Agenda item
Application for a Premises Licence for (The Breakouse Café) Unit 17, Bloc Riverbank, London E3 2BT
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 The Breakhouse Café, Unit 17, Bloc Riverbank, London E3 2BT. It was noted that objections had been received on behalf of local residents and a local business.
Mr Craig Baylis, Legal Representative on behalf of the Applicant, explained that the restaurant was away from residential properties and in a business estate. He said that alcohol would only be sold ancillary to a meal. It was noted that there were no objections from Responsible Authorities and conditions had been agreed following consultation.
Mr Baylis explained that the premises had a small capacity 50 people, including 10 covers for the external area. It was a small outdoor area and tables would be cleared by 9pm.
Members then heard from Councillor Rachel Blake, who spoke on behalf of Mr Michael Dover, resident objector. She acknowledged that drinks would be served with meals only but raised concerns regarding the entrance to and exit from the premises. She stated that the premises did not have the relevant planning permission, there was no pavement on route to the premises and it was not a safe walkway for customers to get to and leave from the premises. Cllr Blake raised further concerns that the area had no lighting and was a private road not designed for public access and egress.
Mr Luke Wilson, Legal Advisor, at this point, advised Members that planning permission was not a relevant consideration for the Licensing Sub Committee when considering a premises licence application. Any submissions regarding this ought to be disregarded by the Sub-Committee.
Members then heard from Mr Wayne Llyod, resident, who briefly explained his concerns about the safety of customers, who may be frequenting the premises and leaving inebriated, as there was no pavement and no lighting. He also expressed concern that a licensed premise would encourage people to congregate outside the premises and cause public nuisance.
Members lastly heard from Mr Mark Smith, representing JB Riney & Co Ltd, who briefly explained the safety risks of not having a footpath for customers to use to get to and from the premises. He said that it was a private road and was mainly used by his company for the use of HGV fleet vehicles to access the business site. Mr Smith stated that with no lights and no footpath it would be dangerous for people to access the premises. Customers consuming alcohol at the premises would add further risk.
In response to questions from Members, the following was noted:
· The Café has been trading for 30 years.
· The Applicant submitted that the Responsible Authorities would have objected had there been issues of public safety.
· The hours applied for were within the council’s framework hours, the premises was not a bar or club, and alcohol would only be served with food.
· There was support for the premises from local people in the area and those working in the business site.
· The Applicant had offered to meet with the objectors but the objectors did not engage.
· A premises licence with conditions would help regulate the premises and ensure accountability.
· There would be approximately 40 covers inside the premises and approximately 10 covers in the external area.
· The Applicant agreed to remove off sales from the application.
· The objectors maintained their concerns in relation to the entrance and exit to and from the premises, with no pavement or street lighting.
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 it and the oral representations at the meeting from the Applicant’s Legal Representative, the local Ward Councillor and residents objecting to the application.
The Sub-Committee noted the objectors’ concerns in relation to public safety. However, the Sub-Committee was not satisfied that there was sufficient evidence to reject the premises licence application, noting the absence of objections from the relevant responsible authorities. The Sub-Committee was satisfied that the removal of off-sales from the application and the imposition of an additional condition that drinks not be taken or consumed off the premises would be appropriate and proportionate measures to alleviate the concerns relating to public safety and noise nuisance. The Sub-Committee noted that the Applicant was agreeable to these measures.
The Sub Committee was satisfied that the robust set of conditions agreed with the Metropolitan Police, Environmental Health and The Licensing Authority, together with the removal of off-sales and the prohibition of drinks being taken or consumed off the premises, would promote the licensing objectives.
Therefore, Members made a decision and the decision was unanimous. Members granted the application with conditions.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for a The Breakhouse Café, Unit 17, Bloc Riverbank, London E3 2BT be GRANTED with conditions.
Sale of Alcohol
Monday to Sunday from 12:00 hours to 23:00 hours
Hours premises are
open to the public:
Monday to Sunday from 08:00 hours to 23:30 hours
Conditions
1. There shall be no off sales of alcohol.
2. The premises shall ensure that customers do not take or consume open containers of alcohol off the premises.
3. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and forconsumption by such a person as ancillary to their meal.
4. Loudspeakers shall not be located in the entrance lobby or outside the premise building.
5. All windows and external doors shall be kept closed after 21:00 hours, or at any time whenregulated entertainment takes place, except for the immediateaccess & egress of persons.
6. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of localresidents and businesses and leave the area quietly.
7. No idling of vehicles, being either patron or delivery vehicles outside the premise whilst premise isin operation.
8. The external area shall not be used after 21:00 hours, except for patrons permitted totemporarily leave and then re-enter the premises, e.g. to smoke, and shall be limited to 10 personsat any one time. Any person temporarily leaving the premises shall not be permitted to take drinks outside.
9. No noise generated on the premises, or by its associated plant or equipment, shall emanate from thepremises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
10.The premises shall install and maintain a comprehensive CCTV system as per theminimum requirements of the Tower Hamlets Police Licensing Team. All entry and exitpoints will be covered enabling frontal identification of every person entering in any lightcondition. The CCTV system shall continually record whilst the premises is open forlicensable activities and during all times when customers remain on the premises. Allrecordings 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 orauthorised officer throughout the entire 31 day period.
11.A staff member from the premises who is conversant with the operation of the CCTVsystem shall be on the premises at all times when the premises are open. This staffmember must be able to provide a Police or authorised council officer copies of recentCCTV images or data with the absolute minimum of delay when requested.
12.There shall be a personal licence holder on duty on the premises at all times when thepremises are authorised to sell alcohol.
13.When the designated premise supervisor is not on the premises any or all personsauthorised to sell alcohol will be authorised by the designated premises supervisor inwriting. This shall be available on request by the Police or any authorised officer.
14.An incident log shall be kept at the premises, and be available on request to the Police oran authorised officer. It must be completed within 24 hours of any incident and will recordthe 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;
g) any visit by a relevant authority or emergency service.
15.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
d) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
16.The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
17.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
18.A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises is open.
Supporting documents:
- Breakhouse Cafe cover report, item 4.1 PDF 455 KB
- Appendix 1, item 4.1 PDF 3 MB
- Appendix 2, item 4.1 PDF 16 MB
- Appendix 3, item 4.1 PDF 3 MB