Agenda item
Application for a New Premises Licence for Pure La Cucina 96 Brick Lane E1 6RL
Minutes:
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Pure La Cucina, 96 Brick Lane, London E1 6RL. It was noted that objections had been received by residents and by the Environmental Health Officer.
At the request of the Chair, Mr Mahbub Hussain, representing the Applicant, explained that the premises was a small restaurant and wanted to extend the hours for late night refreshments between the hours of 11.30pm to 3.00am for online deliveries only. He was aware of the cumulative impact zone (CIZ) and believed that the variation would not negatively impact on the area. He said that delivery drivers can be held accountable; they would not loiter but would just pick up and take the food. He did not envisage an influx of riders. Mr Hussain said they did not want to extend the sale of alcohol and did not sell alcohol despite having a premises licence. It was noted that CCTV cameras were in operation and recordings would be kept for 31 days, there was suitable signage in place, there was a no touting policy in operation and there had been no complaints made against the premises.
Members then heard from Ms Nicola Cadzow, Environmental Health Officer, she referred to her statement on page 171 of the agenda and stated that the premises was in the CIZ, she was aware that the premises would operate delivery only for the hours applied for but concerns were raised about delivery vehicles and the impact this had on the area and that there was nothing in the application to show how the premises would not negatively impact on the area. She also believed that there would be a great likelihood of disturbance to residential premises at the noise sensitive hours sought and there was insufficient information in the operating schedule to promote the licensing objectives for the prevention of public nuisance.
It was noted that the resident objectors were not present at the meeting therefore Members noted and considered the written objections contained in the agenda.
In response to questions the following was noted;
- That the applicant was happy to accept a condition to restrict members of the public from frequenting the premises after 11.30pm to dine in or collect food etc.
- He was also happy to accept a condition to have an SIA door staff to manage delivery drivers for the additional hours sought.
- SIA staff will have been trained to manage delivery drivers as well as managing customers causing any disturbance.
- That the applicant lived in the area and did not want to cause any disturbance to residents.
- There was no regulated entertainment and no sale of alcohol at the premises.
- There would be no idling of delivery vehicles.
- The premises sold pizzas and gourmet burgers.
- There would be no sale or delivery of alcohol.
- That there have been no complaints about the premises.
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
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 heard oral representations at the meeting in person and virtually made by the Applicant, and the officer representing Environmental Health objecting to the application. It was noted that the resident objectors were not present at the meeting however their written objections were noted and considered by the Sub-Committee.
The Sub-Committee considered an application by Salah Uddin Kader Rubel to vary the premises licence held in respect of La Cucina, 96 Brick Lane, London, E1 6RL (“the Premises”). The current licence authorises the sale by retail of alcohol from 12:00 hours to 23:30 hours Monday to Saturday and from 12:00 hours to 23:00 hours on Sunday and the provision of late night refreshment to 23:30 hours Monday to Saturday.
The variation sought to extend the terminal hour for the provision of late night refreshment to 03:00 hours seven days per week and to vary condition 3 of Annex 2 accordingly, which currently prohibits collection or deliveries between 23:00 hours and 07:00 hours. The proposed variation would not alter the hours permitted for the sale of alcohol.
Objections against the variation were received from Nicola Cadzow on behalf of the Environmental Health Service and from Mr. and Mrs. Critchley who objected in their own right and on behalf of SPIRE.
The Sub-Committee heard from Mr. Mahbub Hussain, the manager of the Premises. He explained briefly the nature of the variation and told the Sub-Committee that although the Premises were authorised for the sale of alcohol, they did not in fact sell alcohol. If the variation were granted only delivery riders would be permitted entry from 23:30. Delivery drivers would be employed via other platforms so there was an element of control and accountability. He told the Sub-Committee that there was never an influx of riders.
Ms. Cadzow’ s concern related to the possibility of nuisance from delivery drivers, particularly in the later hours and if engines were left idling. She also suggested that there would be noise breakout from the premises as drivers entered or left. Mr. Mahbub confirmed that the Premises was amenable to providing SIA staff if the variation were granted and he told the Sub-Committee that most drivers tended to be on bicycles. He accepted that the Premises were in the CIZ but that the problems associated with the CIZ tended to be alcohol-related, such as noise from intoxicated persons and public urination. He was not aware of any complaints about the Premises. Mr. Mahbub suggested that there was no likelihood of noise nuisance as people came and left.
Ms. Cadzow suggested that if the variation were to be granted the Sub-Committee could consider imposing conditions in relation to signage and to prevent the idling of vehicles attending the Premises.
Mr. and Mrs. Critchley did not attend but their representation was considered by the Sub-Committee. Their concerns related particularly to the possibility of public nuisance caused by the drivers and that food and alcohol being delivered late at night would be to noisy parties.
The Sub-Committee noted that the applicant had proposed a number of changes to the operating schedule if the variation were to be granted, which demonstrated a clear awareness of the CIZ and the need for there to be additional conditions. There had been no complaints about the operation of the Premises thus far. The fact that the Premises did not seek to extend the permitted hours for the sale of alcohol and, indeed, did not sell alcohol at all also indicated that there was not likely to be any negative impact.
The Sub-Committee would have had greater concerns if the Premises had sought to remain open to the public until 03:00 hours, since that had the potential to add to the problems in the CIZ. Combined with the proposal to have SIA staff the Sub-Committee was satisfied that the Premises had demonstrated that it would not adversely impact on the CIZ and that the application could be granted as an exception to the policy.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of the Premises Licence for Pure La Cucina, 96 Brick Lane, London E1 6RL be GRANTED with conditions.
Late Night Refreshments
Monday – Sunday from 23:00 hours to 03:00 hours
Opening hours of the premises
Monday – Sunday from 12:00 hours to 03:00 hours
Amend Condition 3 of annex 2
There shall be no collection or deliveries between 03:00 hours and 07:00 hours
Additional 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.
- There shall be signs displayed in the customer area to advise that CCTV is in operation.
- 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 visit by a relevant authority or emergency service.
- The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.
- There must also be someone on the premises who can download the images and present them immediately on request by a police or other regulatory authority.
- The premises licence holder or the DPS or any person who controls the premises or any persons concerned in the management of the premises shall not cause or permit a person to solicit for custom for the premises in any street or public place.
- Clear signage to be placed in the restaurant windows stating that the premises support the Council’s No Touting Policy.
- Alcohol sold on the premises in open containers shall only be consumed on the premises
- In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that, the police (and, where appropriate, the London Ambulance Service) are called without delay
- The premises licence holder shall provide training for all staff to ensure that they are familiar with all means of ingress and egress and the appropriate procedures in case of any emergencies that require an immediate evacuation of the premises. A record of training shall be maintained and shall be available upon request an authorised officer of the Licensing Authority or the Police.
- Waste materials shall not be placed in the external bins between 23:00 hours and 07:00 hours the following day.
- There shall be no collection or deliveries between 03:00 hours and 07:00 hours
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
- Noise from plant and equipment noise from ventilation, refrigeration or air conditioning plant or equipment shall not cause nuisance to the occupants of any properties in the vicinity.
- During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
- 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.
- After 23:00 hours children under the age of 12 will be required to be accompanied by an adult.
- The premises licence holder, DPS and any person involved in the management or control of the premises shall ensure that delivery drivers do not leave vehicles idling outside the premises whilst licensable activity is taking place.
- Members of the public shall not be permitted to enter the premises after 23:30 hours.
- The provision of late night refreshment from 23:30 hours shall be by delivery only.
- From 23:30 hours the premises licence holder will ensure that at least one SIA-registered door supervisor is present at the premises whilst licensable activity is taking place.
Supporting documents: