Agenda item
Application for a New Premise Licence for Oranj, Ground Floor, 14 Bacon Street E1 6LF
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Oranj, Ground Floor, 14 Bacon Street E1 6LF. It was noted that a representation had been made by the Licensing Authority in relation to the prevention of public nuisance and the prevention of crime and disorder. It was noted that it had a capacity for 50 persons and that 17 representations had been made in support of the premises.
It was noted that the blue poster advertising the application referred to another Borough. However it was accepted that the body of the text and contact details referred to Tower Hamlets and legal advice given that it was a minor mistake which did not invalidate the application or prevent the Sub-Committee from considering the application tonight.
At the request of the Chair Mr Marcus Lavell, Legal Representative on behalf of the Applicant, explained that this premises was not a chain or franchise store, but a sole passionate operator wanting to start up a small business. He said there were no objections from the responsible authorities, except for the Licensing Authority and which was based on policy. Conditions had been agreed with the Metropolitan Police. No residents had made representations against the application; and exceptionally, there were 17 representations in support of the application, and several of those had been made by residents living within the Brick Lane Cumulative Impact Zone (CIZ).
Mr. Lavell told the Sub-Committee that the applicant would be amenable to agreeing two of the conditions proposed by the Licensing Authority, namely requiring notices at smoking areas and for all staff authorised to sell alcohol to be authorised in writing by the DPS. He told the Sub-Committee that the applicant could not agree a condition requiring alcohol sales to be with a table meal, since the Premises would not operate as a restaurant, nor could he agree a condition prohibiting vertical drinking, as the Premises were very small and the nature of the operation meant that some people would inevitably be standing. Ms Lavell assured Members that excessive alcohol consumption was not part of the business model and something that would not be tolerated.
Mr. Lavell referred to the possible policy exceptions that applied to the premises, and explained that the Premises fitted within those, and was an exception within those rules, except for vertical drinking. It was noted that the applicant only sought off-sales for home delivery, rather than takeaway, and was also agreeable to the inclusion of a condition, if the Sub-Committee saw fit, to impose a condition restricting the sale of alcohol to fine, natural wine.
He further explained that the Environmental Health had not raised any concern regarding public nuisance and nor did the Police on any crime and disorder issues and instead agreed to conditions with the applicant.
Mr Lavell concluded that the premises met the exceptions as stated in the policy, the premises had a capacity of 50 persons or less, on sales of alcohol only and any off sales was for delivery only and no takeaway service. The hours were within the council framework hours with no sales of spirits, only natural fine wine.
Members then heard from Mr Mohshin Ali, Licensing Officer. He referred to his representation on page 144-147 of the agenda pack, and explained that one of the concerns had been the lack of any reference to the CIZ in the original application. He suggested that the Sub-Committee could include the restaurant condition if it saw fit, and explained that off-sales had been the other concern of the authority. He remained of the view that granting the application would still add to the impact on the area as people come and go from the area and from the Premises.
In response to questions the following was stated;
- The total capacity was made up of 20 persons seated and 30 persons standing.
- That there would be no drinking outside the premises and no off sales of alcohol would be made except for home delivery.
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.
Consideration
The Sub-Committee considered an application by Tanner Provisions Ltd. for a new premises licence to be held in respect of Oranj, Ground Floor Bacon Street, London, E1 6LF (“the Premises”). The application sought authorisation for the sale by retail of alcohol for consumption on and off the Premises from 09:00 hours to 23:00 hours Monday to Thursday, from 09:00 hours to 23:30 hours on Friday and Saturday, and from 09:00 hours to 22:00 hours on Sundays. The application attracted one representation against it, which was from the Licensing Authority. There were seventeen representations in support of the application.
Marcus Lavell, on behalf of the applicant, told the Sub-Committee that there were no objections from the responsible authorities, save for the Licensing Authority. Conditions had been agreed with the Metropolitan Police. No residents had made representations against the application; exceptionally, there were a number of representations in support of the application, and several of those had been made by residents living within the Brick Lane CIZ.
Mr. Lavell told the Sub-Committee that the applicant would be amenable to agreeing two of the conditions proposed by the Licensing Authority, namely requiring notices at smoking areas and for all staff authorised to sell alcohol to be authorised in writing by the DPS. He told the Sub-Committee that the applicant could not agree a condition requiring alcohol sales to be with a table meal, since the Premises would not operate as a restaurant, nor could he agree a condition prohibiting vertical drinking, as the Premises were very small and the nature of the operation meant that some people would inevitably be standing as they engaged with a sommelier. Excessive alcohol consumption was not part of the business model.
Mr. Lavell referred to the possible policy exceptions, and explained that the Premises fitted within those, save in respect of vertical drinking. The applicant only sought off-sales for home delivery, rather than takeaway, and was also amenable to the inclusion of a condition, if the Sub-Committee saw fit, to impose a condition restricting the sale of alcohol to fine, natural wine.
Mohshin Ali address the Sub-Committee on behalf of the Licensing Authority. He referred to his representation and explained that one of the concerns had been the lack of any reference to the CIZ in the original application. He suggested that the Sub-Committee could include the restaurant condition if it saw fit, and explained that off-sales had been the other concern of the authority. He remained of the view that granting the application would still add to the impact on the area as people come and go from the area and from the Premises.
None of those making supporting representations attended. Their representations were before the Sub-Committee. In brief, the representations indicated that the Premises would not add to public nuisance or crime and disorder within the CIZ and that the Premises would bring a positive impact to the area.
Having considered the application and the representations made in respect of the Premises, the Sub-Committee considered that the applicant had discharged the burden of showing that there would be no negative impact. Although not food-led, the operation was not focused on excessive alcohol consumption but on the tasting experience. The confirmation that off-sales would be by delivery only also assisted to ensure that there would be no additional impact on the CIZ. The small capacity and the adherence to framework hours similarly assured the Sub-Committee that the Premises would not adversely impact on the CIZ, particularly with regard to the night-time economy. The fact that there were representations in support from people living within the CIZ also gave the Sub-Committee comfort that this was an appropriate exception to the CIZ. The Sub-Committee determined that imposing the Licensing Authority’s suggested conditions that had been agreed would assist in the promotion of the licensing objectives, but that it was not appropriate or proportionate to impose the two disputed conditions, having regard to the impact this would have on the Premises. Similarly, the Sub-Committee considered that a condition restricting off-sales to delivery only would also promote the licensing objectives.
The application is therefore granted as sought and with the additional conditions indicated.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a New Premises Licence for Oranj, Ground Floor, 14 Bacon Street, London E1 6LF be GRANTED with conditions.
Sale of alcohol (on and off-sales)
Monday to Thursday 09:00 hours to 23:00 hours
Friday and Saturday 09:00 hours to 23:30 hours
Sunday 09:00 hours to 22:00 hours
Opening times
Monday to Thursday 09:00 hours to 23:30 hours
Friday and Saturday 09:00 hours to 00:00 hours
Sunday 09:00 hours to 22:30 hours
Conditions
1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police Licensing Team.
2. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
3. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.
4. 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 officers throughout the entire 31-day period.
5. 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 is open. This staff member must be able to provide Police or authorised Council officers with copies of recent CCTV images or data with the absolute minimum of delay when requested.
6. 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.
7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
8. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
9. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 50 persons.
10.A Challenge 25 proof of age schemes shall be operated at the preemies 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.
11.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 of the Council at all times whilst the premises is open.
12.An incident log shall be kept at the premises and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:
- all crimes reported to the venue;
- all ejections of patrons;
- any complaints received concerning crime and disorder;
- any incidents of disorder;
- any seizures of drugs or offensive weapons;
- any faults in the CCTV system, searching equipment or scanning equipment;
- any refusal of the sale of alcohol;
- any visit by a relevant authority or emergency service.
13.The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and in full working order.
14.The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
15.All sales of alcohol for consumption off the premises shall be by way of delivery only.
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.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.
Supporting documents:
- Oranj cover report - 5 July 22, item 3.2 PDF 360 KB
- Oranj Appendices Only - 5 July 22, item 3.2 PDF 30 MB