Agenda item
Licensing Act 2003 Application for New Premises Licence for Delicious Pho, 3-6 Steward Street, London, E1 6FQ
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 Delicious Pho, 3-6 Steward Street, London, E1 6FQ. It was noted that objections had been received on behalf of the Licensing Authority and Environmental Health.
At the request of the Chair, the Applicant’s Counsel, Mr Tom Day presented his submission. He referred members to page 29 of the supplementary agenda and said a written representation on behalf of the Applicant had been sent to the Clerk, to be included in the pack, but this was missing. The Chair asked Mr Day to read out that representation.
Mr Day said the Applicant was seeking to amend the hours applied for, in line with the framework hours, and no longer needed a licence for regulated entertainment, as only background music would be played at the restaurant. Mr Day said his client agreed to the conditions put forward by Ms Cadzow on page 473 of the agenda and wished to clarify that the off-sale of alcohol would only be for pre-ordered, click and collect food orders or deliveries via food partners such as Deliveroo, UberEats, and Just Eat.
Mr Day said the Applicant, Mr Kevin Huynh, was an experienced Designated Premises Supervisor (DPS) and had been in the restaurant business since 2005. Mr Day said Delicious Pho was a Canadian Brand, with branches worldwide and was a quality, reputable outlet. Mr Day said the premises was run previously by ‘Byron Burgers’ and the timings shown in the original application echoed those hours, although timings now sought had now been reduced in the amended application.
Mr Day argued that it was in everyone’s interest for the premises to be occupied, as an unoccupied unit means the Council had lost business rate revenue. He said no objections had been made by local residents, which was a significant factor. He said a previous application relating to the same premises had generated residents’ objections because of the nature of that business. Mr Day said that the Applicant’s restaurant was in stark contrast to that in the previous licensing application relating to the same premises. He said the Applicant’s restaurant would have 138 covers, with everyone seated at tables and alcohol served at tables. Mr Day argued that the potential net impact of the restaurant on the CIZ was zero, compared with the previous application. He said the restaurant would occupy the same footprint as in the previous licensing application relating to the same premises, but with limited hours and greater conditions to restrict any potential impact on the area. Mr Day said this was a food-led business. Vietnamese food is often sold with tea or a soft drink.
Mr Day acknowledged that it was for the Applicant to rebut the presumption against grant of licensing applications relating to premises in a CIZ, but this application gave rise to exceptional circumstances. He referred members to the examples of exceptional circumstances on pages 492- 493 of the agenda pack, and said that the second and third examples applied to the premises. He reiterated that the business was not alcohol led, and said that the previous premises licence had been surrendered; the restaurant would be occupying the same square meters as the previous business. Furthermore, the restaurant had taken the extra step of introducing its own impact policy and a dispersal policy to mitigate against additional impact in the CIZ.
The Sub-Committee then heard from Ms Cadzow, who said her objection was primarily due to insufficient information being provided in the original application. She said she noted the proposed conditions put forward by her, in her representation at page 473, had been accepted by the Applicant. She said it was essential to reduce noise nuisance to local residents, who would be disturbed at time sensitive hours. Ms Cadzow said she welcomed the condition put forward in relation to the off-sale of alcohol being limited to the click and collect service.
Ms Corinne Holland, representing the Licensing Authority stated her representation was on pages 467 to 471 of the agenda. She said the concern remained that the premises was in the CIZ and said the exceptional circumstances referred to by Mr Day did not apply in this instance. Ms Holland said the premises would have more than 50 covers, and therefore could not be considered as small premises for the purposes of applying possible exceptional circumstances in relation to the presumption against grant of licensing applications relating to premises in a CIZ. She informed the Sub-Committee that the previous premises licence referred to had lapsed three-years earlier, and therefore the application before the Sub-Committee was an application for a new licence altogether, as opposed to a premises licence in place of a recently surrendered licence.
Ms Holland said the condition offered regarding off-sales were acceptable to her, but questioned the Applicant’s ability to control the proposed smoking area, which was not adjacent to the premises. She referred members to the supplemental agenda, page 38, and said sending smokers across to a public square could potentially create another noise issue. Ms Holland said if the Sub-Committee were minded to grant the application, then there should be a half hour drinking up time.
In response to questions from members the following was noted:
- Smokers would need to check ‘in and out’ with reception staff before proceeding to the public park to smoke. The park is within sight of the restaurant and is situated in a non-residential area. A maximum of 5 smokers will be allowed at any one time, with staff trained on monitoring numbers. Smokers will not be allowed out, the last half an hour before closing.
- The Chair expressed a view that this was a completely new application in relation to the premises, not a swap for the previous premises licence relating to the same premises, as the previous premises licence had expired three years ago. Mr Day concurred it was a new application, but continued to make the point the premises fell within the category of being an exceptional circumstance, saying the rejected application referred to earlier, was a very different type of application to the one presented.
- Mr Day cited from Lord Justice Scott Baker’s ruling in relation to a Westminster City Council case, “It should be highlighted that the kind of circumstances that might be regarded as exceptional would be where the underlying policy of restricting any further growth would not be impaired. An example might be where premises in one place would replace those in another.” Mr Day said the proposed restaurant would be replacing a restaurant that had existed previously.
- There will be a separate point for click and collect customers/ delivery drivers. The door will not be kept open and staff will ensure vehicles are not idling.
- The restaurant will ensure the dispersal policy was applied thirty minutes before closing time, with music and lights being softened and patrons being asked to leave quietly.
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, who was in physical attendance at the meeting with the Applicant. The Sub-Committee heard from the Responsible Authorities who were objecting to the application and were in virtual attendance.
The Sub-Committee noted the Applicant was seeking a new premises license for a Vietnamese restaurant with the supply of alcohol for on and off sales, regulated entertainment, and late-night refreshments. The Sub-Committee also noted the premises is in the Brick Lane Cumulative Impact Zone (CIZ). The cumulative impact policy creates a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons objecting to the application, the application will be refused.
The Sub-Committee noted that, under the Council’s Statement of Licensing Policy, the Applicant can rebut the above presumption, if it can demonstrate exceptional circumstances and that the granting of the application would not add to the cumulative issues already experienced within the CIZ.
The Sub-Committee noted the representations made by the Responsible Authorities, in particular Environmental Health relating to the licensing objective of public nuisance, namely with regard to the prevention of noise nuisance in relation to local residents. The Sub-Committee noted the representation of the Licensing Authority that there was no exceptional circumstance regarding the capacity of the premises, so as to rebut the presumption against granting the application, as the premises’ capacity exceeded fifty persons, with reference to the examples of what might constitute exceptional circumstances in the Council’s Statement of Licensing Policy.
However, the Sub-Committee also noted the Applicant’s Counsel’s representation that the impact of the premises licence if granted would not add to the cumulative impact and would be mitigated through the proposed conditions on the licence as well as the restaurant’s own cumulative impact and dispersal policies. The Sub-Committee accepted the Applicant’s Counsel saying that the business was not alcohol led and would be operating within the framework hours.
The Sub-Committee was therefore satisfied that this business being food led, with an operating schedule including all of the conditions set out below would not add to the cumulative impact in the area. and the Sub-Committee took into account the Applicant’s amendments to the application set out in the Sub-Committee meeting, including scaling back the hours for the off sale of alcohol within the framework hours.
The Sub-Committee was satisfied that the licensing objectives would be upheld, and that the conditions imposed would effectively mitigate the risk of public nuisance and address any concerns raised by the Responsible Authorities.
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 Chau-Uk, Delicious Pho, 3 -6 Steward Street, London E1 6FQ be GRANTED with conditions.
Opening Hours of the premises
Monday to Thursday, until 23:30 hours;
Friday and Saturday, until 00:00 hours (midnight)
Sunday, until 22:30 hours
The sale by retail of alcohol – On and off sales
Monday to Thursday 10:00 hours to 23:00 hours
Friday and Saturday 10:00 hours to 23:30 hours
Sunday, until 22:00 hours
Late Night Refreshment Hours (Indoors)
Monday to Thursday (no late-night refreshments)
Friday and Saturday until 23:00 hours to 00:00 midnight
Sunday (no late-night refreshments)
Provision of Regulated Entertainment – Recorded music (Indoors only)
Monday to Thursday 10:00 hours to 23:00 hours
Friday and Saturday 10:00 hours to 00:00 (midnight)
Sunday, until 22:00 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 an authorised officer throughout the entire 31day 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 an authorised council officer with copies of recent CCTV images or data with the absolute minimum of delay when requested.
- 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) any faults in the CCTV system, searching equipment or scanning equipment;
f) any refusal of the sale of alcohol;
g) any visit by a relevant authority or emergency service.
- 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.
- Staff will be trained to operate an age verification policy on the premises and apply the Challenge 25 scheme.
- All sales of alcohol for consumption off the premises shall be in sealed containers only.
- 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.
- There will be a minimum of 12 staff including kitchen staff on duty at all times increasing in busy periods. Staff will be trained to deal with and recognise aggressive or suspicious behaviours, And there will be an incident log in operation to record crime and disorder incidents.
- Staff will escort customers to their tables.
- The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
- There shall be no touting for business nor engaging individuals to tout for business for the restaurant.
- We will only buy from UK wholesalers that have been approved by HMRC under the Alcohol Wholesaler Registration Scheme.
- No outside area will be provided for the consumption of off sales meals or alcohol.
- Noise levels will be limited to recorded background music only.
- Staff will supervise patrons leaving after 11:00 p.m. each day to avoid possible disturbance to local residents.
- The restaurant will only operate in standard hours and will display notices at the exit requesting patrons to leave premises and area quietly.
- We will ensure that no nuisance will be caused by smells emanating from the premises.
- Waste will be placed in a dedicated bin store which is kept locked, and collection will be between the hours of midnight and 5:00 AM.
- Loudspeakers shall not be located in the entrance lobby or outside the premise building.
- All windows and external doors shall be kept closed when regulated entertainment takes place, except for the immediate access & egress of persons.
- Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.
- 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.
- There shall be no vertical drinking.
- Off sales of alcohol will only be made in conjunction with a pre-ordered food order.
Supporting documents:
- StewardSt3-6, item 4.3 PDF 343 KB
- StewardSt3-6Appendix.RED, item 4.3 PDF 6 MB
- RE Notification Letter - Chau-UK Delicious Pho 3-6 Steward Street London E1 6FQ (HRG - 28) (CHA4991), item 4.3 PDF 171 KB
- URGENT Chau-UK Delicious Pho 3-6 Steward Street London E1 6FQ - Sub-Committee hearing 2821 @ 6.30pm (CHA4991), item 4.3 PDF 126 KB
- CHA499.1 Email to C Holland 4.6.21, item 4.3 PDF 453 KB
- CHA499.1 Email to N Cadzow 4.6.21, item 4.3 PDF 426 KB