Agenda item
Application for variation of a Premises Licence for Pasta Evangelists, 148 Bethnal Green Road, London, E2 6DG
Licensing Objectives:
· Prevention of public nuisance
· Prevention of crime and disorder
Representations:
· Environmental Protection
· Licensing Authority
Ward: Weavers
Minutes:
The Sub-Committee considered an application by Pasta Evangelists Ltd. to vary the premises licence held in respect of Pasta Evangelists, 148 Bethnal Green Road, London, E2 6DG (“the Premises”). The Premises are currently licensed for the sale of alcohol by retail for consumption off the Premises from 12:00 hours to 23:00 hours seven days per week. The Premises are not open to the public. The variation sought the addition of the provision of late-night refreshment from 23:00 hours to 02:00 hours seven days per week. This would be by way of delivery only.
The application attracted two representations. These were from the Licensing Authority and the Environmental Health service. The objections were based on the fact that the Premises are located within the Bethnal Green Cumulative Impact Zone (CIZ) and that the application did not address that or explain how the Premises would avoid adding to the problems already experienced in that area.
Applicant
The Sub-Committee heard from Mr. Lisi. He spoke very briefly to the application. He understood the purpose of the CIZ but reiterated that the Premises were not open to the public, that there was no variation sought in respect of alcohol sales and that there was no realistic possibility of the Premises adding to any disorder. They were located on a busy road with lots of traffic and no additional noise would be generated.
Mr. Lisi did not recall the letter from the Licensing Authority earlier in the year but said it was likely to relate to another business in the same address because they did not admit members of the public.
Licensing Authority
Ms. Miller-Johnson addressed the Sub-Committee. She confirmed that several businesses operated out of the address and that it had not been possible to determine which specific business the complaint related to. She told the Sub-Committee she had spoken to Mr. Lisi by phone subsequent to the letter and he had explained that it was not connected to his business. The main thrust of her concern was the lack of reference to the CIZ, how additional impact would be prevented, and how alcohol sales would be prevented as there was a risk of orders being filled which included alcohol.
Environmental Protection
Tim Hung read the Noise Service’s representation. This referred to noise breakout from the venue and the potential for noise created by delivery drivers.
Ms. Miller-Johnson confirmed that there had been no further investigation into the complaint as far as she was aware. There was only one licensed premises at the address, which was the applicant. Kathy Driver confirmed that the address appeared to be what was known as a “dark kitchen” whereby several food businesses operated from one address.
Ms. Miller-Johnson also confirmed, in response to a question from the Legal Adviser, that the reference to the plan being non-compliant with the legislative requirements was likely to be erroneous.
Mr. Lisi was asked how he could ensure that alcohol was not sold outside of permitted hours. He explained that it was possible on third-party delivery platforms to “snooze” items and this was what they did with alcohol. This meant that from 23:00 hours it would not show as available for purchase and thus could not be added to an order.
He also explained that the Premises were not looking at high volumes of sales; rather, their focus was on value. They anticipated perhaps six orders a night if the variation were to be granted. However, each would be to a value of around £25.00 or more and which, over the course of a year, was a substantial increase in takings. He also explained to members that there was a parking area directly in front of the Premises for delivery drivers and that they would ring the doorbell on arrival and a member of staff would give them the food. They could try to encourage the use of e-bikes by delivery drivers but that was outside of their direct control. In any event, however, the area had a considerable amount of traffic.
This application engages the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. The Sub-Committee noted that the Premises were within the CIZ and the onus was on the applicant to rebut the presumption in favour of refusal. The Policy sets out non-exhaustive examples of cases which might justify an exception, which includes small premises operating within framework hours and only providing off-sales of food for delivery and premises which are not alcohol-led. The Premises are not alcohol-led and although they propose to operate outside of framework hours, they have no public access at all and will only be providing a delivery service. The Sub-Committee was not persuaded that granting the application would result in any additional impact which could not be mitigated in some way.
However, whilst the Premises are in a commercial area, there are still a substantial number of residential properties in the area and the Sub-Committee was concerned that the later a venue operates, the greater the risk of adding to the impact, especially when an area gets quieter. Whilst the Sub-Committee considered that the application could in principle be granted, it nonetheless had concerns that operating until 02:00 hours every day of the week would be likely to generate additional impact, particularly with respect to noise nuisance, that could not be mitigated. The Sub-Committee considered that any impact could be mitigated by granting the variation in part by allowing the provision of late-night refreshment to one hour beyond framework hours and that this would strike a reasonable balance between the needs of the area and the needs of the business and would be appropriate and proportionate for the promotion of the licensing objectives.
Decision
The decision is therefore to grant the variation in part:
Provision of late-night refreshment
Monday to Thursday 23:00 hours to 00:30 hours
Friday and Saturday 23:00 hours to 01:00 hours
Sunday 23:00 hours to 23:30 hours
Conditions
1. The premises will operate as a delivery-only business.
2. The premises will not be open to the public and will be used for the dispatch of alcohol and other goods only.
3. There shall be no collection of alcohol by the public from the premises.
4. All CCTV recordings made by the CCTV system shall be retained and stored in a suitable and secure manner for a minimum of 30 days. There shall be at least one camera positioned at each entry and exit point to monitor any external areas to the premises and of such quality to enable identification of the recorded person in any light.
5. The business will arrange for the telephone number for the premises to be and/or a member of the management team to be provided to residents on request in order that any complaints can be made direct.
6. The premises will encourage all drivers and riders involved in deliveries to use their vehicles in a responsible manner so as:
not to cause a nuisance to any residents;
not to generally gather outside the premises;
not to leave engines running when the vehicles are parked (where the vehicles have engines);
not to obstruct the highway.
Supporting documents: