At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for Kill the Cat, 14 Market Street, London E1 6DT. It was noted that the Applicant would surrender its licence at 43 Brushfield Street if the application was granted. The Applicant’s solicitor had also confirmed that the capacity was 60 inside the premises and 25 for the external area. It was noted that objections had been received by Officers on behalf of Licensing Authority and Environmental Health in relation to the prevention of public nuisance and the prevention of crime and disorder.

 

At the request of the Chair, Mr Stephen Walsh, Legal Representative on behalf of the Applicant explained the representations were based solely on the Cumulative Impact Policy (CIZ) and stated that if the licence was granted it would not negatively add to the problems of the CIZ.

 

It was noted that the applicant was the owner of the Spitalfields Estate. They would not be operating the Premises itself and the operator would be given a lease of the Premises. The operator had been vetted and was deemed appropriate for the Spitalfields Estate. Mr Walsh explained that local Residents Associations such as SPIRE and St George’s Residents had been consulted and there had been no objections and neither had the police objected on the basis of crime and disorder. Conditions had been agreed with the police.

 

Mr Walsh explained that the Applicant held a licence at 43 Brushfield Street, also within the CIZ, and that would be surrendered in the event that the Sub-Committee granted the application. Therefore the overall number of licences within the CIZ would remain the same. He further explained that 43 Brushfield St had been granted in August of last year and on the surrender of a licence for 12 Market Street (next to the premises). The premises licence for 12 Market had no conditions on the operating schedule and did not have any restrictions in terms of its operation or the use of the external area.

 

It was noted that the premises would only sell craft beer, they would be premium quality and would not be such as could be bought in supermarkets. There would be a small food offering but the Premises would not be operating as a restaurant. It was further noted that the operator had been trading from another premises in Brick Lane for some years, with no cause for concern or complaints. It was explained that the main concern of the responsible authorities related to the use of the external area and the potential for that to give rise to public nuisance. Mr Walsh referred to the acoustic report contained in the supplemental agenda which showed that the use of this area was not likely to cause public nuisance during the late hour in question between 9pm and 10pm. 

 

Members then heard from Mr Mohshin Ali, Licensing Officer. He briefly referred to his representation on pages 164 – 168 of the agenda pack and highlighted and questioned why the two conditions on the 43 Brushfield Street licence has not been offered, namely the sale of alcohol being ancillary to food, and the use of the external area being limited to 21:00 hours, if the application was to technically replace that other licence. It was his view that the absence of these two conditions would have an impact on the licencing objectives and therefore on the balance of probability have a negative impact on the CIZ.

 

Members also heard from Ms Nicola Cadzow, Environmental Health Officer. She explained that having spoken to the solicitors acting on behalf of the applicant, she had initially come to an agreement about the external area being open till later. However, having spoken to her colleagues in Licencing she had reconsidered and believed it to be more appropriate that the use of the external area be limited to 21:00 hours. She welcomed the acoustic report provided by the applicant but her main concern was that when considering the prevention of public nuisance in this application there were two conditions that were likely to minimise the noise impact, namely to limit the numbers outside or reduce the hours for the external area to an earlier time. Ms Cadzow was of the view that without conditions around timing and limiting numbers there would be a negative impact in the area.

 

In response to questions from Members the following was stated;

 

-       It was confirmed that the Applicant was willing to agree to a condition that the licence could not take effect until the licence for 43 Brushfield Street had been surrendered and was not capable of being reinstated.

-       That the premises could not operate with the condition to limit alcohol ancillary to food only, as it did not fit the nature of the business.

-       That the previous licence for 12 Market Street, had an unconditional licence, with no restrictions on capacity or the number people who could use the area.

-       That the licence for 43 Brushfield Street has not operated since its licence was granted and had a condition that alcohol is ancillary to a meal, as it was for a restaurant licence. 

-       That the premises would be specialising in selling craft beers that could be tailored to individual tastes and flavours.

-       That a condition had been agreed that alcohol consumed outside the premises shall only be consumed by patrons seated at a table. 

-       That any off sales would be sold in sealed containers.

-       That a Challenge 25 policy would be operated at the premises.

-       That the prices of the products meant that it was not likely for patrons to buy alcohol from the premises for street drinking.

-       That the premises were alcohol-led and not food-led. However the focus of the premises would be to provide tasting experiences rather than drinking to get intoxicated. 

-       The applicant offered a compromise on the external area by a 50% reduction in the maximum number of patrons from 21:00 hours until 22:00 hours and the cessation of use of that area after 22:00 hours except for persons permitted to temporarily leave the premises e.g. to smoke.

 

 

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 by Bishops Square S.A.R.L (“the Applicant”) for a new premises licence to be held in respect of Kill the Cat, 14 Market Street, London, E1 6DT (“the Premises”). The application sought the sale by retail of alcohol for consumption on and off the Premises from 08:00 hour to 23:00 hours Monday to Saturday and from 08:00 hours to 22:30 hours on Sundays. The application received two representations against it, from the Licensing Service and from the Environmental Health Service. The representations related to the Premises’ location within the Brick Lane Cumulative Impact Zone (CIZ) and to the potential impact on the licensing objectives of the prevention of public nuisance.

 

The Sub-Committee heard from Stephen Walsh QC on behalf of the Applicant. He noted that the representations were based solely on policy and submitted that the licence, if granted, would not add to the problems within the CIZ.

 

The Applicant was the owner of the Spitalfields Estate. It would not be operating the Premises itself; the operator would have a lease of the Premises. Local residents’ groups had been consulted and there had been no objections by SPIRE or any of the residents neither had the police objected on the basis of crime and disorder. The Applicant held a licence at 43 Brushfield Street, also within the CIZ, and that would be surrendered in the event that the Sub-Committee granted the application. The overall number of licences within the CIZ would therefore remain the same. Mr. Walsh confirmed that the Applicant was willing to agree to a condition that the licence could not take effect until the licence for 43 Brushfield Street had been surrendered and was not capable of being reinstated.

 

The Premises would only sell craft beer. There would be no products that one would expect to find on a supermarket shelf. There would be a small food offering but the Premises would not be operating as a restaurant. The operator had been trading from other premises in Brick Lane for some years, with no cause for concern. The main concern of the responsible authorities related to the use of the external area and the potential for that to give rise to public nuisance. An acoustic report had been commissioned and that showed that the use of this area was not likely to result in public nuisance.

 

Mohshin Ali, Licensing Officer, expanded briefly on his representation. There were two conditions in the Brushfield Street licence which the Applicant had not included on this application, namely alcohol being ancillary to food, and the use of the external area being limited to 21:00 hours.

 

Nicola Cadzow, on behalf of the Environmental Health Service, confirmed that she had initially asked the Applicant to agree a condition that the external area would not be used after 22:30 hours save only for use by not more than eight smokers. The Applicant had agreed to this. However, after that and after speaking to Mr. Ali, she reconsidered and determined that 22:30 hours was too late and that 21:00 hours was more appropriate. With regard to public nuisance there were only two options likely to minimise it. Those were to keep the numbers down or to reduce the hours of use.

 

During questions from Members, Mr. Walsh explained that the licence for 43 Brushfield Street had been utilised. It had been intended to be used as a restaurant and thus had conditions appropriate to a restaurant. As regards the use of the external area, he noted that Ms. Cadzow’s position had only changed after she had spoken to Mr. Ali. His client was willing, however, to reduce the time on the use of the external area to 22:00 hours. Whilst the Applicant acknowledged Ms. Cadzow’s concerns, they had provided evidence, in the form of an acoustic report, which demonstrated that there was not likely to be any impact on the public nuisance licensing objective and that ceasing use of that area from 22:00 hours would suffice. Further, from 21:00 hours to 22:00 hours the Applicant was willing to limit the number of patrons using this area to twelve.

 

There was also some discussion about the need for off-sales and the risk of people buying alcohol from the Premises that would then be consumed on-street. Mr. Walsh told the Sub-Committee, however, that the prices of the products meant that this was not at all likely and that there had been no experience of that within the Spitalfields Estate.

 

This application engages the licensing objective of the prevention of crime and disorder. The operating schedule contained a number of conditions and there had been further conditions agreed between the parties. The real issues for determination were whether alcohol should be ancillary to food and when the use of the outside area should cease (save for use by smokers) and whether the Applicant had demonstrated that they would not adversely impact upon the CIZ.

 

Whilst the Premises would be alcohol-led rather than food led, the Sub-Committee was satisfied that the focus was on the tasting experience rather than on drinking in order to become intoxicated. This was borne out by the prices of some of the products on offer. The problems that might occur were the Premises to be a bar or club would therefore not occur.

 

The application and the representations referred to this application as replacing or reinstating a previous licence at 12 Market Street. This was not an accurate way of addressing matters; the application was nonetheless for a new premises licence. Whilst some regard might need to be paid to the previous licences, especially with regard to the conditions, the application needed to be considered in its context. Whilst 43 Brushfield Street had been intended to operate as a restaurant, this Premises is not so intended. Given the nature of the operation and, in particular, the pricing of the products on offer, the Sub-Committee wa satisfied that there was no need to impose a condition that alcohol be sold as ancillary to food.

 

Further, the Sub-Committee noted that the licence at 43 Brushfield Street would be surrendered. Whilst it is not purely a matter of simple arithmetic, the fact that the overall number of licences within the CIZ would not increase was a matter the Sub-Committee considered relevant. Further, the operator had experience of operating within Brick Lane and the Sub-Committee understood them to be moving from that location to this. Again, this meant that there was no addition to the CIZ.

 

As regards the external area, the Sub-Committee was satisfied that the concessions proposed by the Applicant would suffice to ensure that there was no adverse impact on the licensing objectives. Whilst it noted the concerns raised by Environmental Health, the report from RBA Acoustics provided evidence that there would be no impact from the use of the external area. Further, the 50% reduction in the maximum number of patrons from 21:00 hours until 22:00 hours and the cessation of use of that area after 22:00 hours except for smoking ensured that as ambient noise levels reduced so too would the use of this area.

 

The Sub-Committee was therefore satisfied that the application could be granted as an exception to the CIZ and is granted as sought, with the agreed amendment to the non-standard timing on New Year’s Eve and with the conditions as set out below. The Sub-Committee noted that there was no condition preventing the nature of the premises or the products sold from changing. Given that these matters were fundamental to the Sub-Committee’s decision, it was considered appropriate and proportionate to impose a condition that the Premises only operate as a craft beer tasting room and bottle shop and supply only premium branded products:

 

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 Kill the Cat, 14 Market Street, London E1 6DT be GRANTED with conditions.   

 

Sale of Alcohol (on and off sales) 

 

Monday to Saturday from 08:00 hours to 23:00 hours

Sunday from 08:00 hours to 22:30 hours

 

Hours premises are open

Monday to Saturday from 08:00 hours to 23:30 hours

Sunday from 08:00 hours to 23:00 hours

 

Non-standard timings

 

The non-standard times for licensable activity on New Year’s Eve shall be from the end of permitted hours on New Year’s Eve until 03:00 hours on New Year’s Day.

 

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.    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

 

4.    Deliveries to the premises shall only take place between 08.00 and 22.00 hours except for deliveries of bread and baked goods which may be delivered between 07.00 and 22.00 hour

 

5.    Collections of waste or recycling materials from the premises shall only take place between 08.00 and 22.00 hours.

 

6.    There shall be a physical barrier acting as demarcation between the premises outside area and the pavement.

 

7.    No open containers of alcohol shall be allowed to taken off the premises by customers except for any designated external customer area.

 

8.    Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local  residents and businesses and leave the area quietly.

 

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

 

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

 

11.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 8.0 Conditions Agreed/Requested by Responsible Authority

 

12.From 21:00 hours to 22:00 hours a maximum of twelve persons shall be permitted within the external area. The external area shall not be used after 22:00 hours, except for persons permitted to temporarily leave the premises e.g. to smoke, and shall be limited to eight persons at any one time.

 

13.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.

 

14.In the event that a serious assault is committed on the premises (or appears to have been committed) the management will if safe to do so, immediately 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;

d)   and such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises

 

15.Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables

 

16.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.

 

17. 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.

 

18.The premises licence holder shall ensure that any patrons drinking and/or 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.

 

19.This licence shall not take effect until such time as the premises licence for 43 Brushfield Street, London, E1 6AA (no. 138889) has been surrendered to the licensing authority and is no longer capable of being reinstated pursuant to section 50 of the Licensing Act 2003.

 

20.The premises shall operate only as a craft beer tasting room and bottle shop. Only premium branded products may be sold or supplied.