Agenda item
Application for a new premises licence to consider for Belles Beauty Bar, 105 Burdett Road, London E3 4JN
Licensing Objectives:
· Crime and disorder
· Public nuisance
· Protection of children from harm.
Representations:
· Residents
Ward: Mile End
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 the written representations which were submitted in the agenda pack by residents.
The Sub-Committee considered an application for a new premises licence by the Applicant,This is an application for a premises licence for (Belles Beauty Bar), 105 Burdett Road, London E3 4JN.
The applicant has described the premises as:
Belles Beauty Bar occupies the ground floor of 105 Burdett Road in Bow and is a beauty salon. Alcohol will only be sold or supplied to those clients and their companions, over the age of 18, who are visiting the premises for the purposes of a beauty treatment services appointment.”.
The licensable activities and timings that have been applied for are as follows:
The sale by retail of alcohol (On sales only)
Monday to Sunday, from 11:00 hrs to 18:30 hrs the following day
Hours premises are open to the public
Monday to Sunday, from 10:00 hrs to 19:00 hrs the following day
Applicant
The Sub-Committee took into account the written and oral representations from the Applicant. The Sub-Committee noted the Applicant representing in particular that there had been a miscommunication amongst local residents and businesses with the vicinity with regard to the nature of the business and the context in which alcohol was to be supplied. The Sub-Committee were satisfied that the premises was a beauty salon offering beauty services with a complimentary drink to be offered ancillary to the services provided, and so this was not to be a bar.
The Sub-Committee noted that one of the conditions offered by the Applicant was that “The premises will operate as a beauty salon with the sale and supply of alcohol being ancillary to that business purpose.”
Resident
The Sub-Committee took into consideration the written and oral representations from a resident, Mr Hayder, who outlined the details of the residents’ petition to the Sub-Committee and was concerned that the Applicant would not adhere to the licensing objectives.
The Sub-Committee took into account the Applicant’s confirmation that a complimentary drink would be offered to clients who have made a booking as part of a package e.g. a bridal party booking, and that the Applicant would not be offering alcohol to walk in clients or clients that have not purchased a package. The Sub-Committee also took into account the Applicant’s confirmation that ID checks would be made to verify age, where necessary to do so.
The Sub-Committee took into account the Applicant’s confirmation that the business would be playing background music in the salon, which would not be a disturbance to the residents in the area
The Sub-Committee took into account the fact that the Applicant had operated without issues or complaints under a TEN between the 15th -21st April 2023.
Whilst the Sub-Committee considered the issues raised by Mr Hayder, who was concerned about how the Applicant would accommodate 20-30 clients with only 3 chairs in the salon, the Sub-Committee were satisfied on the balance of probability that this establishment was clearly a beauty salon and not going to be a bar, and that the Applicant was an experienced beautician, seeking to offer alcohol complimentary to services provided by her beauty salon. Whilst understanding the objections made, the Sub-Committee considered that those were based upon a misunderstanding of the nature and context in which alcohol was to be offered. The ancillary provision of alcohol by a beauty salon, who had offered conditions including one expressly saying that alcohol would be provided ancillary to that business was not going to be a venue where alcohol would likely fuel crime and disorder or public nuisance, nor was it by nature, the type of business likely to cause public nuisance by way of noise disturbance.
Decision
RESOLVED
That the application for a new premises license in respect of Belles Beauty Bar, 105 Burdett Road, London E3 4JN.
be GRANTED with conditions: -
The premises will operate as a beauty salon with the sale and supply of alcohol being ancillary to that business purpose.
1. A written notice of ‘authority’ record for all staff who sell alcohol shall be available for inspection by the responsible authorities.
2. A comprehensive training for staff in the main requirements of the Licensing Act 2003, the specific measures and conditions in place to promote the Licensing Objectives and the staff roles and responsibilities. Such records shall be available for inspection by the responsible authorities.
3. Contact details of the Designated Premises Supervisor available to staff and to the responsible authorities.
4. The premises will operate as a beauty salon with the sale and supply of alcohol being ancillary to that business purpose.
5. Alcohol may only be sold for consumption on the premises to those clients over the age of 18 who are visiting the premises for a beauty treatment appointment. Alcohol may also be purchased by the friend, companion or guest of a customer who is attending for that purpose.
6. Staff being trained on all security issues including how to identify and refuse service to customers that are drunk or appear to be drunk.
7. Alcohol will not be allowed to be removed from the premises in open vessels or containers.
8. Notices shall be displayed to indicate that any customer not appearing to have reached the age of 25 will be required to produce appropriate identification proving that they have turned 18 before being served with any age restricted product.
9. Staff shall be trained in aspects of responsible alcohol retailing and in particular the Protection of Children including the Challenge 25 policy.
10. Staff training will occur before a staff member is authorised to ‘sell’ alcohol within the premises.
11. Staff training records will be available for inspection by the police or other responsible authority upon request.
12.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.
13.A Challenge 25 proof of age scheme shall be operated by the licence holder and any third party courier/delivery agent, 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.
14. 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.
15.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.
16.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
17.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: