At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for Oval Café, The Oval, London E2 9DU. It was noted that objections had been received from the Metropolitan Police in relation to the prevention of public nuisance, the prevention of crime and disorder and public safety.

 

At the request of the Chair, Mr Paddy Whur, Legal Representative on behalf of the Applicant explained the premises did have a premises licence which dissolved on 1^st October 2020 due to an administrative error. Therefore, a new licence was being sought for the same hours as the previous licence, by the same owners who also own the building which is part of the Pickle Factory (a licensed venue). It was noted that the premises were licensed in 2014 and variations were applied for during 2015 and 2018 which were not objected to.

 

Mr Whur referred to appendix 1 of the report on page 50 of the agenda which detailed the previous licence and explained that an identical licence was being sought. He explained that the premises are very small with a capacity of 50 people, and was adjoined The Pickle Factory which was a licensed venue and had the same licensable hours as applied in the application. It was noted that an application would not have been required had there not been an administrative lapse in the licence.

 

He said the venue would be used for corporate events offering food and drinks. It was stated that six years of successful trading with the same management and same conditions should demonstrate to the Sub-Committee that granting a premises licence would not undermine the licensing objectives. He expressed his disappointment that objections were made as there was no evidence of breaches of conditions, and the statistics of crime and disorder that were referred to by the police related to area and ward statistics and did not relate specifically to the premises.

 

Mr Whur corrected the representation made by the Police by insisting that the application was not in respect of additional premises but an application in respect of existing premises. He believed that the objection made by the Police was unsubstantiated as there was no evidence of crime and disorder linked to the premises. He concluded that there have been no issues whilst trading over the past years, an administrative error was the reason why a new licence was being sought, and it was the same operators and same hours as in relation to the previous licence. It was noted that as requested by Trading Standards Services, the Applicant was happy to operate a Challenge 25 policy in place of the Challenge 21 policy, a historic condition on the previous licence.

 

Members then heard from PC Barry Leban, Metropolitan Police, who explained that he was objecting on the grounds of crime and disorder, public nuisance and public safety. He stated that the premises was a night club and would be affected by patrons from The Pickle Factory, which had a capacity of 500, and the Oval Space which had a capacity of 1000 and those patrons would be using this premises. He explained that The Oval was a small area which had high levels of anti-social behaviour.

 

He referred to a recent incident on 20^th February 2022, where there were 80-100 people loitering in the area and causing disturbance.He acknowledged that he could not link it to the Oval Space, but it was in the same area. He also referred to an incident when the police had been called by Mr Ross Melinn, Manager of the Oval Space, to help assist with a high risk event with 900 guests. A search of the guests disclosed a weapon in a form of a screwdriver.

 

PC Leban highlighted that during December 2021 – January 2022, 629 reports of crime were reported in St Peters Ward, of which 191 offences were against a person, although these incidents were not connected to the Oval Space.  However, additional licensed premises in his view would contribute to the crime and disorder and public nuisance in the area.

 

PC Mark Perry, Metropolitan Police, said that it was a small venue, and that the Police were not out to target late night venues, but another licensed venue in this particular area where high levels of anti-social behaviour are experienced. PC Perry considered that granting the application would lead to a strong probability of increased activity by nitrous oxide canister sellers, and more public nuisance outside the venue.

 

In response to questions the following was noted;

 

-       That the Oval Café was a separate entity and had a different ownership to Oval Space, but the management team were a shared resource between those premises, and the applicant Mr Dean James sat on the board of directors for the Oval Space.

-       That the Pickle Factory had a capacity of 250 and not 500 as stated by the Police.

-       The premises were separate from the Pickle Factory, hence a separate licence was required. However, both the buildings were adjoined together, and currently the premises were being used as a breakout area for patrons attending the Pickle Factory. 

-       That the applicant was of the view that it was not a new licence, but merely a reinstatement of the previous one which had lapsed.

-       There was no evidence of crime and disorder linked to the premises during the time it had operated previously. 

-       That there were no objections to the previous licence.

-       Questions were raised why framework hours could not be applied as it had been suggested that the venue would be used for corporate events. 

-       It was confirmed that there were no crimes or public nuisance directly linked to the premises but there were high level of crimes and disorder in the local area.

-       That The Oval was an ideal place for people to congregate after attending late night venues, as there was an illegal food van where people congregated to eat late at night.

-       It was noted that there was no evidence of crime and disorder that the police could link to the premises.

-       Assertions on the part of the applicant were made that the Police were treating the applicant unfavourably. 

 

PC Perry and PC Leban both confirmed that the statistics of crime and disorder in the area were not specifically linked to the Pickle Factory or The Oval Space. They maintained that any representation they made was impartial, and as Police Officers gave their expert opinion on and the basis of which it was their view that on the balance of probability, additional premises in that particular area would likely lead to an increase in public nuisance and crime and disorder. 

 

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

 

The Sub-Committee considered an application for a new premises licence in respect of Oval Café, 11-12 The Oval, London E2 9DU (“the Premises”). The application sought to permit the sale of alcohol and the provision of regulated entertainment by way of recorded music and the provision of late night refreshments. The application attracted objections from the Metropolitan Police relating to the licensing objectives of the prevention of crime and disorder, promoting public safety and preventing public nuisance. 

 

The Sub-Committee noted that the premises did previously have a licence which had lapsed due to an administrative error.

 

The Sub-Committee noted a comment by the police during the meeting that whilst their concerns arose from crime and disorder in the area, the police accepted that there was no evidence of that being linked to the Oval Café.

 

The Sub-Committee noted comment by the police that their concerns were based upon professional opinion. However, decisions of the Licensing Sub-Committee must be based upon evidence, and in the absence of direct evidence linking the Oval Cafe to crime and disorder, public nuisance, and issues of public safety, the Sub-Committee was satisfied that granting the application would not undermine the above licensing objectives.

 

The Sub-Committee appreciated that the police had concerns about the applicant regarding separate premises. However, those premises were not the subject of this application, which had to be considered on its own merits.

 

In light of the concerns raised by the police in relation to the area generally, the Sub-Committee considered it reasonable and proportionate to include as conditions of the premises licence, those set out below, in addition to the conditions which are in any event mandatory.  

 

The Sub-Committee could not grant the full range of hours sought for the sale of alcohol and the provision of late night refreshment, because the terminal hour for licensable activities cannot be the same as the time for closing to the public, otherwise issues can arise with late orders when closing the premises to the public. 

 

Therefore, Members made a decision and the decision was unanimous. Members granted the application in part with conditions. 

 

Accordingly, the Sub Committee unanimously;

 

RESOLVED

 

That the application for a new Premises Licence for Oval Café, 11-12 The Oval, London E2 9DU be GRANTED with amendments and conditions.    

 

Sale of Alcohol (On Sales only)

 

Monday to Thursday from 12:00 hours to 23:30 hours

Friday and Saturday from 12:00 hours to 00:00 hours (midnight)

Sunday from 12:00 hours to 22:30 hours

 

The Provision of Late Night Refreshments (indoors)

 

Monday to Thursday from 23:00 hours to 23:30 hours

Friday and Saturday from 23:00 hours to 00:00 hours (midnight)

 

The Provision of Regulated Entertainment – indoors (Recorded Music)

 

Thursday from 23:00 hours to 23:30 hours

Friday and Saturday from 23:00 hours to 00:00 hours (midnight)

Sunday from 23:00 hours to 22:30 hours

 

Non-standard timings

 

New Years Eve, above licensable activities from 08:00 hours to 03:00 hours to 03:00 hours on New Year’s Day.

 

Opening Hours

 

Monday to Thursday from 00:00 hours to 00:00 hours (midnight)

Friday and Saturday from 08:00 hours to 00:30 hours (the following day)

Sunday from 08:00 hours to 23:00 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.    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.

 

5.    The premises will be serve only seated patrons, and the premises shall be supervised by a floor manager and an S.I.A accredited door supervisor after 21:00hrs until the premises close to the public.

 

6.    That an incident report book be kept to record all incidents of crime and disorder associated with the premises.

 

7.    Deliveries shall be only from 08:00hrs to 19:00hrs Monday to Saturday.

 

8.    The café shall be strictly adults only after 18:00hrs.

 

9.    No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which givesrise to a nuisance

 

10.A Noise Limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction ofan acoustic consultant who is a member of the Institute of Acoustics so as to ensure that no noise nuisance is caused tolocal residents or businesses.

 

a. The operation panel of the noise limiter shall then be secured by a key or password to the satisfaction of the acousticconsultant and access shall only be by persons authorised by the Premises Licence Holder.

 

b. No alteration or modification to any existing sound system(s) should be effected without prior agreement with anacoustic consultant.

 

c. No additional sound generating equipment shall be used on the premise without being routed through the sound limiterdevice.

 

 

11.At times when this premises operates with the (Pickle Factory), 14 The Oval, London E2 9DT, then following Pickle Factory Conditions shall apply.

 

a. Any private hire shall be internally risk assessed in advance.

 

b. Cab service shall be offered to all guests leaving the building.

 

c. Deliveries shall take place Monday to Saturday, from 08:00 hours to 19:00 hours and Sundays, from 09:00 hours to 12:00 hours.

 

d. SIA accredited staff shall be deployed in a pattern and numbers agreed by the DPS and the Police.

 

e. Toilets shall be checked at least every 30 minutes at peak times to detect and discourage drug use during events. Records of these checks shall be kept.

 

f. A barricade is to be used outside the entrance to the venue when events are on to facilitate the effective queuing of people wishing to gain entry.

 

g. All members of Management and Staff shall be briefed as to the operation of ‘Challenge 25’ and ‘Don’t Do Drunk’ Policies, with the related paperwork acknowledged and signed. This also applies to all new starters and trial shift applicants.

 

h. An incident book shall be kept and maintained every day the premises is open.

 

i). The incident book shall contain the names and numbers of SIA accredited security staff, their time on duty and time off duty.

 

ii). The incident book shall also record any refusals of entry, refusals of sale of alcohol and any incidents of disorder, incidents of crime or other incidents of note.

 

iii). The incident book shall be signed off by the duty manager at the end of each day.

 

i. To be a member of the local “pub watch” and to send representatives to all related meetings.

 

j. All flat surfaces in the toilet areas shall be removed or covered over to prevent and deter drug use. Toilet seat covers shall be removed from all toilets.

 

k. All security staff shall wear their identification badges and high visibility tabards clearly marked “Security”.

 

l. A joint strategy between the Oval and the Pickle Factory for managing customers arriving and leaving their respective venues shall be completed and agreed by Police.

 

m. Prominent notices will be placed throughout the venue asking customers to mind their property and report any suspicious incidents.

 

n. Safety checks will be carried out monthly prior to opening and all incidents will be recorded in a log book which will be available for inspection by authorised officers.

 

o. Floor staff will be allocated tasks around the venue to be completed every 15 minutes to ensure no trip hazards are present.

 

p. All sweeps of the venue will be recorded in a nightly log.

 

q. Prominent signs will be displayed to ensure guests are quiet leaving the venue.

 

r. Front of house staff will monitor guests entering or leaving the venue to ensure moderate behaviour.

 

s. Bottling out from premises will be forbidden between 22:00hrs and the following morning at 09:00hrs

 

t. A Challenge 25 policy shall be in operation. A log shall be kept of all challenges made by staff.