Agenda item
Licensing Act 2003 Application to Review the Premises Licence for 76 Brick Lane, London E1 6RL
Minutes:
At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for 76 Brick Lane, London E1 6RL. It was noted that the review had been initiated by the Metropolitan Police and was supported by the Licensing Authority, Environmental Health and the Health and Safety Team.
The Sub-Committee noted the Applicant was seeking the revocation of the Licence. The Sub-Committee carefully considered the written evidence of PC Mark Perry, for the Metropolitan Police, who was not present for the meeting as he was appearing at a concurrent Tower Hamlets Licensing Sub-Committee meeting.
Ms Kathy Driver, Principal Licensing Officer, explained that following incidences reported to the Police over the period November 2020 to January 2021, it became apparent the premises was operating in breach of the Covid-19 restrictions and laws. Reports of an illegal party and advertising for a DJ had led to fines being issued against Mr Abraham Mahmood who had been operating the premises as “Kyice’s Kitchen”. As part of the Police investigation, it was established that the Premises Licence Holder was Mr Sultan Miah and the Designated Premises Supervisor (DPS) was Mr Akhtar Miah.
Although attempts had been made to contact the Licence Holder and the DPS, no meaningful communication had been received from them. The annual fees for 2018 and 2019 had not been paid, which effectively suspended the licence. However, fees had been paid for 2020 via the online system by those associated with ‘Kyice’s Kitchen’. Ms Driver stated that it was apparent the Licence Holder was not involved with the business or the premises and therefore should have either surrendered the licence or consented to the transfer of the licence to a new owner. However, both these options had not been pursued despite several letters of communication to the Licence Holder. She said that the Licensing Authority was seeking a revocation of the Licence, as there was a risk that the licence could be reactivated should the outstanding licence fees be paid.
The Sub-Committee then heard from Mr Phil Brewer, Environmental Health Officer, who referred Members to the written submission of his colleague, Ms Nicola Cadzow. He said that the Environmental Health Team was supportive of the Police’s request for review and revocation of the licence in light of the complaints received from members of the public about noise nuisance arising at the premises. He stated that it was clear that noise generated during the illegal party and breach of Covid-19 restrictions had caused disturbance to neighbours.
Mr Lekan Olomo, from the Health and Safety Team, then addressed the Sub-Committee. He said that he had visited the premises on the 19th of December 2020 with Nazir Ali and found there was approximately twenty to twenty-five people inside the premises, partying with food and drink, whilst music was playing. Mr Olomo said that this was in clear breach of the Business Restriction Regulations, as per the Covid-19 laws and regulations. He said a fixed penalty notice was served on the premises on the 24th December with a fine of £2000.00, following the initial breach and fixed penalty which had been issued by the Police. Mr Olomo said he supported the Police’s application for review and revocation of the Licence.
In response to questions from members, the following was noted:
- Several attempts had been made by the Licensing Authority to contact the License Holder. Letters and reminders had been sent in relation to the annual fees. A solicitor from a historic record was also contacted to see if communication could be established with the Licence Holder. Despite these attempts, the Licence Holder failed to respond.
- In the event of the licence not being revoked, the licence for the premises would remain suspended until such time as the annual fees were paid. This would mean the licence could be reactivated. The new licensee could effectively operate the business as a food premises without a licence until 11:00 p.m. if there was no sale of alcohol involved.
- The Police made the initial attendance at the premises following the reports of an illegal party. It was evident that the premises had breached the lockdown regulations and as such the Police and the Responsible Authorities had taken action to fine the person responsible for the party as well as try and make contact with the Licence Holder. The Responsible Authorities were seeking a revocation of the licence based on the evidence presented to the Sub-Committee.
Concluding remarks were made by the 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 the evidence before them and the oral representations at the meeting virtually made by the supporters of the review, namely the Licensing Authority, Environmental Health and the Health & Safety Team.
The Sub-Committee noted the premises was in the Brick Lane Cumulative Impact Zone and that had in recent times it had been operated by Mr Abraham Mahmood as ‘Kyice’s Kitchen’. From the evidence provided, it was clear the Covid-19 restrictions and laws had been breached and that the licensing objectives had been undermined. The Sub-Committee noted that whilst attempts had been made to contact the director of Licence Holder, Mr Sultan Miah, and the Designated Premises Supervisor (DPS), Mr Akthar Miah, no meaningful response or communication had been received from them.
Evidence from the Licencing Authority showed that annual fees for years 2018 and 2019 had not been paid. Although fees had been paid for 2020, linked to an email address associated with Kyice’s Kitchen, the fees for 2018 and 2019 remained outstanding. Accordingly, the licence remained suspended and the premises should not have been carrying out licensable activities. Correspondence, dated 12 November 2020, had been sent to the premises, the Premises Licence Holder and the DPS but no response was received.
The Sub-Committee noted that the Licence Holder and Designated Premises Supervisor had allowed the Premises to operate without a valid licence in breach of the relevant laws and contrary to the licensing objectives. Despite attempts by the Licensing Authority to engage with the Licence Holder, no efforts had been made by to co-operate or address the issues caused by the Premises. The Sub-Committee was not satisfied that licensing conditions, suspension or removal of the Designated Premises Supervisor would adequately address the issues or promote the licensing objectives. The Sub-Committee concluded that the licence holder was not a suitable person to hold a premises licence and that revocation was the only appropriate remedy to promote the licensing objectives.
Therefore, Members made a decision and the decision was unanimous. Members agreed to GRANT the review and REVOKE the licence held by Blue Tiger Limited.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for review of the Premises Beefy and Birds (Kyice's Kitchen) 76 Brick Lane, London E1 6RL be granted and the Licence be revoked.
Supporting documents:
- Beefy and Birds cover report, item 4.2 PDF 165 KB
- Beefy and Birds Appendices Only, item 4.2 PDF 12 MB