At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer introduced the report which detailed the application for a new premises licence for Dauns, 77 Wentworth Street, London E1 7TD. It was noted that objections had been made by the Licensing Authority.

Mr Winston Brown, the applicant’s solicitor, addressed the sub-committee and stated that whilst representations had been made by the Licensing Authority due to the premises being in the Brick Lane Cumulative Impact Zone (CIZ), Mr Daun had offered conditions to rebut the presumption. 

Mr Brown said the premises met the criteria of being an ‘exceptional circumstance’ in that it was a food-led business offering a selection of exclusive Scandinavian wine and beer with Scandinavian food. He said the premises was small and would seat less than 50 covers. Mr Brown referred to pages 63-66 of the agenda which set out the background and proposed conditions. Mr Brown said Mr Daun had consulted with others and had established a good working relationship with other licensees in the area. Mr Brown added the hours applied for were within the framework hours and requested the members to grant the application.

Mr Mohshin Ali, Senior Licensing Officer said it was unclear if the Applicant had accepted the conditions put forward by the Licensing Authority in their letter of 19^th November 2021. Mr Ali said the application had been objected to based on the number of licensed premises serving alcohol and its cumulative effect on the area.

In response to questions from Members the following was noted:

• Mr Brown clarified his client accepted the conditions put forward by the Licensing Authority.
• Mr Daun said alcohol would only be served with food and at the moment the premises had seating for 14 people. He confirmed there would be no vertical drinking of alcohol.

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 Sub-Committee considered an application by Ernst Daun for a new premises licence to be held in respect of Dauns, 77 Wentworth Street, London, E1 (“the Premises”). The application sought authorisation for the sale by retail of alcohol from 12:00 hours to 21:00 hours Sunday to Thursday and from 12:00 hours to 22:00 hours on Friday and Saturday.

The application attracted one representation from the Licensing Authority. This was based on the Premises being located in the Brick Lane Cumulative Impact Zone (CIZ).

The Sub-Committee heard from Mr. Daun and his solicitor, Winston Brown, who explained the application and had provided further written material in advance of the hearing. The Sub-Committee was told that this was a small, food-led premises providing Scandinavian food and drink. The business promoted vegan food and wished to have a small alcohol offering to complement that. Conditions had been proposed in the operating schedule and further conditions agreed with the police and the Environmental Health Officer. The applicant recognised the CIZ but contended that there would be no additional impact and that the Premises fell within a possible exception in that policy, being within framework hours, not alcohol-led, and having fewer than fifty covers. It was submitted that the nature of the Premises itself was also unique. During the hearing the applicant confirmed that he also agreed the conditions proposed in the Licensing Officer’s representation at Page 87 of the report pack.

The Sub-Committee heard from Mohshin Ali on behalf of the Licensing Authority. He maintained his representation and that he was concerned that another premises selling alcohol would add to the existing problems within the CIZ. Those concerns remained notwithstanding the agreed conditions, which he accepted would mitigate any impact.

Having had regard to the application and the agreed conditions, the Sub-Committee was satisfied that the applicant had shown that the Premises could be justified as an exception to the CIZ. It fell within recognised potential exceptions to the policy. Appropriate conditions had been agreed with the responsible authorities which would mitigate any impact. The Sub-Committee was also satisfied that the nature of the Premises was such that it would not lead to any additional impact. The Sub-Committee therefore decided to grant the application as sought and subject to the conditions consistent with the operating schedule and the conditions agreed with the police, the Environmental Health Officer, and the Licensing Officer.

Accordingly, the Sub Committee unanimously;

RESOLVED

That the application for a variation of the premises licence for Dauns, 77 Wentworth Street, London, E1 7TD be GRANTED with conditions:

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 copies of recent CCTV images or data with the absolute minimum of delay when requested.

3. No persons other than the Police, the Licensing Authority, the Premises Holder, the manager or authorised persons shall have access to the CCTV recording equipment or the recordings made from such equipment. The CCTV system will be in operation, and recording whenever the premises are open to the public.

4. A minimum of two notices stating that CCTV is in operation shall be displayed throughout the premises where the public have access. The notices shall be at least A4 size.

5. The license holder must ensure that all staff are aware of their social and legal obligations, and their responsibilities regarding the sale of alcohol.

6. Training shall be given to all staff to ensure compliance with the four licensing objectives. Training records will be kept on the premises, and the training records will show the date of training. The training record is to be signed by the staff member receiving the training and then countersigned by the Designated Premises Supervisor (DPS).

7. There will be a prominent signage near the door to the premises reminding he patrons to leave the area quietly.

8. The licence holder will operate a dispersal policy to be agreed with the council to ensure that patrons do not congregate outside the premises after leaving.

9. A proof of age policy agreed in writing by the Licensing Authority must be enforced.
10. Challenge 25 to be implemented whenever a young person seeks to purchase alcohol. The premises will only accept valid forms of identification, such as photo driving licence, passport and Home Office approved ID cards displaying the national proof of age standard scheme (PASS hologram).

11. 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.

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

15. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

16. 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.

17. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

18. There shall be no vertical drinking of alcohol at the premises.