Agenda item
Application for a new Premise Licence for Unit 3 Hampton Tower, South Quay Plaza, 75 Marsh Wall, London, E14 9WS
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 Unit 3 Hampton Tower, South Quay Plaza, 75 Marsh Wall, London, E14 9WS. It was noted that objections had been by local residents in relation to the prevention of public nuisance. The application sought authorisation for the sale by retail of alcohol for consumption on the Premises from 11:30 hours to 22:30 hours seven days per week.
The application attracted one representation from a local resident, Genevieve Woods, on the basis of the prevention of public nuisance. Ms. Woods did not seek refusal of the licence; rather, the issue between the parties was as to the imposition of additional conditions. A number of conditions had been agreed between the applicant and the responsible authorities.
The Sub-Committee heard from Mr. Buckworth, solicitor for the applicant. He briefly outlined the nature of the application and confirmed that alcohol sales would be ancillary to meals. He addressed the conditions sought by Ms. Woods. As regards smoking, a condition had been agreed with the Noise Officer, which included the number of persons permitted to enter and re-enter. Conditions had been agreed with the Police, which included no off-sales. There was a restricted time frame for deliveries to the Premises already, which were included in the lease. Finally, there were also conditions in the lease which addressed the issue of waiting delivery drivers. There was no objection if the Sub-Committee was minded to impose a condition dealing restricting deliveries to the Premises, since there was already a more restrictive condition imposed by the lease.
Ms Woods told the Sub-Committee that the building would be the largest residential building in the UK, with 600 residential flats above the Premises. There was the potential for those residents to be disturbed by anti-social behaviour.
As far as smoking was concerned, she already could smell smoke from other premises. She asked that the smoking area be located away from the building. She also asked that agreed condition 3 from the Noise Service, which dealt with people leaving the Premises to smoke, should include staff. She asked that alcohol be sold as ancillary to meals and sought a condition which limited waiting by delivery drivers.
In response to questions the following was noted;
- Mr. Buckworth confirmed that there was no objection to a condition that alcohol be sold as ancillary to a meal and a condition restricting the emptying of bottle banks.
- It was noted that having the smoking area located away from the Building was potentially problematic as the lease placed restrictions on where people could congregate and any such smoking area would need to be agreed with the landlord.
- That the applicant was amenable to seeking to reach an appropriate agreement with the landlord, if possible.
- It was suggested by the Legal Adviser that one possible way to deal with this would be to prohibit smoking immediately outside the Premises.
Decision
The Sub-Committee was satisfied that it was appropriate and proportionate to grant the licence for the hours sought. The application was modest and it was not suggested that conditions would not be appropriate to mitigate any impact on the licensing objectives. Several conditions had been agreed. The main concern of Ms. Woods related to the licensing objective of the prevention of public nuisance and the real issue for the Sub-Committee was whether or not it was appropriate to impose additional conditions to address those concerns.
The Sub-Committee was satisfied that it was appropriate and proportionate to impose conditions that alcohol be sold as ancillary to a meal, restricting delivery times to the Premises, and restricting the times at which bottle banks could be emptied. The Sub-Committee did not consider it appropriate to impose conditions restricting waiting by delivery drivers as deliveries were not related to the licensable activity; there was no late-night refreshment nor was alcohol being sold by way of delivery. As regards smoking, the Sub-Committee accepted that there may be practical difficulties in requiring the applicant to locate the smoking area away from the frontage of the Premises and considered that it would suffice to simply restricts smoking within that area.
The application is therefore granted as sought and with the agreed conditions and those additional conditions imposed by the Sub-Committee:
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new premises licence for Zia Lucia, Unit 3 Hampton Tower, South Quay Plaza, 75 Marsh Wall, London, E14 9WS be GRANTED with conditions.
Sale by retail of alcohol (for consumption on the premises)
Monday to Sunday 11:30 hours – 22:30 hours
Opening hours
Monday to Sunday 11:30 hours to 22:30 hours
Conditions
1. No glass to be taken outside by customers after 22:00 hours.
2. To ensure all litter is removed from outside the premises.
3. Unaccompanied children shall not be permitted on the premises.
4. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which will record the following:
(a) All crimes reported;
(b) All ejections of patrons;
(c) Any complaints received concerning crime & disorder;
(d) Any incidents of disorder;
(e) All seizures of drugs or offensive weapons;
(f) Any faults in the CCTV system;
(g) Any refusal of the sale of alcohol;
(h) Any visit by a relevant authority or emergency service.
5. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
a) The police (and, where appropriate, the London Ambulance Service) are called without delay;
b) The crime scene is preserved (where possible) so as to enable a full forensic investigation to be carried out by the police;
c) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
6. 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.
7. No open containers of alcohol to be taken outside the premises.
8. A record shall be kept detailing all refused sales of alcohol. The record must include the date and time of the refused sale, the name of the member of staff who refused the sale and the reason for the refusal. The record shall be available for inspection at the premises by a police or Authorised Council Officer all times whilst the premises is open.
9. 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.
10.A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises (or immediately contactable) 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.
11.Loudspeakers shall not be located in the entrance lobby or outside the premises building.
12.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
13.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.
14.No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a public nuisance.
15.All sales of alcohol shall be ancillary to a table meal.
16.Deliveries to the premises and refuse collections shall not take place before 07:00 hours and after 20:00 hours.
17.There shall be no emptying of bottle bins and banks between 20:00 hours and 07:00 hours.
18.Patrons shall not be permitted to smoke within ten feet of the frontage of the Premises.
Supporting documents:
- Zia Lucia cover report - 27 Oct 22, item 4.1 PDF 356 KB
- Zia Lucia Appendices Only - 27 Oct 22, item 4.1 PDF 7 MB
- Supporting Doc - Zia Lucia - 27 Oct 22_pdfa, item 4.1 PDF 2 MB