Agenda item
Application for Variation of a Premises Licence for Iberian Connections, 2-10 Ezra Street, London, E2 7RH
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer introduced the report which detailed the application for a variation of the premises licence for Iberian Connections, 2-10 Ezra Street, London, E2 7RH. It was noted that objections had been received from local residents.
At the request of the Chair, Mr Conor Pearson, on behalf of his father, the Applicant, explained that the premises was an oyster bar, and had been operating for many years now and has held a premises licence for sale of alcohol for over 10 years. The premises licence permits them to trade on Sundays only, from 8am to 3pm. It was noted that alcohol was an ancillary to the food offerings available at the store. Mr Pearson described the developing area, the history of the premises and its specific location and business demand from his customers.
It was noted that 12 temporary event notices (TENs) had been given over the past three months and all have been successful with no complaints or problems which had been a clear demonstration that the hours applied for had been working well with no issues. He also offered conditions to help regulate the licence and alleviate the concerns raised by the residents. It was noted that longer hours could have been applied for, but the variation of hours was only to 5pm, which was very moderate and considerate towards residents and neighbours.
Mr Pearson then addressed the objections raised by the local residents and was of the view that the concerns raised were not specific to his premises as the anti-social behaviour etc that is described occurs later on in the evenings on weekdays and weekends, when the premises itself is not open. He stated that there was a group of residents who are objecting to every application as part of a mission group. He concluded that there were no objections from responsible authorities and no reported incidents associated with the premises, and stated that the premises did not contribute to the issues and concerns that had been raised by local residents.
Members then heard from Mr Christopher Sheppard, a resident, who explained that he had lived in Ezra street for 32 years and lived 20 metres from the premises and stated that he was not part of any group but expressing an individual opinion. He expressed his love for the premises and for the area but also expressed his concern over how saturated the area had become with the increase in licensed premises. He said Ezra Street had become a hotspot destination full of drinking establishments. Mr Sheppard said that there were currently no issues with the premises but it was likely to become more alcohol led if the application was to be granted. He described examples of public nuisance and anti-social behaviour which usually start after 8pm, causing sleep disturbance and noise nuisance etc and this was not in isolation as other residents were also suffering as result of the increase in drinking establishments.
In response to questions the following was noted;
- That objections should be specific to the premises.
- That Ezra Street in general suffered from public nuisance.
- That currently the sale of alcohol ceases at 3pm; however, the premises remained open until 5pm and the variation was to extend the sale of alcohol in line with the opening hours.
- That ASB in the area would increase as alcohol would be made more readily available.
- That TENs had been given every Sunday over the last three months for the hours applied for and there have no complaints or problems.
- The Licensing Officer confirmed that there had been no complaints for the premises during the TENs.
Concluding remarks were made by both 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 them and the oral representations made by the Applicant at the meeting and by the resident objector virtually present at the meeting with particular regard to the prevention of public nuisance. The written representations of those not in attendance were read and considered by the Sub-Committee.
The representations were all very concerned with issues of cumulative impact. However, the premises were not located in a cumulative impact zone and so the normal presumption in favour of granting the application applied. This was not a new licence but a variation of an existing licence which, in effect, simply sought to move the permitted hours for the sale of alcohol. Members noted also that a number of conditions were offered if the variation were granted; the licence was currently subject only to the mandatory conditions.
Given the modest scope of this application, Members were satisfied that the moderate adjustment in hours would not have a negative impact on the area or contribute to the public nuisance already being experienced in the area and that any impact would be appropriately mitigated by the imposition of the conditions proposed. Members noted the concerns raised by the objector but noted that these were not specific to the premises itself. Indeed, there was no objection to the premises per se nor any concerns raised about the way in which the business operated.
Members welcomed the efforts made by the Applicant in offering some robust conditions. These conditions gave Members assurance that the licensing objectives would be promoted and also help alleviate concerns arising from the local resident objectors and reduce the risk of disturbances.
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 Variation Premises Licence for Iberian Connections, 2-10 Ezra Street, London E2 7RH be GRANTED with conditions.
Sale of Alcohol (off sales only)
Sunday from 10:00 hours – 17:00 hours
Seasonal variations during November and December for the Christmas Markets – between 16:00 hours to 21:00 hours
The Floor Plan to be changed.
Conditions
1. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which 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. any faults in the CCTV system
f. any visit by a relevant authority or emergency service.
2. CCTV shall be installed, operated and maintained at all times that the premises is open for licensable activities, so as to comply with the following criteria;
a) The licensee will ensure that the system is checked every two weeks to ensure that the system is working properly and that the date and time are correct. A record of these checks, showing the date and time of the person checking, shall be kept and made available to police or authorised council officers on request.
b) The police must be informed if the system will not be operating for longer than one day of business for any reason
c) One camera will show a close-up of the entrance to the premises, to capture a clear, full length image of anyone entering
d) The system will provide coverage of any exterior part of the premises accessible to the public
e) The system shall record in real time and recordings will be date and time stamped
f) Recordings will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to police or authorised council officers on request, (subject to the Data Protection Act 1998) within 24 hours of any request, and
g) At all times the premises are open for licensable activity, there will be a person on the premises who can operate the system sufficiently to allow police or authorised council officers to view footage on request.
3. Signage stating that CCTV is in operation at the premises will be clearly displayed at the premises.
4. No high strength beer, lager or cider in cans or plastic bottles of 6.5% abv or above shall be sold.
5. All sales of alcohol for consumption off the premises shall be in recyclable containers only and shall not be consumed on the premises.
6. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale, a description of the person who was refused service and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by authorised officers of the council and the Metropolitan Police upon request.
7. The Licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any litter emanating from the premises. A final check should be made at close of business.
8. The premises will provide a bin or bins which will be subject to regular emptying.
9. 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
10. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard to age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs.
11. All such training is to be fully documented and signed by not only the employee but the person delivering the training. Training records shall be kept at the premises and made available upon request to either Police Officers or an authorised officer of the council. Staff employed to sell alcohol shall undergo training upon induction. This shall include, but not be limited to;
· The premises age verification policy
· Dealing with refusal of sales
· Proxy purchasing
· Identifying attempts by intoxicated persons to purchase alcohol
· Identifying signs of intoxication
12. Such training sessions are to be documented and refreshed every twelve months. All training sessions are to be documented in English. Records of training shall be kept for a minimum of one year and be made available to an authorised officer of the council and the Metropolitan Police upon request.
- 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.
Supporting documents:
- Iberian Connections cover report, item 4.1 PDF 344 KB
- Iberian Connections Appendices Only, item 4.1 PDF 8 MB
- 1. Letter to the committee, item 4.1 PDF 299 KB
- 2. Document A, item 4.1 PDF 408 KB
- 3. Document B, item 4.1 PDF 351 KB
- 4. Document C, item 4.1 PDF 616 KB
- 5. Document D, item 4.1 PDF 2 MB
- 6. Document E, item 4.1 PDF 669 KB