Licensing Objectives:

·       The prevention of crime and disorder

·       The prevention of crime and disorder

Representations:

·       Environmental Protection

·       Licensing Authority

·       Residents

Ward: Whitechapel

The Sub-Committee considered an application by Hungry Cow Limited for a new premises licence to be held in respect of the Hungry Cow, 111a Commercial Road, London, E1 1RD (“the Premises”). The application sought authorisation for the provision of late-night refreshment from 23:00 hours to 02:00 hours seven days per week.

The application attracted three representations against it, from the Planning Authority, the Environmental Health Service, and a local resident. Two representations were received in support. The Sub-Committee was given legal advice that these were not relevant representations as they could not reasonably be interpreted as referring to the likely impact upon the licensing objectives if the application were to be granted. Rather, the writers referred to the quality of the food and the convenience of the Premises’ location to their place of work. However, they might nonetheless be relied upon by the applicant as supporting information.

The Sub-Committee heard from Aziz Rahman, one of the owners of the business, and the business’s representative, Mr. Daly. He told the Sub-Committee that this was the fifth store being opened by the company and that although some mistakes might have happened in the past, as referenced in the representation of Mr. Miah, the Premises was legally compliant. Attempts had been made to engage with both the responsible authorities who had made representations, but to no avail.

Mr. Daly stated that the residents were generally content with the application. The Premises were located on the corner of Commercial Road and Parfett Street and cars could not enter Parfett Street, which was gated at one end and had bollards at the other end. Local residents had told them that the Premises had assisted in reducing crime and disorder in the immediate vicinity as the Premises being open had deterred people such as drug dealers.

Delivery drivers would be directed to park in Commercial Road and walk down Parfett Street. There was no other option. Drivers would not be hanging about; they would be told shortly beforehand when an order would be ready for collection so that the food would be ready when the driver attended to collect.

With respect to the representations from the responsible authorities, an application for retrospective planning permission had been made and there had been no noise complaints in respect of the Premises. This demonstrated that the Premises could operate in a way that did not impact upon the local community.

The photos from the Noise Team showed the location of the Premises. One of the pictures showed a driver on the phone. He was not one of the drivers for the Hungry Cow. The applicant was willing to do what it could to stop their drivers from parking in that location, including notices on third-party delivery platforms that drivers need to park in Commercial Road and not Parfett Street. Mr. Daly confirmed that the business did not employ any drivers directly.

Mr. Hung spoke to the representation on behalf of the Noise Service. The other persons making representations did not attend but Members had read and noted the representations.

This application engages the licensing objective of the prevention of public nuisance. The Sub-Committee noted that if the application were to be granted, the Premises could still only operate to 23:00 hours because of the planning condition presently attached to the Premises. Further, breach of a planning condition was not of itself a criminal offence. The reason for the imposition of the planning condition was that the Premises were located in a very residential area, as demonstrated by the photographs attached to the Noise Service’s representation. The Sub-Committee considered that this gave rise a real risk of noise disturbance to neighbouring properties from delivery drivers and from the public.

Mr. Miah’s representation referred to alleged operating beyond 23:00 hours although it noted that this had since been addressed. No other residents had made representations in support or in opposition. Mr. Daly told the Sub-Committee that residents were in support. Mr. Miah’s representation suggested that residents were likely to oppose. However, neither had produced any evidence to support their contention. The lack of representations certainly could not be taken as an indication of tacit support and was, at most, entirely neutral. The Sub-Committee accepted that the Premises being open might have some deterrent effect on crime and disorder in the immediate vicinity but there was no direct evidence of this.

Whilst the Sub-Committee noted the suggestions for stopping delivery drivers from parking in Parfett Street, it seemed highly likely that there would be some that would do just that, especially as the bollards could not prevent moped riders from accessing Parfett Street. If that were to happen, there was a real risk of public nuisance to neighbouring residents in the later hours.

The Sub-Committee was not satisfied that it had heard sufficient evidence to justify a refusal of the application. However, it was also not satisfied that it had heard sufficient evidence to justify granting the application in its entirety. Operating until 02:00 hours seven days per week would more likely than not result in noise disturbance. The Sub-Committee decided to grant the application in part so as to allow operation on Thursdays, Fridays and Saturdays to one hour beyond framework hours and to impose additional conditions. This would strike a reasonable balance between the needs of the local  community and the needs of the business and would be appropriate and proportionate for the promotion of the licensing objectives.

Thursday                           23:00 hours to 00:30 hours

Friday and Saturday          23:00 hours to  01:00 hours

1.    The premises shall implement and operate a noise nuisance manual/policy

2.    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.

3.    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.

4.    Where SIA registered door supervisors are used at the premises, a record must be kept of their SIA registration number and the dates and times they are on duty.

5.    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.

6.    No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 07:00 hours on the following day.

7.    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.

8.    No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 and 07:00 on the following day.

9.    Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.

10. When conducting deliveries, drivers shall have access to the premises to avoid loitering outside, the premises licence holder will ensure that external doors remain locked save for entry and exit from the premises conducting deliveries, staff shall also have access to any toilet facilities at the premises.

11. Drivers shall not idle whether near any residential properties or not. If no deliveries are pending, then drivers shall either park and wait inside the premises or leave the area.

12. Drivers shall be directed not to await orders whilst sitting in, or standing near, any vehicles or modes of transport they intend to use. If a driver is using a bicycle, then they shall dismount and await any orders inside the premises with the premises remaining closed to the public.