Licensing Objectives:

· The prevention of public nuisance

Representations by:

- Environmental Protection

Ward: Spitalfields & Banglatown

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 virtually from Ms Cadzow Environmental Protection.

The Sub-Committee considered an application for a new premises licence by the Applicant, Chicos London Ltd., in respect of premises at 28 Osborn Street London E11 6TD.  These premises fall within the Brick Lane Cumulative Impact Area.

The hours applied for were as follows:

Provision of Late Night Refreshments (indoors)

Monday – Sunday from 12:00 – 00:00 hours

Non-Standard Timings

During the month of Ramadan, we may wish to stay open past 00:00 hours for those fasting

Opening times

Monday – Sunday from 12:00 – 00:00 hours

Non-Standard Timings

The month of Ramadan we intend to open from 6pm- 1am

The Sub-Committee noted that the premises are in a cumulative impact zone (CIZ), and so, the effect of premises subject to a licensing application being in a CIZ is that there is a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons objecting to the application, the application will be refused.

The Sub-Committee noted that according to paragraphs 19.7 and 19.8 of the Council’s Statement of Licensing Policy, an Applicant can rebut the above presumption if they can demonstrate that their application for a premises licence would not undermine any of the four licensing objectives by not adding to the cumulative impact of licensed premises already in the CIZ.

Applicant

The Sub-Committee took into account clarification by the Applicant that the application erroneously sought a licence to provide late night refreshment from 12 noon, and that the Applicant accepted that late night refreshment only applied from 23:00hrs., so clarifying that late night refreshment was sought for one hour up to 0:00hrs., the premises was situated in a popular street, it was straightforward were the premises was situated.

The Sub-Committee noted the Applicant’s clarification that the proposed extended opening hours during the month of Ramadan be for two hours from 23:00hrs.   

The Sub-Committee noted that the Applicant described the premises as a restaurant serving hot and cold food for consumption off and on the premises with a capacity of up to 50 people, that the application was food-led with food to be sold via delivery apps. such as UberEats, and that the proposed hours did not extend much beyond framework hours.

Decision

The Sub-Committee were satisfied in light of all the above that there were exceptional circumstances, and that granting the application would not add to the cumulative impact of existing licensed premises within the CIZ.

Therefore, Members made a unanimous decision to Grant the application.

Accordingly, the Sub-Committee unanimously;

RESOLVED

That the application for a late night refreshment licence in respect of Chicos Ltd 28 OSBORN Street London E1 6TD, with the stipulation that during the month of Ramadan, the non-standard opening hours be until 01:00hrs.,

 be GRANTED with conditions: -

Conditions agreed with the Police

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;

g) any visit by a relevant authority or emergency service.

4. The premises shall have a dispersal plan to ensure customers leave the

premises quickly and do not cause nuisance to residents. This policy is to

be written down and reviewed annually, and made available to Police or

the local authority upon request.

Conditions requested by Environmental Protection

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

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

 3. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.

4. 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.

5. No idling of delivery vehicles outside the premises, no drivers shouting or raised voices, nor loud music/radios, whilst the premises are in operation.

6. The premises licence holder will display notices within their premises requesting that delivery drivers remain respectful of neighbours by keeping noise to a minimum whilst waiting outside the premises to collect deliveries.