Agenda item
Application for a New Premises Licence for EMS Ltd 149 Commercial Street, London E1 6BJ
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for EMS, 149 Commercial Street, London E1 6BJ. It was noted that objections had been received by responsible authorities representing the Licensing Authority and Environmental Health and local residents. It was noted that following consultation with residents a number of them had withdrawn their objections. It was also noted the hours originally applied for had been reduced and further conditions offered.
At the request of the Chair, Mr Alun Thomas, Legal Representative on behalf of the Applicant, gave a brief background of the Applicants, the company and its style of operation. He explained that it was a bespoke application and that licensable activities had been revised and on sales would only be for tasting sessions and off sales alcohol would only be sold in sealed containers. Mr Thomas said that when the nature of the business and its style of operation was explained to the objectors, more than half of them withdrew their objections. Mr Thomas went on to explain that the premises specialised in premium gins, wines and ciders and spirits, and brands that are not sold on the high street.
Mr Ian Hart, Applicant, briefly explained how wines and gins were produced, and his experiences to date. He also explained that it was a family business with 10 employees. There would be a pre-booking policy only and would operate the Challenge 25 policy. Mr Thomas highlighted that the premises had a capacity of 40 people and believed that it ought to be considered as an exception to Cumulative Impact Policy (CIZ).
Members then heard from Ms Corinne Holland, Licensing Officer. She explained that the premises was in the CIZ and therefore the onus was on the applicants to show that they would not negatively impact on the area.
Ms Nicola Cadzow, Environmental Health Officer, referred to her representation on page 70 of the agenda and explained that the original application had insufficient information in the operating schedule to show how the premises would not negatively impact on the area and how the applicant would promote the licensing objectives. Ms Cadzow did acknowledge the reduction in hours and the conditions proposed.
It was noted that the remaining objectors were not present for the meeting therefore their written objections were considered and noted.
In response to questions the following was noted;
- That this premises was not like any other premises and was selling premium alcohol. These would be purchases for special occasions and gifts rather than street drinking or used to fuel alcohol related crime and disorder or public nuisance.
- That there would be 2-3 tasting sessions a week where drinks would be consumed on the premises.
- Drinks would be served at tables during tasting sessions.
- That off sales would be for drinks that would be taken away from the premises as gifts or to take home for meals or special occasions.
- The applicant agreed to add a condition, if members were minded to grant the application, to limit the sale of alcohol to premium gins and wines, ciders and spirits only.
- That the capacity of the premises could be reduced to 30 people.
- That noise nuisance would be kept to a minimum as the Applicants know the area well and staff will have been trained to deal with any issues sensitively.
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
The application originally sought authorisation for the sale by retail of alcohol from 10:00 hours to 23:00 hours Monday to Sunday and encompassed both on and off-sales. The Premises are located within the Brick Lane Cumulative Impact Zone (CIZ). Representations against the application were received from the Licensing Authority and the Environmental Health Service based on the potential impact upon the CIZ, particularly with regard to public nuisance later at night. A number of local residents also made representations against the application.
The Sub-Committee heard from Alun Thomas on behalf of the Applicant, as well as from Ian Hart and Hilary Jones, the directors of the company, and Siobhan Freely, the proposed designated premises supervisor. The Sub-Committee heard that there had been some confusion over the nature of the Premises, with some member of the public having understood it to be a gentleman’s club. Clarification had been provided to those objectors by the applicant. In addition, the opening hours had been amended to 09:00 hours to 21:00 hours, the hours for sale by retail of alcohol had been amended to 09:00 hours to 20:00 hours for on-sales, with off-sales ceasing at 20:30 hours. A number of conditions had been proposed and the result of these amendments was that some of the residents had withdrawn their objections.
The representatives on behalf of the applicant explained the nature of the Premises, which was predominantly a gin shop although some other items would be sold. It would not and could not become a pub, not least because one of the conditions permitted on-sales only to persons attending a pre-booked demonstration or tasting. Much of what was sold for consumption off the Premises was in the form of gift boxes. Further, the items sold were not inexpensive (prices ranging from around £30.00 to £90.00) and were not the sort of product one would purchase for immediate consumption. They did not tend to sell products that could be found on supermarket shelves. The Sub-Committee was told that tastings and demonstrations would not be held particularly often; two or three sessions per week with eight in a party for a tasting session was usual and they would not expect to have forty at any one time. The applicant was willing to reduce that if the Sub-Committee considered that to be necessary and indicated that a maximum of thirty patrons would suffice.
Ms Holland, on behalf of the Licensing Authority, and Ms. Cadzow, on behalf of the Environmental Health Service, maintained their objections. They noted the reduction in hours and the additional conditions but reminded the Sub-Committee that the CIZ had been put in place to deal with the problems caused by the proliferation of licensed premises within a relatively small area.
None of the residential objectors attended to address their representations. The Sub-Committee had nonetheless read these and taken them into account when making its decision. Several of those referred to the application as originally proposed, including the operation to 23:00 hours, and the reduction in hours and other conditions proposed addressed those concerns.
The main concern of the responsible authorities and the Sub-Committee was the potential impact on the CIZ, particularly later at night, when patrons might attend the Premises, purchase alcohol and then drink that on the street, which would inevitably impact on the CIZ. During the course of the hearing further conditions and amendments to the proposed conditions, to address this problem and help to alleviate the Sub-Committee’s concerns, were explored. These included:
- an amendment to condition 9 in the supplemental pack so that it applied to the emptying of bottle banks and bins rather than general waste;
- a restriction in the numbers of patrons on site to thirty at any one time;
- a restriction in the types of alcohol that could be sold.
The Sub-Committee considered that, in light of the amendments to the application and the proposed conditions, as well as those additional and discussed at the hearing, and given the nature of the Premises, that the applicant ought to be treated as justifying an exception to the policy. In addition, the Premises were small, the emphasis was not on the venue being a drinking establishment, and the hours sought were within the Council’s policy hours. The Sub-Committee also noted that some of those objecting who had withdrawn their objections had also indicated some support for the Premises. The Sub-Committee was satisfied that the grant of the licence would not adversely impact on the CIZ.
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 EMS Ltd, 149 Commercial Street, London E1 6BJ be GRANTED with conditions.
Sale of Alcohol (On Sales)
Monday to Sunday from 09:00 hours to 20:00 hours
Sale of Alcohol (Off Sales)
Monday to Sunday from 09:00 hours to 20:30 hours
Hours open to the public
Monday to Sunday from 09:00 hours to 21:00 hours
Conditions
1. The sale of alcohol shall be ancillary to the retail use of the premises as a Sacred Gin Shop
2. 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.
3. 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.
4. 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;
a. b) all ejections of patrons;
b. c) any complaints received concerning crime and disorder
c. d) any incidents of disorder;
d. e) all seizures of drugs or offensive weapons;
e. f) any faults in the CCTV system,
f. g) any visit by a relevant authority or emergency service.
5. Alcohol shall only be sold for consumption on the premises to persons attending a pre-booked demonstration or tasting.
6. The supply and consumption of alcohol on the premises shall only be to a person seated by waiter or waitress service only.
7. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
8. Deliveries to the premises shall only take place between 08:00 and 20:00 Monday to Sunday.
9. Bottle bins or banks shall only be emptied between 08:00 hours and 21:00 hours Monday to Saturday and between 09:00 hours and 21:00 hours on Sundays.
10. Notices shall be prominently displayed at all exists requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
11.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.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.
13.No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a nuisance.
14. The number of persons accommodated on the premises at any time excluding staff shall not exceed 30.
15. There shall be no licensable activity in the rear courtyard.
16. No beers or lagers are to be sold or supplied.
17. Alcohol products shall be limited to premium spirits, champagnes, wines and craft ciders.
Supporting documents:
- EMS Ltd cover report, item 3.1 PDF 350 KB
- EMS Ltd Appendices Only, item 3.1 PDF 8 MB
- Supporting Doc 1 - EMS.docx, item 3.1 PDF 128 KB
- Supporting Doc 2 - EMS.docx, item 3.1 PDF 110 KB
- Supporting Doc 3- EMS, item 3.1 PDF 457 KB