Agenda item
Application for a Premises Licence The Shell French Seafood Restaurant Ltd, ground floor & basement 3 Discovery Dock East South Quay Square London E14 9RU
Licensing Objectives:
· Public Nuisance
Representations by:
- Resident
Ward: Canary Wharf
Decision:
The Sub-Committee considered an application by the Shell French Seafood Restaurant Ltd. for a new premises licence to be held in respect of 3 Discovery Dock East, South Quay Square, London, E14 9RU (“the Premises”). The application originally sought authorisation for the sale of alcohol and provision of regulated entertainment from 11:00 hours to midnight Monday to Saturday and from 11:00 hours to 23:00 hours on Sunday. The proposed times at which the Premises would be open to the public mirrored the proposed times for licensable activity.
Several representations were received against the application from local residents. These were in the main concerned with the licensing objective of the prevention of public nuisance.
The Sub-Committee heard from the applicant and was told that as a result of the representations the application had been amended. The application now sought licensable activity until 22:00 hours seven days per week and the closing time would be amended to 22:30 hours every day. Some of those making representations had withdrawn their representation as a result. The applicant had not heard from the others.
The applicant confirmed that the Premises would be run as a restaurant and that the music sought would be classical. It would not be dance or rock music. It was further clarified following a question from the Legal Adviser that the music would be played at background level and the Sub-Committee was advised that if so, it would not be licensable during the hours sought.
Various conditions had been agreed with the responsible authorities.
Two of those making representations, Mr. Polin and Ms. Jacquens, attended online. They confirmed that as a result of the amendments they were satisfied that their concerns as to public nuisance were assuaged.
The Sub-Committee noted that this application engaged the licensing objective of the prevention of public nuisance. The Sub-Committee noted the representations, many of which appeared to be identical to all intents and purposes, which expressed concern as to the possible nuisance that might arise from a Premises operating to midnight in a residential area. Most had suggested that other restaurants in the area closed at around 22:30 hours and that the applicant should seek to do the same.
In light of the amendments proposed by the applicant along with the agreed conditions, the Sub-Committee was satisfied that the licensing objectives would not be undermined by granting the application. The application is therefore granted with the hours and conditions as set out below. In light of the fact that the Premises did not intend to carry on the provision of recorded music and which is, due to the deregulation provisions, not licensable in these circumstances, the Sub-Committee has excluded it from the scope of the licence.
Sale by retail of alcohol (on-sales only)
Monday to Sunday 11:00 hours to 22:00 hours
Hours the premises are open to the public
Monday to Sunday 11:00 hours to 22:30 hours
- The DPS will keep an up to date written record showing the names of all staff members who are authorised to sell alcohol on the premises.
- Evening events will be pre booked events with numbers carefully controlled along with those who are invited guests only.
- Any children in the bar area must be accompanied by an adult after 21:00 hours.
- 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.
- 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.
- 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;
g) any refusal of the sale of alcohol;
h) any visit by a relevant authority or emergency service.
- 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) 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) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
- 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.
- The premises shall only operate as a restaurant where the sale of alcohol is ancillary to the sale of alcohol.
- The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- Loudspeakers shall not be located in the entrance lobby, or outside the premise building.
- All windows and external doors shall be kept closed when regulated entertainment takes place, except for the immediate access & egress of persons.
- 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.
- No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a public nuisance.
Minutes:
The Sub-Committee considered an application by the Shell French Seafood Restaurant Ltd. for a new premises licence to be held in respect of 3 Discovery Dock East, South Quay Square, London, E14 9RU (“the Premises”). The application originally sought authorisation for the sale of alcohol and provision of regulated entertainment from 11:00 hours to midnight Monday to Saturday and from 11:00 hours to 23:00 hours on Sunday. The proposed times at which the Premises would be open to the public mirrored the proposed times for licensable activity.
Objections
Several representations were received against the application from local residents. These were in the main concerned with the licensing objective of the prevention of public nuisance.
The Sub-Committee heard from the applicant and was told that as a result of the representations the application had been amended. The application now sought licensable activity until 22:00 hours seven days per week and the closing time would be amended to 22:30 hours every day. Some of those making representations had withdrawn their representation as a result. The applicant had not heard from the others.
The Applicant
The applicant confirmed that the Premises would be run as a restaurant and that the music sought would be classical. It would not be dance or rock music. It was further clarified following a question from the Legal Adviser that the music would be played at background level and the Sub-Committee was advised that if so, it would not be licensable during the hours sought.
Various conditions had been agreed with the responsible authorities.
Two of those making representations, Mr. Polin and Ms. Jacquens, attended online. They confirmed that as a result of the amendments they were satisfied that their concerns as to public nuisance were assuaged.
Decision
The Sub-Committee noted that this application engaged the licensing objective of the prevention of public nuisance. The Sub-Committee noted the representations, many of which appeared to be identical to all intents and purposes, which expressed concern as to the possible nuisance that might arise from a Premises operating to midnight in a residential area. Most had suggested that other restaurants in the area closed at around 22:30 hours and that the applicant should seek to do the same.
In light of the amendments proposed by the applicant along with the agreed conditions, the Sub-Committee was satisfied that the licensing objectives would not be undermined by granting the application. The application is therefore granted with the hours and conditions as set out below. In light of the fact that the Premises did not intend to carry on the provision of recorded music and which is, due to the deregulation provisions, not licensable in these circumstances, the Sub-Committee has excluded it from the scope of the licence.
Sale by retail of alcohol (on-sales only)
Monday to Sunday 11:00 hours to 22:00 hours
Hours the premises are open to the public
Monday to Sunday 11:00 hours to 22:30 hours
- The DPS will keep an up to date written record showing the names of all staff members who are authorised to sell alcohol on the premises.
- Evening events will be pre booked events with numbers carefully controlled along with those who are invited guests only.
- Any children in the bar area must be accompanied by an adult after 21:00 hours.
- 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.
- 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.
- 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;
g) any refusal of the sale of alcohol;
h) any visit by a relevant authority or emergency service.
- 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) 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) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
- 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.
- The premises shall only operate as a restaurant where the sale of alcohol is ancillary to the sale of alcohol.
- The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- Loudspeakers shall not be located in the entrance lobby, or outside the premise building.
- All windows and external doors shall be kept closed when regulated entertainment takes place, except for the immediate access & egress of persons.
- 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.
- No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a public nuisance.
Supporting documents:
- SouthQuay3DiscoveryDockEst, item 3.2 PDF 368 KB
- SouthQuay3DiscoveryDockEst.Appx.RED, item 3.2 PDF 6 MB