Agenda item
Application for a New Premises Licence for Trade 47 Commercial Street, London E1 6BD
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 Trade, 47 Commercial Street, London E1 6BD. It was noted that an objections had been made by the Licensing Authority.
At the request of the Chair, Mr Paul Jones, Licensing Agent, explained that the premises was a café and been trading since 2014, with a total of 11 staff, serving breakfast and lunch. He said the Applicant owned and operated two other restaurants which were fully licensed and therefore was experienced and a responsible operator. He said that the application had been prompted due to the global pandemic and the financial difficulties the hospitality industry had been facing and therefore wanted to extend the café model to later in the evening with the introduction of sale of alcohol in order for the survival of the business.
Mr Jones stated that the cumulative impact zone policy allowed for a rebuttable presumption and in this application he states that there were exceptional circumstances as it was a small premises, not alcohol led and the hours applied for were within the council’s framework hours. Mr Jones explained that the Applicant was happy to except the conditions proposed by the Licensing Officer. However, he did not agree with Condition 2 to restrict the premises to a restaurant licence and asked for this to be reworded as the premises did not have the facilities to be able to cater for a sit down restaurant meal.
Members then heard from Mr Mohshin Ali, Licensing Officer. He said that he acknowledged the fact that businesses were facing difficulties but there was a potential for public nuisance and crime and disorder if a new premises licence was to be granted. It was noted that the premises was currently a café and didn’t sell alcohol and if a licence was to be granted, this would mean another licensed premises in the CIZ which would cause a negative effect. Mr Ali explained that as a result of another licensed premises there would be an increase in footfall, likely increase in alcohol fuelled crime and would add to existing levels of anti-social behaviour in the area, an area which already experiences high levels of public nuisance and crime and disorder. Mr Ali stated that if Members were minded to grant the application then conditions preventing it from becoming a bar should be imposed.
In response to questions the following was noted;
- That the premises had a capacity for 48 persons.
- The basement area was for the kitchen, toilets and office.
- The café served sandwiches, deli style food, and causal meals.
- The café was less formal than a dining restaurant.
- That the majority of the customers were from nearby offices and unlikely to be attracting people from outside the area.
- That most customers would be having food with alcohol.
- That staff would monitor to ensure customers aren’t drinking excessively, and would not serve customers if they are intoxicated.
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 virtually and in person by the Applicant, his Licensing Agent and from the Officer representing the Licensing Authority, with particular regard to the prevention of public nuisance.
The Sub-Committee noted the representations from the Licensing Authority, regarding the impact of the premises in the Brick Lane 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 offered in the operating schedule and those agreed with Environmental Health. The Sub-Committee accepted that the premises was a relatively small deli café, offering customers alcoholic beverages with deli-style food, that would not be alcohol-led, and that the small number of covers and the adherence to the council’s framework hours would ensure that there would not be an additional adverse impact on the CIZ.
The Sub-Committee’s main concern was to ensure that the premises would indeed operate as indicated by the Applicant and would not turn into a bar. The Sub-Committee therefore considered it appropriate to impose additional conditions and which addressed the concerns raised by the Applicant in respect of the Licensing Authority’s proposed condition 2, which required, among other things, the provision of alcohol with a substantial meal.
The Sub-Committee added conditions 4 to 8 below. Conditions 4 and 5 ensure that the number of patrons in the premises at any one time would remain limited. Condition 6 ensured that the sale of alcohol would not and could not become the main focus of the business. Finally, condition 8 limited the type of alcohol to be sold. All of these conditions would ensure that the premises would operate in the manner explained to the Sub-Committee. The Sub-Committee was satisfied that these additional conditions were appropriate and proportionate for the promotion of the licensing objectives.
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 restrict the premises in becoming a bar in future and this also helping alleviate any concerns raised by the Responsible Authority.
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 Trade, 47 Commercial Street, London E1 6BD be GRANTED with conditions.
Sale of Alcohol (on sales only)
Monday to Saturday from 09:00 hours to 23:30 hours
Sunday from 09:00 hours to 21:00 hours
The opening hours of the premises
Monday to Saturday from 07:00 hours to 23:30 hours
Sunday from 09:00 hours to 21:00 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.
4. Alcohol shall only be sold or supplied to patrons who are seated at a table, counter or similar.
5. There shall be no vertical drinking within the premises.
6. Alcohol shall only be sold or supplied to patrons purchasing food which is commensurate with the food offering provided by the premises and shall be ancillary to such food sales.
7. There shall be no sale or supply of spirits, aperitifs, digestifs or similar.
8. There shall be no off sale of alcohol from the premises.
- 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.
10.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- 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.
12.All staff shall be suitably trained for their job function for the premises. The training shall be written into a programme ongoing and under constant review and shall be made available to a relevant responsible authority when called upon.
13.Signage indicating that a CCTV recording system is in operation shall be displayed prominently in the premises.
14.A premises daily register shall be kept at the premises. This register shall be maintained and kept for a rolling period of 12 months. The register shall record the name of the person responsible for the premises on each given day. The register shall record all incidents which may have occurred which are relevant to the supply of alcohol and the promotion of the licensing objectives. Such incidents shall include complaints made to the premises alleging nuisance or anti-social behaviour by persons attending or leaving the premises. The register shall also record all refusals to sell alcohol. The register shall be readily available for inspection by an authorised person upon reasonable request.
15.The premises licence holder shall join any Pubwatch or similar organisation where active.
16.No person shall be allowed to leave the premises whilst in the possession of any glass drinking vessel or open glass bottle, whether empty or containing any beverage.
17.The premises licence holder shall ensure that a suitable fire risk assessment and emergency plan is in place at all times.
18.An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.
19.No accumulation of combustible rubbish, dirt, surplus material or stored goods shall be permitted to remain in any part of the premises except in an appropriate place and of such quantities so as not to cause a nuisance, obstruction or other safety hazard.
20.Patrons smoking outside the premises shall be monitored regularly.
21.The premises’ frontage shall be regularly monitored to keep it clean and clear of litter.
22.Arrangements shall be put in place to ensure that waste collection contractors do not collect refuse between 19:00 and 07:00.
23.All occasions when persons have been refused service shall be recorded in the premises daily register.
24.There shall be no children unaccompanied by a responsible adult on the premises after 21:00.
25.All children under the age of 12 years shall be accompanied by an adult whilst on the premises
26.Loudspeakers shall not be located in the entrance lobby or
outside the premise building.
27.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 public nuisance.
Supporting documents: