Agenda item
Application for a new premises licence in respect of Snack N That 381 Bethnal Green Road E2 0AN
Licensing Objectives:
· Prevention of Public Nuisance
· Prevention of Crime and Disorder
Representations:
· Licensing Authority
Ward: Bethnal Green West
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 licensing 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 meeting.
The Sub-Committee noted from the report, that this was an application for a new premises licence for Snack N That, 381 Bethnal Green Road, London, E2 0AN, located in the Brick Lane Cumulative Impact Zone.
The Sub-Committee noted that the applicant described the premises as: A grocery shop specialising in American sweets and alcohol, and that the
hours applied for were:-
Sale of alcohol (off sales)
Monday to Sunday 10:00 hours - 23:00 hours
Hours open the public
Monday to Sunday 10:00 hours - 23:00 hours
The Sub-Committee noted that the applicant was targeting a market in specialist alcoholic drinks, mostly craft beers and American beers, and that he had had feedback from existing customers to specialise in this type of business. The Sub-Committee noted the applicant presenting his shop as a family run business, always manned by two people, against whom there had been no complaints.
The Sub-Committee recognised that the applicant had presented an operating schedule, which would suffice for premises not situated in a cumulative impact zone.
However, the Sub-Committee could not ignore the fact that the premises are in a cumulative impact zone. The Sub-Committee was concerned that the applicant had overlooked the following.
Paragraph 19.6 of the London Borough of Tower Hamlets’ Statement of Licensing Policy, which the applicant and the general public could view on the Council’s website says, “The Special Cumulative Impact policy creates a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons against applications within the CIZ zones the application will be refused.”
Paragraph 19.7 of the same says, “Where representations have been received in respect to applications within the CIZ zones the onus is on applicants to adequately rebut the presumption. Applicants will need to demonstrate in their applications why the granting of their application will not negatively add to the cumulative already experience within the CIZ Zones. Applicants may wish to address the following in their applications:
• Genuinely exceptional circumstances,
• Relevant good practices they employ (for example, this could include details of membership of local Pubwatch/other trade groups,
• Accreditation of Award Schemes (as applicable), and any participation in Police/Council initiatives),
• Other good operational/practice arrangements in respect of any outside drinking and smoking to control potential impact in the area,
• Measures used to promote the licensing objectives (for example, any relevant conditions to control noise, dispersal, litter and other anti-social issues.”
Paragraph 19.8 of the same says, “This Policy will be strictly applied and where relevant representations are received it is the view of the Council that the application will be refused. Applicants will need to demonstrate that there are exceptional circumstances and that granting their application will not negatively add to the cumulative effect on the Licensing Objectives within the Brick Lane and Bethnal Green CIZ if they wish to rebut this presumption.
Examples of factors the Licensing Authority may consider as exceptional may include, though are not limited to:
• small premises with a capacity of fifty persons or less who only intend to operate during Framework Hours,
• premises which are not alcohol led and operate only within Framework Hours, such as coffee shops,
• instances where the applicant has recently surrendered a licence for another premises of a similar size and providing similar licensable activities in the same Special Policy Area.
Examples of factors the Licensing Authority will not consider as exceptional include:
• that the premises will be well managed and run,
• that the premises will be constructed to a high standard,
• that the applicant operates similar premises elsewhere without complaint. “
The Sub-Committee felt that where premises are in a cumulative impact zone, applicants seeking a licence under the Licensing Act 2003 should be mindful of all the above implications and should address that in their proposed operating schedule. For the avoidance of doubt, an operating schedule which would be sufficiently robust for premises outside a cumulative impact zone, would not automatically suffice for premises in such a zone, if it does not address how a grant of the application will not result in an adding to the cumulative impact of crime and disorder and public nuisance in that zone. The Sub-Committee reflected that it is open to applicants to seek professional advice on this, and that when asked, the applicant said he had not done so.
The Sub-Committee noted the applicant confirming at the hearing that he had not heard of cumulative impact zones. The Sub-Committee were concerned to note the applicant saying that he had no understanding of the implications of seeking a licence to sell alcohol in a cumulative impact zone, nor experience of selling alcohol in premises in a cumulative impact zone.
The Sub-Committee considered that if they granted the application, they could not be confident that, it would not lead to an addition to the cumulative impact in the area.
Therefore, Members made a unanimous decision to refuse the application.
Accordingly, the Sub-Committee unanimously;
RESOLVED
That the application for a new premises licence in respect of Snack N That 381 Bethnal Green Road E2 0AN be REFUSED
Supporting documents: