Agenda item
Application for a variation of a premises licence for (Soda and Friends), Unit 2a, 20 Hopewell Square, London E14 0SY
Licensing Objectives
· The Prevention of Public Nuisance
Representations by:
- Resident
Blackwall & Cubitt Town Ward
Minutes:
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 licencing objectives:
· The Prevention of Crime and Disorder;
· Public Safety;
· The Prevention of Public Nuisance; and
· The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard the oral representations at the meeting in person from the Applicant, and Resident.
The Sub-Committee considered an application for a variation of a premises licence by the Applicant, Soda Bars Limited, represented by the Designated Premises Supervisor, Mr Nathan Brown, in respect of Soda and Friends Unit 2a, 20 Hopewell Street Square London E14 0SY to vary the sale of alcohol for on and off sale to add regulated entertainment namely live music The Applicant was seeking the following:
The sale by retail of alcohol (on and off sales)
· Monday to Thursday, from 07:00 hrs to 23:00 hrs (No change)
· Friday and Saturday, from 07:00 hrs to 00:00 hrs (midnight)
· Sunday, from 07:00 hrs to 22:30 hrs (No change)
The provision of regulated entertainment – Indoors
(Recorded music)
· Monday to Thursday, from 07:00 hrs to 23:00 hrs
· Friday and Saturday, from 07:00 hrs to 00:00 hrs (midnight)
· Sunday, from 07:00 hrs to 22:30 hrs)
The provision of late night refreshment – Indoors and outdoors
· Monday to Thursday, from 07:00 hrs to 23:00 hrs (LNR not required)
· Friday and Saturday, from 07:00 hrs to 00:00 hrs (midnight)
· Sunday, from 07:00 hrs to 22:30 hrs (LNR not required)
LICENSING OFFICER COMMENTS: The provision of late night refreshment starts at 23:00 hrs. The applicant has stated “Background music only” under late night refreshment.
The opening hours of the premises
· Monday to Thursday, from 07:00 hrs to 23:30 hrs
· Friday and Saturday, from 07:00 hrs to 00:30 hrs the following day
· Sunday, from 07:00 hrs to 22:30 hrs
Applicant
The Sub-Committee noted from Mr Harris, resident who made the objection, that on Saturday 28th February, the Noise Team had visited the property and confirmed that there was a disturbance and that it was extremely loud hitting ninety decibels.
Paragraphs 2.15 and 2.17 of the Secretary of State’s guidance given under S182 of the Licensing Act 2003 points licensing authorities to the need to ensure that any conditions attached with regard to the prevention of public nuisance should be proportionate in upholding that licensing objective.
A condition which is disproportionate for a greater number of hours, can be more proportionate for a shorter number of hours, by being less onerous over a shorter period of time on any given day.
The Sub-Committee took into account the licensing objective of preventing public nuisance.
The Sub-Committee considered that a condition regarding the installation and operation of a sound limiter, would not be disproportionate, if it only applied after 23:00 hours.
The Sub-Committee considered that between the hours of 23:00 hours to 24:00 hours, public nuisance would be caused by transmission of music through the flats and the risk of excessive noise. Therefore, the Sub-Committee decided to refuse regulated entertainment and this to be stopped at 23:00 hours. The Members made a decision to Grant the application with the installation of a sound limiter and for those reasons only.
Accordingly, the Sub-Committee unanimously;
Decisison
That the application for a variation of a premises license in respect of Soda and Friends Unit 2a, 20 Hopewell Street Square London E14 0SY
be GRANTED with conditions: -
Conditions imposed by the Licensing Sub-Committee
1. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
2. The noise limiter shall be operated from 23:00 hours to 00:00 hours, whenever any music is being played during that hour.
Conditions offered by the Applicant
3. No open alcoholic containers shall leave the premises.
4. All employees will sign declaration of awareness of social and legal responsibilities regarding sale of alcohol.
5. There shall be no external speakers.
Conditions agreed with the Licensing Authority
6. 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. (To replace condition 3 of Annex 2 on the current premises)
7. 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.
8. 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.
9. Alcohol shall only be delivered to a residential or business address and not to a public place or vehicle.
Supporting documents: