Agenda item
Application for a new Premise Licence for Chaiiwala, 55 Brick Lane, London E1 6PU
Licensing Objectives:
· The prevention of Public Nuisance
· The prevention of Crime and Disorder
Representations:
· Resident
· Environmental Protection
Spitalfields & Banglatown Ward
Minutes:
The Sub-Committee considered an application for a new premises licence to be held by Brick Lane Chai Ltd. in respect of Chaiiwala, 55 Brick Lane, London, E1 6PU (“the Premises”). The application originally sought authorisation for the provision of late night refreshment from 23:00 hours to 23:30 hours Monday to Thursday and from 23:00 hours to midnight on Friday and Saturday. Non-standard timings to 02:00 hours during Ramadan and on Eid were also sought.
Following discissions with the Licensing Authority, the application was amended so as to apply on Friday and Saturday only, with the non-standard timings to remain.
Objections were received from the Environmental Health Service and from a local resident. These were based on the licensing objective of the prevention of public nuisance.
Applicant
The Sub-Committee heard from the Applicant’s agent, Mr. Rathore, who said that there was no logical basis on which to refuse the application. The application was only for late night refreshment and the Premises catered to people who might want to socialise later but without alcohol. The operator was a franchisee, who operated several other branches in London, including one in Bethnal Green, without any problems. The capacity was around 50 patrons and the hours sought had been significantly reduced as a result of the representations. The Applicant had tried to engage with the Noise Service, without success, and would accept their proposed conditions if the Sub-Committee saw fit to impose them. Mr. Rathore suggested that the resident making a representation was speculating and there was no evidential basis for suggesting there would be problems.
The Sub-Committee heard from Ibraheem Elias, who spoke briefly to the representation from his service. The resident was not in attendance.
During questions the Applicant explained that there was demand for the later opening times during Ramadan. They had experience of this in their other premises and had never had problems with the police or other responsible authorities. The Sub-Committee was told that people did not tend to congregate outside late at night; they were more likely to be inside the Premises. To ensure adequate control over younger people, especially during Ramadan, they ensured that the store manager was on duty for the evening shifts.
This application engaged the licensing objective of the prevention of public nuisance. The Sub-Committee noted that the Premises were located in the Brick Lane Cumulative Impact Zone (CIZ) and thus it was for the applicant to rebut the presumption that the grant of the licence would impact on the CIZ. Whilst the applicant asserted that they fell within an exception, that was not entirely correct. The Policy indicated what may justify an exception rather than what will justify an exception. Similarly, that the application was for late night refreshment did not justify an exception given that the policy specifically applies to premises selling alcohol and premises providing late night refreshment.
Furthermore, new licence applications invariably require a degree of speculation given that the focus is on the likely impact. This is reflected in the statutory guidance at paragraph 9.4. However, given that the Premises is open, albeit not at the later hours sought, the Sub-Committee would expect to have seen some evidence of public nuisance arising from the operation of the Premises. There was none.
The Sub-Committee therefore did consider that the applicant had rebutted the presumption. They were a food-led business and would be operating to framework hours. The Sub-Committee noted the reduction in hours during the week, which further mitigated any potential impact. A number of conditions had been agreed with some of the responsible authorities, which would also ensure that there would be no impact.
The Sub-Committee noted the supporting information provided by the resident. The reference to the Licensing Sub-Committee hearing in Nottingham was not relevant, given that it was not clear that it was the same franchisee. In any event, however, it was a different premises in a very different area. The photos and videos provided did not, in the Sub-Committee’s view, demonstrate any issues of public nuisance. The lack of any evidence arising from the operation of the Premises at present, particularly nearer to closing time, indicated that there was no reason to consider that there would be issues were the Premises to be permitted to open later on Friday and Saturday, which are normally days on which licensed premises are permitted to open later. For these reasons, the Sub-Committee was similarly not satisfied that granting the non-standard timings would adversely impact upon the licensing objectives.
The Sub-Committee further considered that some of the conditions proposed by the Noise Service would also be appropriate and proportionate for the promotion of the licensing objectives. Proposed conditions 1 and 3 were not imposed. In respect of 1, the Premises was not applying for the provision of regulated entertainment, it was not clear that they had a lobby and, in any event, placing loudspeakers on the street was covered by other legislation. Similarly, proposed condition in essence prohibits the Premises from causing a public nuisance, which is already prohibited by law. Conditions should not duplicate other statutory requirements or obligations, nor should they replicate offences in the 2003 Act or other legislation.
Decision
The application is therefore granted with the amendments and conditions as set out below:
Provision of late night refreshment
Friday and Saturday 23:00 hours to 00:00 hours
Non-standard timings During the holy month of Ramadan and on Eid, from 23:00 hours until 02:00 hours on the following day.
Opening times of the Premises
Monday to Thursday 08:00 hours to 00:00 hours
Friday and Saturday 08:00 hours to 00:30 hours
Sunday 08:00 hours to 23:00 hours
Conditions
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. An incident log shall be kept at the premises and record all incidents of crime and disorder associated with the premises. The incident log shall be made available on request to an authorised officer of the Council or the Police.
3. Signs shall be prominently displayed both inside and outside the premises asking customers to respect local residents and be quiet when leaving the premises.
4. Clear Signage to be placed in the restaurant windows stating that the premises supports the Council’s ‘No Touting’ policy.
5. Patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke shall be limited to five persons at any one time.
6. There shall be no idling of any vehicles by business customers or drivers associated with the premises.
Supporting documents:
- BrickLane55, item 3.1 PDF 355 KB
- Brickla55.Appx.RED_pdfa, item 3.1 PDF 5 MB
- Chaiiwala, 55 Brick Lane - Petition, item 3.1 PDF 13 MB