alcohol will not be sold to customers purchasing exclusively takeaway food orders.
- Anti-social behaviour on the premises: A policy will be in force for the management of large groups i.e. hen and stag parties. The group will be required to nominate a responsible person to liaise with staff.
- Staff will be trained in dealing with drunken or disruptive behaviour and the procedure for dealing with any such behaviour by patrons.
- Anti-social behaviour of any kind including strong loud and offensive language, shall not be tolerated. any customer suspected of engaging in, the same shall be asked to leave, Will be escorted to the exit and observed leaving the vicinity of the premises.
- Anyone attempting to enter the premises visibly under the influence of alcohol or drugs will be refused entry or shall be asked to leave, escorted to the exit and observed leaving the vicinity of the premises.
- Staff shall implement a dispersal policy outside the premises within the applicant's direct control to reduce risk of public nuisance.
- Staff shall receive induction training at the commencement of employment. Staff shall receive regular re-training a minimum of four times a year. Staff training records shall be maintained for inspection by the Metropolitan Police and Local Authority Enforcement Officers. Staff training will include underage alcohol sales training procedures for dealing with disruptive behaviour mandatory drug awareness training.
- Alcohol Designated Public Places Orders: Notices indicating the existence and effect of an Alcohol Designated Public Places Order will be prominently displayed at the exits to the premises.
- No queuing will be allowed outside the premises. The numbers of customers smoking in front of the premises will be limited and customers will not be allowed to cause a blockage to the public footpath. Staff shall implement a dispersal policy outside the restaurant within the applicant direct control to reduce risk public nuisance.
- The licensee shall have a policy or procedure in place, which deals with excessive or unreasonable noise nuisance emanating from customers visiting the premises and how this would be managed, if customers are not prepared to abide by the signage around the premises requesting customers to leave the site quietly.
- The disposal of waste into external receptacles shall not take place between the hours of 23:00 hours and 08:00 hours. No deliveries or waste collections will be taken place between the hours of 23:00 hours and 08:00 hours.
- The pavement frontage area immediately in the vicinity of the premises will be swept at least twice a day and as and when required (including after the closing of business), To ensure that all litter emanating from the premises is collected and disposed of. Additionally, and at the same time the licensee will also undertake routine inspections of the immediate surrounding area and ensure that any litter emanating from the premises is swept up and disposed of.
- No person shall be employed to solicit for custom or be permitted to solicit for custom for business for the premises in any public place within a 500-metre radius of the premises.
- Clear signage shall be placed in the restaurant window stating that the premises supports the Council’s ‘No Touting Policy’.
- Suitable signage shall be displayed around the premises advising customers and staff of the “Challenge 25 policy”. This policy shall be brought to the attention of customers at the point of sale for alcohol.
- All staff shall receive training and regular refresher training regarding the Licensing Act 2003 and the “Challenge 25” identification policy.
- The date, time and circumstances under which any attempted purchase by a young customer has been refused will be recorded in the incident register. This will be made available for inspection by any police officer community support officer or authorised person upon demand.
- Loudspeakers shall not be located in the entrance lobby or outside the premises building.
- All windows and external doors shall be kept closed when regulated entertainment takes place, except for the immediate access and egress of persons.
- Patrons permitted to temporarily leave and then re-enter the premises, e.g. To smoke, shall be limited to 5 persons at any one time.
- No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
- Only background music shall be played at the premises.
Supporting documents:
- Lucky Dog cover report, item 3.2 PDF 282 KB
- Lucky Dog Appendices Only, item 3.2 PDF 3 MB
- Supporting Docs - Lucky Dog, item 3.2 PDF 772 KB