Agenda item
Application for a New Premises Licence for JL Coffee Ltd 178a Brick Lane London E1 6SA
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 JL Coffee Ltd, 178a Brick Lane, London E1 6SA. It was noted that objections had been received on behalf of officers representing the Licensing Authority and Environmental Health.
At the request of the Chair Mr Jesse Liston, Applicant, briefly explained that he was aware of the CIZ and the need for such a policy in the area to help protect resident. He explained that the hours applied for were within the Council’s framework hours, that it was a coffee shop and there was no provisions for on-sales at the premises. He said he wanted a licence to be able to showcase craft beers and ciders from independent businesses. Mr Liston said that he would operate a Challenge 25 policy and all alcoholic drinks would be stored safely and securely behind the serving area. He strongly believed that this was a real opportunity to showcase products from small businesses, particularly local ones, and welcomed conditions from responsible authorities.
Members then heard Ms Corinne Holland, Licensing Officer. She explained that the premises was in the CIZ, an area which was already saturated. She did note that it was a small premises and that the hours applied for were within the council’s framework hours and an initiative in supporting independent businesses. However, Ms Holland highlighted that there was no mention of CIZ being addressed in the application. She also said that a 11pm closing time could lead to street drinking and the Applicant needed to demonstrate that an additional premises selling alcohol would not negatively impact on the area.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer, who explained that there was insufficient information in the operating schedule. She explained that whilst the application is for earlier hours than the council’s framework hours, there was insufficient information in the operating schedule to explain how the applicant would promote the four licensing objectives. She also explained that there was no consideration of the impact on public nuisance from people accessing and egressing the premises and people loitering outside whilst the premises is in operation especially when the premises is in the CIZ.
In response to questions the following was noted;
- That notices would be displayed asking customers to leave quietly and to respect the needs of local residents.
- Staff would be trained regularly for the responsible sale of alcohol.
- That the premises would help showcase products for independent businesses rather than to predominantly sell alcohol.
- That there would be no consumption of alcohol on the premises.
- The premises had a capacity of 4-5 persons at any one time
- It was a small coffee shop and not expecting big rowdy groups of customers.
- The premises have the right to refuse sales if persons were intoxicated or causing anti-social behaviour.
- That the applicant had no plans to offer seating inside the premises.
- That the applicant was happy to agree to conditions relating to online deliveries.
- The applicant agreed to have off-sales to persons attending the premises until 8pm and then delivery only until 11pm.
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 sought authorisation for the sale by retail of alcohol from 11:00 hours to 23:00 hours Monday to Sunday. 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.
The Sub-Committee heard from Jesse Liston, the director of the company, who explained his intention. He told the Sub-Committee that he did not want to add to the problems within the CIZ and that the focus of the premises would be on coffee, which was their speciality. The intention was to be able to sell small quantities of locally produced craft beers and which would assist other local businesses to showcase their products. There was no intention for the Premises to become alcohol-led.
Mr. Liston explained that the Premises were very small and could only accommodate four or five people comfortably. There was no seating indoors and so the Premises could only operate as a takeaway.
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. Mr. Liston confirmed that he would be willing to accept a condition that meant alcohol sales would be by delivery after a particular time. This was explored with the officers representing the responsible authorities. They confirmed that this would go some way to allaying their concerns about the impact that there might otherwise be on the CIZ. Ms. Holland, on behalf of the Licensing Authority, suggested that if the Sub-Committee was minded to restrict alcohol sales to delivery-only after a certain time, there would need to be appropriate conditions allied to that, such as age-verification policies and a prohibition on delivery to public spaces. These conditions were summarised for Mr. Liston’s benefit and he indicated that he was content to accept those if the Sub-Committee was so minded. Ms. Cadzow indicated that she would also wish for a condition on the licence for notices to be displayed reminding patrons of the need to respect local residents and to leave the Premises quietly.
The Sub-Committee considered that this was a modest application. The onus was on the applicant to show that the grant would not negatively impact on the CIZ. The Sub-Committee was satisfied, having heard from the applicant, that the application, with the amendments and conditions discussed, justified an exception to the policy. In particular, the Premises were very small, with no indoor seating; they would not be predominantly selling alcohol; the hours sought were within the Council’s policy hours; the conditions consistent with the operating schedule and the agreement to the conditions discussed at the hearing satisfied the Sub-Committee that there would be no adverse 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 JL Coffee Ltd, 178a Brick Lane London E1 6SA be GRANTED with conditions.
Sale of Alcohol (Off Sales only)
Monday to Sunday from 11:00 hours to 20:00 hours
Sale of Alcohol (online delivery only)
Monday to Sunday from 11:00 hours to 23:00 hours
Hours open to the public
Monday to Sunday from 06:00 hours to 23:00 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 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 with copies of recent CCTV images or data with the absolute minimum of delay when requested.
- When the designated premises supervisor is not on the premises, any or all persons authorised to sell alcohol will be authorised by the designated premises supervisor in writing. This shall be available on request by the Police or any authorised officer.
- 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.
5. All sales of alcohol shall be in sealed containers only, and shall not be consumed on the premises.
6. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- 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 of all staff training in the Challenge 25 policy, including dates that each member of staff is trained and retained for no less than 12 months, shall be maintained and made available within one hour on request by a Police officer or an authorised officer of the Licensing Authority.
Online delivery
9. From 20:00 hours Monday to Sunday all sales of alcohol shall be by way of a delivery service only. Alcohol will not be sold to customers attending the premises in person.
10.A standard age verification check shall be undertaken on entering the website. A name and signature at the point of delivery must be obtained. No delivery shall be left without a name and signature. Every third party courier delivery box shall be labelled with the words “Age Restricted Product”.
11.Alcohol shall only be delivered to a residential or business address and not to a public place.
- All off sales to be in sealed containers.
13.A warning shall be displayed on the digital platform on which an order is placed informing customers that they must be aged 18 or over to make a purchase of alcohol and notifying customers that the rider will carry out age verification on delivery. The customer will be required to declare that he or she aged 18 or over. If the rider is not satisfied that the customer is aged 18 or over any alcohol in the order will be withheld
- The Licence holder shall notify the Licensing Authority of the digital platform(s) used for the sales of alcohol and any changes to those platforms.
Supporting documents: