Agenda item
Licensing Act 2003 Application for a Premises Licence for (Lofthouse Square Ltd) Lanterna Building, Fish Island Village, Wyke Road, London E3 3PL
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 (Lofthouse Square Ltd) Lanterna Building, Fish Island Village, Wyke Road, London E3 3PL. It was noted that the application had received both support and objection to it.
At the request of the Chair, the Applicant’s Counsel, Mr Michael Rogers presented his submission and referred to the supplementary pack, page 13 and said this set out what was being proposed for the premises. He said the premises would be used as a restaurant and bar, with workspaces and would operate as an all-day delicatessen during the daytime. He said the floor plan on page 14 of the supplementary agenda and Appendix 2 of the main agenda pack, pages 190 onwards, showed how the space would be used. He said there were two entrances, one at the rear to the delicatessen and another which led to the Square.
Mr Rogers said the Applicant hoped to attract both young professionals living locally, families and other people in the locality, to use the facility as a meet and eat, and hot desking space. He said the Applicant was not seeking to attract people after football matches and wanted local people to use the space as a community hub. Mr Rogers said the Applicant had met with local residents and had listened to their concerns. He said the main concern of the objectors, related to nuisance which had been constructively addressed by the applicant. Mr Rogers said there had been considerable support for the premises, with over a hundred supporters expressing their positive support.
Mr Rogers stated the premises was part of a new development and had been granted an A5 licence when the building was constructed. He said it was always anticipated that the premises would be used as a restaurant. He informed the Sub-Committee, that the Applicant Mr Declan Perkins was an experienced Designated Premises Supervisor (DPS) who ran four other premises licences. Mr Rogers referred members to page 16 of the supplemental agenda which detailed Mr Perkins experience.
Mr Rogers said the Police and the Licensing Authority had not objected to the licence and had agreed proposed conditions. Mr Rogers said he was puzzled as to why Environmental Health remained an Objector as a response had been sent to Ms Cadzow on the 23rd April 2021 agreeing to all the proposed conditions put forward by her.
Mr Rogers continued saying the hours had been amended further as per the Council’s Licensing Policy and were now compliant with the framework hours. Mr Rogers had drafted conditions and asked if he could circulate these to everyone present at the meeting. On taking advice from the legal officer, the Chair requested Mr Rogers to read out the new timings and proposed conditions, so it was clear to everyone both physically and virtually present what was being proposed. Upon doing so, Mr Rogers concluded his presentation.
The Sub-Committee then heard from Ms Nicola Cadzow, from Environmental Health who said she had sent an email to the Applicant on the 22nd April with a set of proposed conditions. She said she was unaware of the Applicant’s agreement to the proposed conditions and could not account for why communication had not been received. She said she lodged her objection on the basis that no communication from the Applicant had been received. Ms Cadzow said in light of the conditions put forward at the meeting, she was satisfied these addressed the licensing objective of public nuisance and was in agreement with them.
Ms Shamsu Bibi, an objector addressed the Sub-Committee saying her main concern related to the entrance and egress from the restaurant. She asked why the entrance faced Wyke Road and not the Fish Island marketing suite. She said there were many families, some with disabled children and elderly residents who would be disturbed by the noise. Ms Bibi was concerned the influence of alcohol would lead to anti-social behaviour, which would be seen by young children.
The Sub-Committee then heard from Mr Peter Mayhew, an agent who was representing ten of the objectors. Mr Mayhew was in physical attendance with two of those objectors, Mr Camrass and Mr Huddleston, whilst other objectors had joined the meeting virtually.
Mr Mayhew said the area was a residential area with approximately 580 residential addresses within four buildings surrounding the Square. He said it was evident noise from the restaurant would create a funnel effect, as it would bounce off the residential buildings. He said the objectors were not opposed to the whole application, but were unhappy with the hours applied and the proposed conditions. Mr Mayhew said whilst discussions had been held with the Applicant, changes made to the application were not communicated prior to the meeting.
Mr Mayhew said the proposed hours stated at the meeting were 11:00 p.m. weekdays and 11:30 p.m. weekends, however it was not clear if these timings referred to the sale of alcohol or were the opening hours of the premises. Mr Mayhew continued saying the proposed conditions put forward by the objectors in the supplementary agenda from page 19 onwards ought to be considered by the Sub-Committee, as it proposed a half an hour drinking up time before dispersal of patrons. Mr Mayhew said it was unclear if this applied here, as someone could in theory order a drink at 11:29 p.m. and would have to leave the premises at 11:30 p.m.
Mr Mayhew continued saying the Objectors would like an early closing time for Sunday of 10:30 p.m. and were concerned about other issues such as the off-sale of alcohol with patrons leaving the premises to drink in the Square. Mr Mayhew said some of these issues had been addressed by the proposed conditions. However, the conditions put forward in the supplementary bundle by the objectors would help reassure residents living in close proximity to the restaurant.
Furthermore, Mr Mayhew stated that residents living directly above the restaurant would experience noise nuisance, as the building is not air conditioned. He said windows were opened in the summer months and noise from patrons of the restaurant would disturb residents. In the interest of the prevention of public nuisance, consideration ought to be given to the concerns of the thirty objectors rather than the supporters whose representations stated that it would be nice for the unit to be occupied.
Mr Mayhew said the application had changed vastly at this meeting from the application originally submitted, and that there was an anomaly with the postcode as well as the plans at page 193 of the agenda. He said it was unclear where the seating area would cease to be. He said there was a red line delineating the licensable area. However, the plan showed seating continuing past this line. He said the smoking area had been mentioned in the proposed conditions read out, but again it was unclear where this would be located.
Mr Mayhew said the objectors had put forward conditions in relation to West Ham Stadium as inevitably there would be some impact on football days. He continued to say that a more definite condition was required in relation to the employment of SIA accredited staff on match days, rather than it saying that ‘suitable’ SIA staff will be employed.
The Sub-Committee then heard from Mr Freddie Camrass. He stated he lived directly above the premises and with the imminent arrival of a new-born baby, both his wife and he, were concerned about noise emanating from the restaurant. He said the quality of life for his family would be greatly affected by the premises, and he did not want to be dealing with noise issues after a long working day and caring for his child.
Mr Huddleston added both he and his wife worked from home, three days a week and would require the windows to be open for ventilation. He said they were concerned about the noise and the proposed scale of the seating area. Mr Huddleston said this would affect their quality of life.
In response to questions from members the following was noted:
- The Applicant was an experienced DPS and could manage the workload of looking after five different premises. A general manager with a personal Licence who is suitably qualified would be at the premises, at all times.
- The Applicant accepted the additional condition proposed by the Chair, that “there should be no off-sales of alcohol on match days.”
- The Applicant confirmed that for the most part, recorded music would be played in the background, but agreed to have ‘sound limiters’ fitted to the music system that were in accordance with the requirements of the Environmental Health Team’s standards.
- There were 16 units above the premise and an approximate road width between others that lived close by.
- The capacity of the premises was confirmed to be 500, with192 seats in the venue.
- The Applicant agreed to a reduction in the timings for the outdoor space, from 10:00 a.m. weekdays and 10:30 p.m. weekends to 09:00 p.m. and 09:30 p.m. respectively.
Concluding remarks were made by all 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:
1. The Prevention of Crime and Disorder;
2. Public Safety;
3. The Prevention of Public Nuisance; and
4. 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 heard oral representations at the meeting made by the Applicant’s Counsel and the Objectors’ representative who were physically present for the meeting. The Sub-Committee also heard from the objectors, some of whom were in physical attendance and some of whom were in virtual attendance at the meeting.
The Sub-Committee noted the application was for a new premises licence for a restaurant/delicatessen in a new development. The Sub-Committee noted the opening times and hours for the sale of alcohol had been reduced following consultation with the Responsible Authorities, and that the Applicant’s Counsel had mentioned further reduction to these timings at the meeting. The Sub-Committee noted the letters of support for the restaurant from a number of residents and the objections from other residents.
The Sub-Committee noted the concerns from residents living in close proximity to the restaurant about noise nuisance from patrons sitting outside the restaurant, as well as concerns relating to the entrance and exit points of the premises.
The Sub-Committee expressed concern regarding the off sale of alcohol on match days when West Ham United games were being played at the London Stadium, but were reassured when the Applicant accepted a condition prohibiting off sales of alcohol on match days. In relation to noise emanating from the outdoor terrace, the Applicant accepted that noise could disturb neighbours and agreed to the closing of the outdoor space at 21:00 hours Sunday – Thursday and 21:30 hours Friday and Saturday. The Sub-Committee were minded to reduce the number of tables in the outdoor area from 18 to 12, so as to ensure the number of patrons using the outdoor space would not disturb those living directly above the premises.
In relation to recorded and live music, the Applicant had amended the timings to the legal framework hours and therefore, as no licensable activity would be taking place after 23:00 hours a licence was not required for such music. However, the Applicant’s intention to have live music events, twice a month was rejected by the Sub-Committee, as they felt that to allow this as part of the operating schedule to the premises licence would undermine the licensing objective of the prevention of noise and public nuisance, given the proximity of local residents, especially those above the premises.
The Sub-Committee were satisfied that granting a premises licence with appropriate conditions and restrictions on timings would support the licensing objectives; such as prohibiting off sales of alcohol on match days, a reduction in the number of tables in the outside area.
Therefore, Members made a unanimous decision to grant the application with conditions.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a new Premises Licence for (Lofthouse Square Limited), Laterna Building, Fish Island Village, Wyke Road, London E3 3PL be GRANTED with conditions.
Opening Hours of the premises
Sunday to Thursday 10:00 hrs to 23:30 hours
Friday and Saturday 10:00 hrs to 00:00 hours (midnight)
Non-standard timings
New Year’s Eve from 10:00 hours to 02:30 hours (the following day)
The sale by retail of alcohol – On and off sales
Sunday to Thursday 10:00 hours to 23:00 hours
Friday and Saturday 10:00 hours to 23:30 hours
Non-standard timings
New Year’s Eve – 10:00 hours to 02:00 hours (the following day)
Late Night Refreshment Hours
Sunday to Thursday – no licence required as refreshments will not be served after 23:00 hours
Friday and Saturday until 23:30 hours
Non-standard timings
New Year’s Eve – until 02:00 hours (the following day)
Provision of Regulated Entertainment Hours (Recorded Music only – Live music was not granted)
Sunday to Thursday 10:00 hours to 23:00 hours
Friday and Saturday 10:00 hrs to 00:00 hours (midnight)
Non-standard timings
New Year’s Eve from 10:00 hours to 02:00 hours (the following day)
Conditions
- No noise generated on the premises, or by its associated plan or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a public nuisance.
- A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
- No loudspeakers will be located within 2 meters of the entrance doors or outside of the premises. They will be aimed low down and set in zones so that the sound will stay localised, and any music will not be audible outside or elsewhere in the building.
- No music will be played outside at any time.
- All windows and external doors shall be kept closed at all times including when regulated entertainment takes place, except for the immediate access and egress of persons.
- Notices shall be prominently displayed at all exits and in the smoking area requesting patrons to respect the needs of local residents and businesses, to keep noise to a minimum and to leave the area quietly and not to take any glasses or bottles for the premises.
- Patrons permitted to temporarily leave and then re-enter the premises (e.g. to smoke) shall be limited to 8 persons at any one time. 80% of outside seating will be no smoking.
- All patrons in the external area must be seated. The number of tables in the external area shall not exceed 12 tables.
- All external furniture shall be brought inside or locked out of use and all patrons dispersed from the outside area of the premises by 21:00 hours Sunday to Thursday and 21:30 hours on Friday and Saturday.
- A suitable area shall be set aside for smokers to prevent their smoke causing nuisance to nearby occupiers.
- Alcoholic drinks sold for consumption on the premises shall not be permitted to leave the premises (including the external area) at any time, including those leaving temporarily to smoke.
- Alcohol shall not be sold for the consumption off the premises after 22:30 on any day.
- No late-night refreshment shall be sold for consumption off the premises after 23:00 on any day. Late-night refreshment sold after 23:00 on any day may only be consumed inside the premises.
- On West Ham United match days at the London Stadium:
a) There will be a “no football colours” shirt policy in force;
b) Only biodegradable plastic cups will be in use;
c) No bottled beers will be served;
d) Appropriate Security Industry Authority (SIA) accredited staff will be on duty;
e) No off-sale of alcohol will be allowed on match days.
- There will be no disposal of refuse including glass bottles between 23:00 and 09:00, and no glass will be moved from one recycling receptable into another in any external area of the premises during these hours.
- Deliveries related to the licensed activities shall not take place between the hours of 21:00 and 07:00.
- The area immediately outside the premises will be regularly cleaned to ensure that any litter generated by the premises or its customers is removed.
- Telephone contact details of the Designated Premises Supervisor and the Duty Manager shall be provided to the residents upon request.
- 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 copies of recent CCTV images or data with the absolute minimum of delay when requested.
- Toilets sill be checked frequently by staff members who will be trained in licensee’s drugs awareness policies
- The premises shall actively participate in the local pub watch
- All exterior furniture shall be brought inside the premises or locked outside at 23:30 hrs daily.
- Patrons of the premises shall be encouraged, by signs within the premises visible at all exits points, to disperse from the area of the premises quietly and quickly.
- Staff shall also supervise persons leaving the premises after closing time and where necessary, request that persons leaving the premises do so in a orderly manner as quickly as possible.
- No disposal of refuse including glass bottles between 23:00 hrs and 09:00 hrs.
- Prominent signage shall be displayed on the premises requesting patrons to leave in a quiet and orderly fashion and prohibiting the removal of bottles and gasses from the premises
- Children under the age of 16 shall be accompanied by an adult
- Soft and non-alcoholic drinks shall be available
- 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.
- 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.
Supporting documents:
- WykeRd.LaternaBld, item 4.2 PDF 570 KB
- WykeRd.LaternaBld.A1-A30.RED, item 4.2 PDF 17 MB
- WykeRd.LaternaBld.A31-A50.RED, item 4.2 PDF 14 MB
- WykeRd.LaternaBld.A51-A80.RED, item 4.2 PDF 17 MB
- WykeRd.LaternaBld.A81-A110.RED, item 4.2 PDF 18 MB
- WykeRd.LaternaBld.A111-A145.RED, item 4.2 PDF 11 MB
- RE (Lofthouse Square) Ground Floor Laterna Building Fish Island Village Wyke Road London E3 3PL (HRG 28) -OBJECTORS, item 4.2 PDF 154 KB
- Winston Davis Email 13-05-2021, item 4.2 PDF 206 KB
- Lanterna - Community Communication, item 4.2 PDF 3 MB
- Premises Licence Proposed Times & Conditions - Lofthouse Square, item 4.2 PDF 236 KB