Agenda item
Application for a New Premises Licence for (Rooftop) 60 The Highway, Wapping, London E1W 2BF
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 Rooftop, 60 The Highway, London E1W 2BF. It was noted that objections had been received on behalf of the Licensing Authority and local residents. It was noted that prior to the meeting, objections from the Licensing Authority and one of the residents had been withdrawn. The application now had two resident objections remaining.
At the request of the Chair, Ms Sarah Clover, Legal Representative on behalf of the Applicant, explained that the venue was the old car garage on the 2nd floor rooftop area, that there were no objections from all the Responsible Authorities and that a robust set of conditions had been offered if the application were to be granted. Ms Clover introduced Mr Yuvel Hen, the Applicant and gave a brief background of Mr Hen’s character and experiences to date, and emphasised the huge support from local residents for Mr Hen. It was noted that Mr Hen had another premises and had let residents use it for community focussed events and also offered community groups to hire out the venue etc. Ms Clover explained that the premises was a bar, set out in a garden style environment with foliage and plants and a pleasant outdoor area. She explained that this premises had been operating under temporary event notices (TENS) to test the business concept which had been very successful with no complaints.
It was noted that all conditions from Responsible Authorities had been accepted by the Applicant, that the hours applied for were very moderate and well within the council’s framework hours. It was a time limited premises and the powers to review the licence would be available to all interested parties should problems arise.
It was noted that the objectors were not present at the meeting therefore Members noted and considered their written objections;
In response to questions the following was noted;
- That the venue would run throughout summer until September and reopen before Christmas and then close and reopen during spring and summer next year.
- That there were 2.5 metre screens up with timber fencing covering the perimeter of the rooftop. These visual barriers ensured that there was no way to see into neighbouring residential premises.
- That there had been 11 TENs which had operated well with no complaints of sound or nuisance.
- Speakers for music had been tucked away to ensure noise is not audible to neighbouring premises.
- The premises had a capacity for 400 people.
- There were sufficient security staff in place
- That the Applicant was working in consultation with LBTH Environmental Health Officer for setting the appropriate sound levels.
- That Mr Hen had regular contact with residents and had own social media groups set up to keep in touch with them and to use as a platform to raise concerns etc.
- Dispersal policy was noted and confirmed that customers would leave via Pennington Street, which was the furthest away from residential premises.
- That every customer leaving is monitored and if there were any issues these would be dealt with immediately.
- Employed a large number of SIA staff, who were trained in crowd management.
- That the street is cleaned on a regular basis after the premises is closed each night.
- The reason for not applying for later hours was so not to disrupt residents and to maintain a good relationship with residents.
Concluding remarks were made by Ms Clover.
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 the oral representations at the meeting virtually and in person from the Applicant and his Legal Representative. It was noted that those making representation were not present at the meeting. However, their written representation was read and considered by the Sub-Committee. It was further noted that two out of the four objections had been withdrawn following mediation with the objectors.
The Sub-Committee noted the concerns raised by the resident objectors in relation to the potential increase in noise and public nuisance, lack of privacy in their homes as customers would be overlooking into residential properties, as well as concerns of having another Rooftop Bar in the area. However, the Sub-Committee was assured that appropriate screening had been installed which deflected the noise away from the direction of the residential properties. In addition, the screens were over two metres high, which ensured that customers would not have a view of any residential properties. The Sub-Committee had been informed that there had been several Temporary Event Notices given in relation to the premises to see that the operation of the premises would not undermine the licensing objectives were the licence to be granted. There had been no complaints from these events and objections had been made to them by either the police or environmental health.
Members welcomed the efforts made by the Applicant in ensuring that he maintained a good relationship with local residents and implemented a good dispersal policy for customer access and egress. Members were confident that the moderate hours applied for together with the robust set of conditions offered and agreed with Responsible Authorities, the Applicant would ensure that the licensing objectives would be promoted.
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 Time Limited Premises Licence for Rooftop, 60 The Highway, Wapping, London E1W 2BF be GRANTED with conditions.
A Time Limited Premises Licence for Rooftop, 60 The Highway, Wapping, London E1W 2BF from the 1st May 2021 to 30th September 2022.
Sale of Alcohol (On Sales)
Monday to Sunday, from 11:00 hours to 20:30 hours
The Provision of Regulated Entertainment (Recorded Music) – Outdoors
Monday to Sunday, from 11:00 hours to 20:30 hours
The Opening hours of the Premises
Monday to Sunday, from 11:00 hours to 21:00 hours
Conditions
1. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
2. 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.
3. Children admitted only when accompanied by an adult, and to outdoor area only to 21.00 only.
4. The premises shall install and maintain a comprehensive CCTV system asper the minimum requirements of the Tower Hamlets Police Licensing Team.All entry and exit points will be covered enabling frontal identification of everyperson entering in any light condition. The CCTV system shall continuallyrecord whilst the premises is open for licensable activities and during all timeswhen customers remain on the premises. All recordings shall be stored for aminimum period of 31 days with date and time stamping. Viewing ofrecordings shall be made available immediately upon the request of Police orauthorised officer throughout the entire 31 day period
5. A staff member from the premises who is conversant with the operation of theCCTV system shall be on the premises at all times when the premises areopen. This staff member must be able to provide a Police or authorisedcouncil officer copies of recent CCTV images or data with the absoluteminimum of delay when requested.
6. There shall be a personal licence holder on duty on the premises at all timeswhen the premises are authorised to sell alcohol.
7. A minimum of 1 SIA licensed door supervisors per 100 customers shall be on duty at the premises at all times whilst it is open for business
8. 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 ofany 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.
9. In the event that a serious assault is committed on the premises (or appearsto 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.
10. All drinking vessels used in the venue shall be polycarbonate. All drinks inglass bottles are to be decanted into polycarbonate containers orpolycarbonate carafes prior to being served. Customers shall not be permittedto leave their table carrying any such glass bottles or drink directly from thebottle.
11. Challenge 25 proof of age scheme shall be operated at the premises wherethe only acceptable forms of identification are recognised photographicidentification cards, such as a driving licence, passport or proof of age cardwith the PASS Hologram.
12. The sound system for outside use is to be controlled by a sound limiter and all music is to be inaudible within residential premises.
13. The licensee must seek approval from Police and Licensing Authority on any changes of external promoters.
14. The premises shall discourage any attempt by organisers, artist or users of the premises to advertise by fly posting or using illegal placards;
15. There shall be no use of nox cannisters used on site, the licence holder shall discourage any attempts of traders to sell balloons/cannisters immediately outside the venue.
16. No alcohol or drinks shall be taken off the licensed area, apart from the ground floor toilet area.
17. A site plan of the layout and any changes to the layout must be agreed with Licensing Authority; Police and Environmental Protection prior to any activities taking place.
18. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
19. Adequate measures shall be in place to ensure customers remain within the site of the licensed area.
20. A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
21. The numbers of toilets provided shall be equivalent to the recommendation of the Purple Guide for outdoor events.
Supporting documents: