Agenda item
Application for a New Premises Licence for Jack the Chipper, 74 Whitechapel High Street, London E1 7QX
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 Jack the Chipper, 74 Whitechapel High Street, London E1 7QX. It was noted that objections had been received on behalf of the Licensing Authority and Environmental Health.
At the request of the Chair, Mr Kevin Morris, Licensing Agent on behalf of the Applicant explained that the premises was trading as a traditional fish and chips takeaway with a limited seating capacity of 14 covers and any noise breakout from the venue affecting neighbouring residents would be minimal.
He explained that the previous owner had failed to transfer the existing licence and therefore the licence had lapsed. It was also noted the previous owner was no longer involved in the business in any way, shape or form although was an active director of Kin Catering Limited between April 2019-July 2020.
It was noted that Mr Ibrahim Uzan was the sole director of the company and had full responsibility for the operation of the business, and also had a number of other licensed businesses and was very experienced.
He concluded by stating that the premises had 3 members of staff, 14 covers, that no music (background, live, recorded or otherwise) would be played at the premises and therefore disturbance to residents living in the area would be minimal. He also confirmed that that sound proofing had been fitted at the premises.
Lastly it was noted that the applicant would be happy to reduce the hours applied for to be in line with the Council Framework Hours.
Members then heard from Ms Kathy Driver, Licensing Officer, she explained that application had been made for the premises last year but was refused by the Licensing Sub Committee due to breaches and trading without a licence. She explained that the area had a number of licensed premises and the applicant had not addressed how the business would not negatively impact on the CIZ.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer, who explained the issues of public nuisance in the area and how another licenced premises would increase nuisance in the area. She also stated that the hours initially applied for were outside the Council’s Framework hours and the impact on the CIZ had not been addressed.
Ms Cadzow stated that there was insufficient information in the operating schedule on how the premises would not negatively add to the CIZ. Ms Cadzow confirmed that she had not yet received a satisfactory report as evidence that the premises had sufficient sound proofing. Ms Cadzow concluded that any granting of licence should reduce the hours to the Council’s Framework hours, more conditions should be imposed and evidence submitted that sufficient sound proofing had been fitted at the premises.
In response to questions the following was noted;
· That the applicant would be happy to reduce hours to framework hours.
· That alcohol would only be served on the premises and ancillary to a substantive table meal.
· That a report confirming sound proofing had been fitted at the premises would be sent to the Environmental Health Officer.
· There had been no complaints about the premises
· To include a condition to ensure no deliveries of goods or waste collection shall take place between the hours of 22:00 hours and 08:00 hours.
· That the previous owner was no longer a director of company and had no involvement in the business.
· That there should be a limit on the number of smokers allowed to smoke outside the premises.
· No alcohol to be taken outside the premises.
· That it was a small business with 14 covers.
Concluding remarks were made by all 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 Licensing Agent 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 Licensing Agent that the Applicant had offered to reduce the hours originally applied for to be in line with the Council’s Framework hours, that the premises had a small capacity of 14 covers and alcohol would only be served ancillary to a meal.
The Sub-Committee considered the Council’s Licensing Policy, in particular the Special Cumulative Impact Policy - Section 19.8;
“This policy will be strictly applied and where relevant representations are received it is the view of the Council that the application will be refused. Applicants will need to demonstrate that there are exceptional circumstances and that granting their application will not negatively add to the cumulative effect on the licensing objectives within the Brick lane and Bethnal Green CIZ if they wish to rebut this presumption”.
Examples of factors the Licensing Authority may consider as exceptional may include;
· Small premises with a capacity of fifty persons or less that only intend to operate during framework hours.
· Premises which are not alcohol led and operate within the framework hours.”
The Sub-Committee considered that this application had exceptional circumstances due to size of the premises, as the customer capacity was less than 50 persons and it was not an alcohol led premises.
The Sub-Committee noted the representations from the Licensing Authority, and Environmental Health regarding the impact of the premises on the Brick Lane CIZ, and the concerns relating to the likely disturbance to residents nearby. However the conditions proposed by the Applicant with the addition of the reduced hours and conditions to restrict the number of smokers outside the premises and for no drinks to be allowed to be taken outside the premises, gave the Sub Committee the assurance that this venue would not negatively impact on the CIZ.
However, the Sub-Committee was still concerned about Council officers not having yet received a satisfactory acoustic report of the premises in relation to sound proofing and therefore Members made a decision that a granting of the application would only be subject to the Environmental Health Officer receiving a satisfactory acoustic report of the premises.
The Sub-Committee was satisfied that the conditions imposed would help alleviate any concerns raised by the responsible authorities and help promote the licensing objectives.
Decision
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new premises Licence for Jack the Chipper, 74 Whitechapel High Street, London E1 7QX be GRANTED with conditions – Subject to the following proviso:-
The application will only be granted subject to the Environmental Health Officer receiving a satisfactory acoustic report.
Sale of Alcohol (on sales only)
· Monday to Thursday, from 10:00 hrs to 23:30 hrs
· Friday and Saturday, from 10:00 hrs to 00:00 hrs (midnight)
· Sunday, from 10:00 hrs to 22:30 hrs
Non-standard timings
· Christmas Eve and New Years’ Eve, until 00:30 hrs the following day
The provision of late night refreshment - (Indoors)
· Monday to Thursday, from 23:00 hrs to 23:30 hrs
· Friday to Saturday, from 23:00 hrs to 00:00 hrs (midnight)
Non-standard timings
· Christmas Eve and New Years’ Eve, until 01:00 hours the following day
The opening hours of the premises
· Monday to Thursday, from 10:00 hrs to 24:00 hrs (midnight)
· Friday and Saturday, from 10:00 hrs to 00:30 hrs (the following day)
· Sunday, from 10:00 hrs to 23:00 hrs
Non-standard timings
· Christmas Eve and New Years’ Eve, until 01:00 hrs the following day
Conditions
1. Alcohol shall only be served on the premises and ancillary to a substantiative table meal.
2. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 2 persons at any one time.
3. No drinks to be consumed outside the premises
4. No deliveries or waste collections will be taken place between the hours of 23:00 hours and 08:00 hours.
4. The Designated Premises Supervisor shall ensure that all existing staff, new staff, supervisors, and managers receive an induction in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol. This training shall include the contents of the premises licence, times of the operation, licensable activities, and all conditions. Training documents shall be signed and dated, and training records shall be made available to Police or authorised council officers on request. The records shall be retained for at least 18 months.
5. CCTV shall be installed and maintained in a good working condition and cover the entrance of the premises and all external areas.
6. CCTV covering areas inside and outside of the premises shall be installed and maintained to police recommendations with properly log arrangements. All images shall be stored for a minimum of 31 days and all recordings shall show the correct date and time
7. A staff member from the premises that is conversant with the operation of the CCTV system shall be on the premises at all times the premises is open to the public. This staff member shall be able to show Police recent date footage with the minimum of delay when requested. This date or footage reproduction shall be almost instantaneous.
8. Appropriate signage shall be in a prominent position, informing customers they are being recorded on CCTV.
9. Signs shall be placed in a prominent place at all exit points of the premises requesting patrons to respect the neighbours and leave quietly.
10. A Challenge 25 proof of age scheme shall be operated at the premises where the onlyacceptable forms of identification are recognised photographic identification cards, such asa driving licence, passport or proof of age card with the PASS Hologram.
11. A refusals book shall be kept at the premises to record details of all refusals to sell alcohol. This book shall contain the date and time of the incident, a description of the customers, the name of the staff who refused the sale and the reason the sale was refused. The book shall be made available to Police or authorised council officers on request.
12. An incident log shall be kept at the premises, and be available on request by an authorised officer or to Police which will include the following:
a. all crimes and incidents of disorder reported to the venue;
b. all ejections of patrons;
c. any complaints received concerning crime and disorder
d. seizure of drugs and offensive weapons
e. any faults in the CCTV system, searching equipment or scanning
equipment;
f. any refusal of the sale of alcohol;
Supporting documents:
- Jack the Chipper cover report, item 3.2 PDF 352 KB
- Jack the Chipper Appendices Only, item 3.2 PDF 9 MB