Agenda item
Application for a new Premise Licence for Café Brera, 31 Westferry Circus, London, E14 8RR
Licensing Objectives:
· The prevention of public nuisance and
· The prevention of crime and disorder
Representations:
· Residents
Ward: Canary Wharf
Minutes:
The Sub-Committee considered an application by Café Brera, 31 Westferry Circus, London, E14 8RR (“the Premises”) for a new Premise Licence. Representations on this application had been received from local residents.
The Sub-Committee then heard representations from
- Kevin Bell (resident)
- Kamal Gardiner (resident)
- JonathanAlvin (resident)
- Arlene Auf Der Mauer on behalf of the Premises.
Applicant
The Sub-Committee heard from Ms. Auf der Mauer on behalf of the applicant. She explained that regulated entertainment should not have been sought as music would be played at background levels only. She had attended the Premises and carried out noise measurements and the maximum level recorded had been 70dB. The applicant had sought to mediate with local residents and arranged a meeting, although only six or seven of them attended.
Ms. Auf der Mauer indicated the possibility that patrons of other premises were being mistaken as patrons of Café Brera and referred to Royal China, which operated until about 23:00 and Gaucho which operated to midnight. She also queried whether the police had been called to the Premises under the previous management and, if not, why it should be assumed that there would be problems in this case.
During questions Ms. Auf der Mauer confirmed that the Premises intended to operate as a restaurant and not as a bar. The applicant was amenable to a condition prohibiting vertical drinking, should the licence be granted. This would be the case both inside and outside the Premises. The management were aware of the need to render unusable the tables and chairs outside and that they had been advised to start doing that earlier than the 21:00 hours cut-off. The tables and chairs would be taken off display and stacked away from the area. Ms. Auf der Mauer confirmed to the Legal Adviser that amended plans could be submitted, if the application were granted, so as to make clear the area where licensable activity would take place. At present, the only red line
Residents
Mr. Bell addressed the Sub-Committee in respect of his representation. He informed the Sub-Committee that the other premises nearby did not form part of the fabric of the building in which he lived, whereas Café Brera did. He expressed concerns as to what the applicant was seeking to do and whether it intended to operate as a bar or a restaurant. He referred to an advert for two-for-one cocktails. He expressed concern about the provision of off-sales of alcohol. He noted that some progress had been made as a result of the negotiations with the police and environmental health but this did not allay his concerns.
Ms. Gardiner spoke to her representation and that her and her husband had bought their flat twenty-three years ago when Café Brera first opened. Their daughter now lived there and worked a lot from home and therefore needed peace and quiet.
Mr. Alvin echoed the sentiments of Mr. Bell and Ms. Gardiner. He told the Sub-Committee that there was a speaker outside which had not been used.
In concluding remarks, Mr. Bell expressed concern that the applicant was not present. He remained unclear of the intention behind the Premises and whether it was a bar or a restaurant and why they needed music. He suggested that in light of the suggested changes the process ought to start again.
Ms. Gardiner expressed a similar view and how it could be ensured that the tables and chairs stacked and that music noise would not escape and the doors opened in summer.
Mr. Alvin too expressed concern at the applicant not being present and that his concerns remained unallayed.
Ms. Auf der Mauer explained that the two-for-one cocktails sign was an old one and that the other side of it advertised coffee. The Premises was not serving alcohol at present. There was no reason to believe that the Premises would have any adverse impact on residents.
During the submissions by the residents the Sub-Committee’s questions and concerns were answered and responded to.
Decision
The decision for the Sub-Committee is to assess the likely impact upon the licensing objectives and determining what measures will be appropriate and proportionate for mitigating that impact. The Sub-Committee has paid particular regard, among other things, to paragraphs 9.42 to 9.44 of the Statutory Guidance. In the context of a new application that is not within a Cumulative Impact Zone, which is the case here, a refusal of the application can only be where all other measures, such as conditions and/or the removal of other licensable activity from the scope of the licence, will not suffice to promote the licensing objectives. The Sub-Committee was not satisfied that the evidence it heard justified a refusal of the application. It was a relatively modest application and one which had been reduced further in scope to take account of the concerns of residents and responsible authorities. It permitted far less than the previous licence which, for example, permitted regulated entertainment 24 hours per day. With the agreed conditions as well as those explored at the hearing which assisted to ensure that the Premises operated as a food-led establishment, the Sub-Committee was not satisfied that it had heard enough evidence to justify refusing the application. The Sub-Committee was therefore satisfied that it was appropriate and proportionate to grant the application with amendments and conditions as follows:
Sale by retail of alcohol
Monday to Sunday 07:00 hours to 22:00 hours
Opening hours of the Premises
Monday to Sunday 07:00 hours to 22:00 hours
Conditions
- 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.
- 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.
- 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; and
d) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
- All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
- Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
- All outside tables and chairs shall be rendered unusable by 21:00 hours each day.
- Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
- During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
- The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
- A 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.
- A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record must show the outcome of the person who was intoxicated. The record shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises is open.
- All staff whose responsibilities include the retail sale of alcohol shall receive training about the prevention of underage sales on induction and then every 12 months thereafter/01 times a year. This training shall be recorded and the records to be available on request to the Police or any authorised officer. The training to include:
a) the operation of the challenge 25 scheme;
b) the types of acceptable ID;
c) the method of recording challenges;
d) the likely consequences of making an underage sale;
e) refusing sales to persons who appear to be drunk;
f) proxy sales.
- Loudspeakers shall not be located in the entrance lobby, or outside the premises building nor on internal walls or ceilings and without the use of anti-vibration mounts used for speakers attached to the walls.
- All windows and external doors shall be kept closed when regulated entertainment takes place, except for the immediate access & egress of persons.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
- No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a public nuisance.
- The external area shall not be used after 21:00 hours, except for patrons permitted to temporarily leave and then re-enter the premises, e.g.to smoke, and shall be limited to 8 persons at any one time.
- There shall be no vertical drinking within the premises or within the external area.
- The sale or supply of alcohol shall be only to a person seated taking a table meal on the premises or in the external area and only for consumption by such a person as ancillary to their meal.
- This licence shall not take effect until updated plans which clearly show the area where licensable activity may take place have been submitted to the Licensing Authority.
- There shall be no sale of alcohol in the external area.
Supporting documents: