Agenda item
Application for a New Premise Licence for 'Nobody Asked Me', 323 Bethnal Green Road, London, E2 6AH
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 Nobody Asked Me, 323 Bethnal Green Road, London E2 6AH. It was noted that objections had been received by officers on behalf of Licensing Authority and Environmental Health.
At the request of the Chair, Mr Jamie Issac, Applicant, explained that the premises would be a small neighbourhood wine shop, selling quality wines not found on the high street, bottles averaging between £12-15 and would have a different collection from other wine shops. He explained the hours sought were well within the framework hours, and only required regulated entertainment for background music. He said that on average there would be 5-6 customers in the shop at any one time. There would be suitable signage asking customers to leave quietly and therefore, the Applicant was of the view there would be no negative impact on the area.
Members then heard from Mr Mohshin Ali, who briefly explained that having reviewed the application, it was weak and did not have sufficient measures in place for licensed premises in the Cumulative Impact Zone (CIZ). He said additional premises in the CIZ would have add to the cumulative impact in the area. He acknowledged that conditions had been agreed with the Police, but the area was at a saturation point and any premises would be likely to add to the cumulative impact of public nuisance and crime and disorder in the area.
Members then heard from Mr Ibrahim Elias, Environmental Health Officer, he said having reviewed the application, there was insufficient information in the operating schedule of the licensing application to show how the applicant will promote the licensing objective for the prevention of public nuisance, particularly when considering that the application was for an additional premises license in the CIZ. He also stated that there were residential premises in close proximity and likely concerns of noise breakout from the premises affecting neighbouring residents.
In response to questions the following was noted;
- That the applicant was happy to remove regulated entertainment from his application, as background music did not require a licence.
- That all staff would be trained on how to sell alcohol responsibly
- That customers would be advised to take alcohol home and consume.
- That there would only be low-level background music playing for atmosphere.
- That contact details for the manager would be made available to residents to report any concerns.
- No delivery option would be available.
- That the applicant was willing to have a noise limiter installed to help minimise noise from emanating outside the premises.
- The premises was previously a coffee shop.
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 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 from the Officers representing the Licensing Authority and Environmental Health, objecting to the application, with particular regard to the prevention of public nuisance.
The Sub-Committee noted the representations from the Licensing Authority, and Environmental Health regarding the impact of the premises in the Bethnal Green Cumulative Impact Zone (CIZ) and in particular the concerns relating to an additional set of licensed premises in a CIZ. However, the Sub-Committee also noted the applicant’s representation that the impact of the premises licence if granted, would be mitigated by the proposed conditions agreed with the Metropolitan Police, and the representation by the Applicant that the premises was a relatively small, premium wine shop and delicatessen, so from that evidence not alcohol led, with hours well within the framework hours.
The Sub-Committee was therefore satisfied that there would be no addition to the cumulative impact in the area. It was also noted that the application had been amended, and the hours for regulated entertainment in the form of recorded music was removed and therefore alleviating any concerns about noise nuisance.
The Sub-Committee was satisfied that the licensing objectives would be upheld, and that the conditions imposed in relation to a non-alcohol led business would effectively mitigate the risk of public nuisance and help alleviate any concerns raised by the Responsible Authorities.
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 Nobody Asked Me, 323 Bethnal Green Road, London E2 6AH be GRANTED with conditions.
Sale of Alcohol (Off Sales only)
Monday to Sunday from 12:00 hours to 20:00 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 31 day period.
- 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 with copies of recent CCTV images or data with the absolute minimum of delay when requested.
- When the designated premises supervisor is not on the premises, any or all persons authorised to sell alcohol will be authorised by the designated premises supervisor in writing. This shall be available on request by the Police or any authorised officer.
- 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.
- 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.
7. Loudspeakers shall not be located in the entrance lobby or outside the premises building. There shall be no sales of alcohol for consumption off the premises after (20:00 hours).
8. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
9. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
- A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
- All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
- 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.
- 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:
- Nobody Asked Me cover report, item 3.3 PDF 279 KB
- Nobody Asked Me Appendices Only, item 3.3 PDF 6 MB