Agenda item
Application for a New Premise Licence for Katsute, 147 Brick Lane, London, E1 6SB
Minutes:
At the request of the Chair, Ms Corrine Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Katsute, 147 Brick Lane, London E1 6SB. It was noted that objections had been made by the Licensing Authority.
At the request of the Chair, Mr Niall McCann, Legal Representative on behalf of the Applicant, stated that they wished to formally reduce the hours for sale of alcohol so as to start from 11:00 hours. He then gave a brief history of the Applicant, his businesses and his experiences to date and highlighted that there have not been any complaints from residents or responsible authorities at his other licensed premises.
It was noted that the applicant was personally seeing to the works at the premises and had put a lot of time and effort in trying to create a distinctly Japanese atmosphere, which could be seen in the photographs in the supporting documents. It was noted that the premises would have on offer authentic Japanese tea, homemade cakes and other snacks and, if granted, Japanese alcoholic products for consumption on and off the premises. He explained that a typical customer would come in, they would have a glass of Japanese whisky or sake and if they liked it then they would a buy bottle to take it away as present or for special occasions. McCann said that they found the customers who frequented the premises tended to be Japanese nationals or friends of Japanese nationals and where they do consume alcohol, it was in very limited amounts. They believed it to be important to be able to offer the facility whereby people can taste the alcohol for taking it away because it was a new product and is set at a premium price compared to mainstream alcoholic products. It was noted that there were no representations from any residents or the Police or Environmental Health.
Mr McCann then addressed the concerns of the premises being in the CIZ. He believed that the premises would not negatively impact on the area because of the nature of the operation and with the conditions, both offered and agreed with the responsible authorities. It was noted that alcohol consumption could lead to crime and disorder in an area where demand is stimulated due to increased availability with new people coming to the area and encouraged to drink large quantities of alcohol quickly which was not the business model for this premises. The premises had a capacity of 46, however in reality there was only 36 covers at the moment. It was noted that the premises had currently been open for a few weeks now as a cafe without alcohol and there had been no issues. It was also noted that an average bottle of whiskey or sake would cost between £50-£70 and therefore not attractive to street drinkers.
As for potential public nuisance, the applicant did not anticipate receiving noise complaints and this could be supported by the fact that Environment Health had not made a representation. Mr Joe Mossman, Applicant had been operating a similar premises in another CIZ zone in Islington for the past five years with no complaints, demonstrating the applicant’s ability to run a licensed premises responsibly. Mr McCann referred to the Council policy on the CIZs and stated that the premises fitted the potential exemptions, that it was a small premises and not alcohol-led.
It was noted that no more than 15% of the area would be used for display of alcohol and so could not become an off licence in the traditional sense. Further, there would be a condition that the premises could only sell Japanese products, which prevented it from becoming a mainstream bar selling normal wine and spirits. The applicant was happy to accept the conditions from the Licencing Authority except for the one for alcohol to be served ancillary to a table meal. Mr McCann said that due to planning permission, the premises were unable to have a full kitchen area with extractor fans and therefore would only provide snacks and homemade cakes. It was envisaged that 5% of the sales would be from the sale of alcohol.
Members then heard from Mr Mohshin Ali, Licensing Officer and he referred to his representation on pages 174 to 178 of the agenda. He said that most of the concerns raised by the Licensing Authority had been addressed. He confirmed that the TENs that had operated had generated no complaints. He welcomed the applicant’s efforts to accept the conditions from responsible authorities. However, it still remained that it was an additional premises in a saturated area causing a cumulative impact in the area.
In response to questions, the following was noted;
- The TEN givenwas in November 2021 and there had been no complaints.
- That the premises had been open since September 2021, with no complaints.
- The application received no objections from residents or Environmental Health.
- The ambience in the venue was calm and tranquil.
- The applicant had experience of operating other premises with the same concept with no issues.
- That they were not likely to attract customers who drink large amounts and become intoxicated.
- 5% of the overall sales was from the sale of alcohol.
- There had been no incidents of drunkenness at the previous premises.
- That the seating capacity of the premise was 46 but the premises had 36 covers.
- That very few customers were likely to smoke, as smoking after drinking a premium whisky would not have the desired effect.
- A condition had been agreed with Environmental Health that no more eight smokers to be allowed to smoke outside the premises. The applicant assured members that this would never be exceeded and would be closely monitored by staff.
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:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
The Sub-Committee considered an application by Kojima Ltd. for a new premises licence to be held in respect of 147 Brick Lane,, London, E1 6SB (“the Premises”). The application sought authorisation for the sale of alcohol for consumption on and off the Premises from 08:00 hours to 22:30 hours Monday to Sunday.
The application attracted representations from the Licensing Authority on the grounds that the application did not sufficiently address how there would be no impact on the public nuisance licensing objective and that the Premises were located within the Brick Lane CIZ.
The Sub-Committee heard from Niall McCann, solicitor for the applicant, and Joseph Mossman, the director of the company. They informed the Sub-Committee that the hours for licensable activity were amended so as to start at 11:00 hours. Opening hours would remain the same.
Mr. McCann informed the Sub-Committee that the business was a Japanese café. The applicant operated another similar business in Islington’s CIZ and had done so for the last five years. He had also opened a Japanese restaurant in Islington about ten years ago. Neither operated with any problems. The food and drink on offer was authentic Japanese fare. The experience at the Islington café was that people would sometimes want a glass of Japanese whiskey or Sake with their food. Their clientele tended to be Japanese nationals and their friends.
Mr. McCann told the Sub-Committee there would be no additional impact on the CIZ. The Premises were not a place where people would come and stay and be encouraged to drink. The alcohol on offer was limited and the Premises accommodated 36 covers at present. There would be no draught beers and patrons would be seated. The premises that caused problems for the CIZ tended to be bars and clubs.
With regard to off-sales the concerns tended to be around street drinking and pre-loading. The Premises would not attract such a clientele given that the average price of a bottle of Sake was about £50.00 and the cheapest bottle of Japanese whiskey was around £70.00. Anyone wanted to obtain alcohol for pre-loading would go to an off-licence. Alcohol sales were a very small part of the business, around 5% of total sales.
Mr. McCann further explained that there were no noise problems and that the Premises had operated under a total of eleven days of Temporary Event Notices (TENs) without complaints or problems. Numerous conditions were proposed and had been agreed to in order to mitigate any possible impact, including a condition that alcohol sales would be ancillary to the main business, that the alcohol displayed was limited to 15% of the trading area, and limiting the products sold to Japanese beers, wines and whiskey. He confirmed following a question from the legal adviser that proposed condition 3 could be amended so that it was clear that bottled or canned craft beers also needed to be Japanese. All proposed conditions had been agreed save for one requiring alcohol sales to be with a table meal, on the basis that the Premises did not offer table meals. However, the Premises was willing to have a condition requiring food to be available during permitted hours.
Mr. Ali, on behalf of the Licensing Authority, told the Sub-Committee that their concerns related to the fact that the Premises were located in the Brick Lane CIZ and that another premises selling alcohol was likely to add to that impact. He confirmed that TENs had been given and that the Authority had not received any complaints.
During questions Mr. McCann explained that the reason there would be no impact was because the Premises had been open since September without complaint, there had been TENs, the operator was experienced, and any additional impact arises from drunkenness and noise. The clientele of Katsute did not go there to drink. Mr. Mossman further explained that the intention was for the Premises to be an immersive experience of Japanese culture and a place for patrons to feel tranquil. Those looking to party would simply not be attending the Premises. The reason for seeking to sell alcohol was that the applicant prided itself on authenticity and drinking Sake or Japanese whiskey was part of the experience and patrons expected it.
The application engaged the licensing objective of the prevention of public nuisance. The Sub-Committee did not consider that the prevention of crime and disorder arose as an issue here. The onus was on the application to prove that they would not negatively impact upon the CIZ and the Council’s Statement of Licensing Policy gives some indication as to what might justify an exception, which includes businesses that are not alcohol-led, that operate to framework hours, and which cater for 50 or fewer persons.
The Sub-Committee accepted that the Premises would not be alcohol-led and that it would not be somewhere that would attract people specifically in order to drink. Given the ethos of the Premises, combined with the conditions limiting the type of alcohol to be sold so that it was in keeping with that, combined with the limit on the display area, satisfied the Sub-Committee that the Premises would not easily change into the type of venue that would adversely impact upon the CIZ.
The fact that TENs had been given and had not resulted in any complaints also provided an indication to the Sub-Committee that the applicant could operate without adversely impacting upon the CIZ. The Sub-Committee did not consider that the Premises would give rise to additional footfall but, even if it did, that alone would not of itself adversely impact upon the CIZ.
The Sub-Committee was satisfied that the applicant had demonstrated that the grant of the licence would not adversely impact upon the CIZ and that any impact that might arise would be mitigated by the imposition of the conditions consistent with the operating schedule and with the additional conditions proposed by the applicant and those proposed by the responsible authorities. The Sub-Committee determined not to impose the suggested condition requiring alcohol to be sold with a table meal, given that the Premises were not a restaurant.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new Premises Licence for Katsute, 147 Brick Lane, London E1 6SB be GRANTED with a conditions.
Sale of alcohol (On and Off Sales)
Monday to Sunday from 11:00 hours to 22:30 hours
Opening hours
Monday to Sunday from 08:00 hours to 23:00 hours
Conditions
- CCTV shall be installed, operated and maintained in agreement with the Police. Maintained means that the system will be regularly serviced (at least once a year) and checked every two weeks to ensure that it is storing images correctly and a log kept and signed by a Supervisor to this effect. The system will provide an identifiable full head and shoulder image of everyone entering the premises and will operate in any light conditions within the premises. The system will cover the full exterior of the premises and shall record in real time, date and time stamped and will operate whilst the premises is open for licensable activities. The recordings will be kept for a minimum of 31 days and copies will be made available to an Authorised Officer or a Police Officer (subject to the Data Protection Act 1998) within 24 hrs of any request free of charge.
- There will always be a member of staff on duty who can operate the system, to allow Officers to view recordings and if required by a Police Officer, provide a copy of images immediately free of charge to assist in the immediate investigation of offences. If the system malfunctions and will not be operating for longer than one day of business then Police must be informed.
- Alcoholic products shall be strictly limited to Sake, Shochu, Japanese wine, Japanese whisky and bottled or canned craft Japanese beers.
- The licence holder shall enforce the challenge 25 proof of age scheme.
- Emergency lighting, emergency exit signs and fire alarms system will be installed covering the entire retail premises and protected escape route. The escape routes will be clearly signed and accessed via a door with a push bar emergency operating mechanism.
- Staff will be fully trained regarding emergency egress, and fire drills will be performed on a regular basis.
- No more than 15% of the front of house trading area shall be used for the display of alcoholic drinks.
- The sale of alcohol shall be ancillary to the premises operating as a shop selling Japanese cooking equipment, food and drink.
- All off sales shall be in sealed containers.
- The supply of alcohol shall only be to persons seated. There shall be no vertical drinking within the premises.
- The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 46 persons.
- There shall be no provision of draft beers.
- When the designated premise 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/finds 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.
- In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately if safe to do so ensure that:
a) the police (and, where appropriate, the London Ambulance Service) are called without delay;
b) all measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police;
c) the crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and
d) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- Patrons permitted to temporarily leave and then re-enter the premises,
e.g. to smoke, shall be limited to (8) persons at any one time.
- 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.
- The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway
- 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 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 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.
Supporting documents:
- Katsute cover report, item 4.2 PDF 362 KB
- Katsute Appendices Only, item 4.2 PDF 6 MB
- Appendix 17, item 4.2 PDF 81 KB
- Katsute Supporting Doc 1, item 4.2 PDF 166 KB
- Katsute Supporting Doc 2, item 4.2 PDF 185 KB
- Katsute Supporting Doc 3, item 4.2 PDF 267 KB