Agenda item
Application for a New Premise Licence for Da Nonna, Unit 2, New Crane Place, London, E1W 3TS
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 Da Nonna, Unit 2, New Crane Place, London, E1W 3TS. It was noted that objections had been received on behalf of local residents.
The Applicant, Ms Alexa Mora, asked for her friend, Mr Alessandro Ferrari, to speak on her behalf. Mr Ferrari explained that that the Applicant lived and worked in the local area and was excited to bring Italian soul food to local residents. He explained that the premises was not a pub, bar or club, but a restaurant for customers to enjoy food and drink. He explained that alcohol would only be sold ancillary to a meal and customers would not be allowed to take open vessels of alcohol outside the premises. The premises would provide free drinking water, train staff, have notices displayed in the premises and monitor customers to ensure they do not block the entrance to residential buildings.
Members also heard from Mr Mark Gower, landlord of the premises, who confirmed that he owned the building. He explained that the premises had been operating as an Italian restaurant for the past 10 years but the license lapsed when the previous operators had left and therefore a new application had to be made. He said that here were 150 apartments in the local area who will use this facility. He said that the premises next door was a licensed premises which had now been sold and turned into gym, and therefore no licence in place. He said some of the objectors were not local residents; they were buy to let landlords and individuals who no longer live there. He expressed his support for the premises.
Members then heard from Mr Ben Pommer, Ms Caitlin Spence, Mr Ed Lawrence, Ms Deborah Holmes and Mr Tim Warren, objectors, who expressed the following concerns in relation to the premises:
1. The hours applied for were excessive, especially in a residential area.
2. There had been noise emanating from the premises since the Applicant had taken over the premises.
3. Two residents had moved as direct consequence of the noise emanating from the premises.
4. Efforts to engage with the Applicant had been unsuccessful.
5. It was a quiet residential area with few late night premises.
6. There was no sound insulation preventing noise emanating to the upper part of the building.
7. Objectors were concerned about noise emanating from the building when the glass front was opened up.
8. Customers and staff had been seen smoking and blocking building entrances.
9. Building works had been carried out during unsociable hours.
10.There had been no problems with the previous operators.
11.Residents were unable to keep windows open during the summer months due to noise and impact on sleep and family life.
12.Residents felt intimidated by customers who block the building entrance.
In response to questions from Members, the following was noted:
13.The restaurant had 24 covers with 9 tables.
14.There were 6 members of staff including the chef.
15.The Applicant was willing to work with residents.
16.The Applicant stated that the noise issues were due to refurbishment works carried out at the premises when the Applicant first moved in.
17.Following advice from the Sound Engineer, sound insulation had been installed.
18.New insulation panels had been installed and the new ventilation fan reduced the smell of food and vibration.
19.A member of staff would be responsible for monitoring customers outside the premises.
20.Signage would be displayed around the premises asking customers to leave quietly and respect the needs of residents.
21.Residents believed that there was no sound proofing and excessive vibration from the premises.
22.The Applicant explained that when the premise was taken, it was empty with no furniture. It believed that this was the main reason why there was noise at the start as there was no furniture to absorb noise.
23.The reason for later opening hours was to allow the flexibility to open later hours on occasions.
24.The Applicant was agreeable to keep windows and doors shut from 9pm onwards.
25.The Applicant was also agreeable to limit the number of smokers outside the premises at any one time and reduce the hours in line with the Council’s framework hours.
Concluding remarks were made by all parties.
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 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 made at the meeting by the Applicant, her translator, the landlord of the premises and residents objecting to the application.
Members noted the explanation given by the Applicant in terms of why there had been an increase in noise nuisance over the past months; this had been due to the works being carried out in the premises. Members were concerned about the later hours applied for, especially in a residential area. Members were assured that staff would be trained and there would be monitoring of the outdoor area to ensure their customers did not cause any disturbance to the residents in the immediate vicinity.
Members noted objections from the local residents who shared similar concerns about noise nuisance and disturbance, as well as the later opening hours in a heavily populated residential area. Members noted that the hours applied for were beyond the Council’s Framework Hours and were concerned about the likely disturbances that would be caused to residents during noise sensitive hours if the premises were to stay open till late. However, Members noted that it was a small food-led premises.
The Sub Committee was satisfied that a reduction in licensable hours, together with robust conditions, including a restriction in the number of smokers, alcohol being ancillary to a meal, no drinks allowed outside the premises and having the doors and windows kept closed after 9pm, would promote the licensing objectives and alleviate the concerns of residents regarding the risk of disturbance.
Therefore, Members made a decision and the decision was unanimous. Members granted the application in part with conditions.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Da Nonna, Unit 2, New Crane Place, London E1W 3TS be GRANTED with conditions.
Sale of Alcohol
Monday to Thursday from 13:00 hours to 23:00 hours
Friday and Saturday from 13:00 hours to 23:30 hours
Sunday from 13:00 hours to 22:00 hours
The Provision of Late Night Refreshments
Friday and Saturday from 23:00 hours to 23:30 hours
Hours premises are
open to the public:
Monday to Thursday from 10:00 hours to 23:30 hours
Friday and Saturday from 10:00 hours to 00:00 hours
Sunday from 10:00 hours to 22:30 hours
Conditions
1. 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 31 day 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. The premises shall ensure that customers do not take or consume open containers of alcohol or soft drink outside the premises.
4. Alcohol shall only be served on the premises and ancillary to a substantiative table meal.
5. Doors and windows shall be kept closed from 21:00 hours until closing.
6. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
7. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
8. Notices shall be displayed in the premises asking customers to leave quietly and respect the needs of local residents.
9. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 4 persons at any one time.
10.All staff whose responsibilities include the sale of alcohol shall receive training regarding their social and legal obligations regarding the sale of alcohol. Evidence of this training shall be kept at the premises for inspection by police or council authorised staff.
11.Premises staff shall regularly patrol the premises, both indoors and outdoors, to supervise the orderly conduct of patrons. The Premises shall ensure that patrons do not congregate directly outside the premises following their meal.
12.A 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.
13.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) any faults in the CCTV system, searching equipment
or scanning equipment;
f) any refusal of the sale of alcohol;
Supporting documents: