At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for Nilly’s Café, 16 Bell Lane, London E1 7LA. It was noted that objections had been received by residents and by the Environmental Health Officer.

At the request of the Chair, Ms Fezal Yurdakul, representing the Applicant, explained that the premises was a small coffee shop selling sandwiches, English breakfasts etc and now wanted to introduce the sale of alcohol as an  addition to a table meal. It was noted that alcohol would be served to customers seated at a table by a waiter and waitress service. She also explained that the off sales element of the application was to enable alcohol to be served at the tables in the outside area. 

Ms Yurdakul further explained that the applicant was aware of the cumulative impact zone and the noise and anti-social behaviour in the area, and wanted to work with the community to help reduce this. With the conditions proposed, the applicant believed that the premises would not add to the cumulative impact upon the area. It was explained that staff would receive regular training, and training documents would be signed, kept and made available on request. Notices would be displayed around the premises asking customers to leave quietly, and would have the manager’s contact details available. Management would ensure that no customers congregate outside the premises, and would maintain an incident log, as well as operate a Challenge 25 policy. Together with the applicant’s experience and proposed conditions, it was believed that the premises could be managed without adding to the cumulative impact upon the area.

Members then heard from Ms Nicola Cadzow, Environmental Health Officer. She referred to her statement on page 233 of the agenda and stated that the premises was in the cumulative impact zone. She was aware that the premises would operate within the Council’s framework hours, but raised concerns about the impact upon the area of customers accessing and egressing. She also believed that there would be a great likelihood of disturbance to residential premises during the hours sought, and there was insufficient information in the operating schedule as to how the applicant proposed preventing public nuisance.

In response to questions from Members the following was noted;

-       The capacity for the premises was 34 people.

-       The premises were not alcohol led, but a coffee shop.

-       The applicant withdrew off sales from the application at this meeting, as he only wanted to sell alcohol to customers seated at the premises and those on the two tables outside the premises. It was confirmed by the Licensing Officer that the tables were included in the plans, and therefore those tables would be covered by a licence permitting on sales of alcohol.

-       The applicant was willing to have a condition for alcohol to be sold ancillary to a meal.

-       That there would be no vertical drinking.

-       The applicant would ensure notices were displayed asking customers to leave quietly, to help reduce noise nuisance. 

Concluding remarks were made by both 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 representation at the meeting by the Applicant and his Licensing Agent and from the Environmental Health Officer objecting to the application. As the resident objectors were not present at the meeting, their written objection was noted and considered by The Sub-Committee.

The Sub-Committee noted that the Applicant was seeking a new premises licence for the sale of alcohol and during the course of the meeting it was noted that they only required on sales of alcohol and did not require off sales of alcohol. 

The Sub-Committee noted the concerns of objectors, whose primary concerns were that the additional licensed premises in the Brick Lane Cumulative Impact Zone would likely lead to noise nuisance arising from customers frequenting the premises during the late hours.

The Sub-Committee noted the representations from Environmental Health regarding the impact of the premises in the Brick Lane Cumulative Impact Zone (CIZ) and in particular, the concerns relating to an additional set of licensed premises in a CIZ. However, the Sub-Committee also noted the applicant’s representation that the impact of the premises licence if granted, would be mitigated by the proposed conditions put forward by the applicant and those accepted by the applicant at the meeting, such as not allowing vertical drinking, and alcohol only to be served ancillary to a substantial table meal. It was also noted from the representations made on behalf of the Applicant that the premises was a relatively small, coffee shop wanting to sell wine with a meal, so from that evidence not alcohol led, with hours well within the framework hours.

The Sub-Committee was therefore satisfied that there would be no addition to the cumulative impact in the area. It was also noted that the application had been amended, and off sales were removed, with an additional condition to restrict the timing for the use of the outdoor seating area to an earlier time of 20:00 hours, as well as imposing conditions to prevent the premises from turning into a bar, which would alleviate concerns about noise nuisance. 

The Sub-Committee was satisfied that the licensing objectives would be upheld, and that the conditions imposed in relation to a non-alcohol led business would effectively mitigate the risk of public nuisance and help alleviate any concerns raised by the Responsible Authority and residents.

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 Nilly’s Café, 16 Bell Lane, London E1 7LA be GRANTED with conditions.    

Sale of Alcohol (On Sales only)

Monday to Saturday from 08:00 hours to 22:00 hours

Sunday from 10:00 hours to 22:00 hours

Opening Hours

Monday to Saturday from 08:00 hours to 22:00 hours

Sunday from 10:00 hours to 22:00 hours

Conditions

1. 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.

2. 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.

3. 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.

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;

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.    Loudspeakers shall not be located in the entrance lobby or outside the premises building.

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.

7. 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.

8. The outdoor dining area shall close at 20:00 hours each day and the tables and chairs will be rendered out of use.

9. Alcohol shall only be served ancillary to a substantial table meal.

10. No vertical drinking on the premises shall be permitted.

11. No more than two smokers shall be allowed to smoke outside the premises at any one time.

12. 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.

13. 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.

14. The DPS will ensure all staff are trained with regard to their responsibilities in the sale of alcohol. Regular refresher training will be undertaken. Training records will be kept at the premises.