Agenda item
Application for a new Premise Licence for 125-127 Bethnal Green Road Ground Floor & Basement London E2 7D
Licensing Objectives:
· The prevention of public nuisance
Representations:
· Environmental Protection
Ward: Weavers
Minutes:
The Sub-Committee considered an application by Detination9Ltd. for a new premises licence to be held in respect of 125-127 Bethnal Green Road, London, E2 (“the Premises”). The application originally sought authorisation for the sale by retail of alcohol for consumption on the Premises from 08:00 hours to 23:30 hours Monday to Sunday and for the provision of regulated entertainment, namely the exhibition of films, from 12:00 hours to 23:30 hours Monday to Sunday. The Premises would be open to the public from 12:00 hours to 00:00 hours.
Applicant
The Sub-Committee heard from the applicant’s agent, Peter Conisbee, who spoke briefly to the application. He told the Sub-Committee that the Licensing Authority had withdrawn their representation upon the agreement of a condition. They were willing to agree those requested by the Noise Service. They had reduced the total capacity to fifty patrons and confirmed that the Premises would not operate as a bar.
Mr. Conisbee confirmed that the Premises would not be a late-night venue. Numerous conditions had been offered up in order to address the licensing objectives. He also informed the Sub-Committee that there was no premises of a similar nature in the vicinity and that they were welcomed by residents. The supplemental agenda contained four emails to that effect.
Environmental Protection
The Sub-Committee heard from Ms. Cadzow on behalf of the Noise Service. She told the Sub-Committee she was concerned about the impact of the Premises on the licensing objective of the prevention of public nuisance and that when she had looked at the operating schedule, there were insufficient conditions proposed to address that objective.
The Sub-Committee noted the amendments made by the applicant to the operating schedule and licensable hours and to mitigate any impact upon the licensing objectives. The Sub-Committee welcomed those and the reduction in capacity and the agreement to the Noise Service’s proposed conditions.
The CIZ places the onus on the applicant to show that they will not add negatively to an already stressed area. The Statement of Licensing Policy provides a non-exhaustive list of possible exceptions. These include small premises with a capacity of fifty persons or less, operating to framework hours, and that have alcohol for on-sales only and where there are arrangements to restrict vertical drinking. The Premises falls within that exception. The Sub-Committee was satisfied that the operating schedule and proposed amendments were sufficiently robust to promote the licensing objectives and that the applicant had demonstrated that it would not adversely impact upon the CIZ. The Sub-Committee made some minor amendments that it considered appropriate and proportionate to promote the licensing objectives and to give clarity to the proposed conditions. These were:
1. An amendment to the opening times on Sunday so that the Premises close thirty minutes after licensable activity ceases;
2. Condition 3 is amended as it referred to a vessel;
3. Conditions 10 and 11 are amended with reference to the basement area in order to reflect the changes offered up by the applicant and the condition agreed with the Licensing Authority;
4. Condition 16 is amended to provide greater clarity.
Decision
The applicant is therefore granted subject to amendments and additional conditions:
Sale by retail of alcohol (on-sales only)
Monday to Saturday 12:00 hours to 23:30 hours
Sunday 12:00 hours to 22:30 hours
Exhibition of films
Monday to Saturday 12:00 hours to 23:30 hours
Sunday 12:00 hours to 22:30 hours
Hours the premises are open to the public
Monday to Saturday 12:00 hours to 00:00 hours
Sunday 12:00 hours to 23:00 hours
Conditions
1. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which will record thefollowing:
a) all crimes reported to thevenue;
b) all ejections ofpatrons;
c) any complaints received concerning crime anddisorder;
d) any incidents of disorder;
e) any faults in the CCTVsystem;
f) any visits by a relevant authority or emergencyservice.
2. The premises licence holder or nominated representative shall keep and maintain all right to work documents for all staff members. Right to work documents shall be kept at the premises and produced to an authorised officer of the council or the police upon request. Right to work documents must be retained at the premises for a minimum of twelve months after employment has ceased.
3. There shall be at least 1 personal licence holder on duty at all times the premises are open and carrying on licensableactivity.
4. A recognised member of the premises management must attend a police council licensing forums meetings wheninvited.
5. Licensable activity in the event space will only be permitted inthe following circumstances:
a) on receipt of pre booking. A pre booking system shall be employed whereby the full name address email and phone number for thelead booker shall be recorded and kept;
b) for an event advertised by thelicensee/management
6. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets PoliceLicensing 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.
7. 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 Policeor authorised council officer, copies of recent CCTV images or data with the absolute minimum of delay whenrequested.
8. Signage stating that CCTV is in operation at the premises will beclearly displayed.
9. In the event that a serious assault is committed on the premisesthe management will immediately ensurethat:
a) the police (and where appropriate, the London AmbulanceService) are called without delay;
b) all measures that are reasonably practicable are taken to apprehend any suspects, pending the arrival of thepolice;
c) the crime scene is preserved so to enable a full forensicinvestigation to be carried out by the police;
d) such other measures are taken (as appropriate) to fully protectthe safety of all persons present on thepremises.
10. The supply of alcohol will be by table service only whereby alcohol will only be served to persons seated and ancillary to the consumption of food (complimentary or otherwise).
11. There will be no vertical drinking.
12. There will be no beer, cider or ale available on tap. All beer, cider and ales shall be served in bottlesonly.
13. No alcoholic goods or tobacco products will be purchased or taken from persons calling at the premises. All alcohol products shall be purchased from outlets registered with HMRC’s Alcohol Wholesale Registration Scheme. Invoices for all purchases of tobacco and alcohol products shall be retained on the premises for twelve months and produced to authorised officers of the council or the police upon request. The premises licence holder will immediately report to Trading Standards any instance of a caller to the shop attempting to sell alcohol or tobacco products.
14. Ultraviolet light will be available at the premises and will be used for the purpose of checking the UK duty stamps on spirits as soon as practicable after purchase. The premises licence holder shall notify the council’s Trading Standards team and HMRC of any spirits that do not fluoresce under ultraviolet light and the bottles shall be removed from display and stored separately for collection by officers of the council or HMRC.
15. 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 ofthe member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises isopen.
16. Food will be available at all times that licensableactivity takes place.
17. A minimum of 1 SIA licensed door supervisors shall be on duty at the premises Thursday to Saturday (and any day preceding a bankholiday) between 21:00 hours to 15 minutes afterclose.
18. The licensee/management shall record the full name, home address and contact telephone number, SIA registration number, and the time/date of employment of any door supervisor(s) employed at the premises, Where door supervisors are provided by an agency, the name business address and contact telephone number will also be recorded. These records are to be maintained for no less than 12months.
19. The maximum number of persons permitted in the premises will not exceed 50 persons at any one time (not including staff andperformers)
20. The premises shall prominently display signage informing customersto leave the premises and area quietly.
21. The removal of rubbish to outside the premises, will not takeplace between the hours of 21:00 hours and 07:00hours.
22. The licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any bottles and glasses emanating from the premises. A final check should be made at close of business.
23. A dispersal policy will be in existence which shall so far as in possible, ensure that minimum disturbance or nuisance is caused to our neighbours and to ensure that the operation of the premises makes the minimum impact upon the neighbourhood in relation to potential nuisance and anti-social behaviour.
24. No more than 6 patrons will be permitted to smoke outside thepremises at any one time.
25. Patrons will not be permitted to take drinks outside of thepremises.
26. 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 PASSHologram.
27. All staff members engaged, or to be engaged in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard to age – restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol ordrugs.
28. All such training is to be fully documented and signed by both the employee and the person delivering the training. Training records shallbe kept at the premises and made available upon request to either an authorised officer of the council or the police on request / staff employed to sell alcohol to sell alcohol shall undergo training upon induction. This shall include but not be limitedto:
a) The premise age verificationpolicy;
b) Dealing with refusal ofsales;
c) Proxy purchasing;
d) Identifying attempts by intoxicated persons to purchase alcohol;
e) Identifying signs of intoxication.
29. Such training sessions are to be documented and refreshed every twelve months.
30. All training sessions are to be documented in English, Records oftraining shall be kept for a minimum of one year and be made available to an authorised officer of the council or the police uponrequest.
31. Loudspeakers shall not be located in the entrance lobby or outside the premises building nor on the ceilings. Anti-vibration mounts must be used to attach speakers to the walls.
32. All windows and external doors shall be kept closed after 22:00 hours or at any time that regulated entertainment takes place, except to allow for the immediate ingress or egress of people.
33. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
Supporting documents:
- BethnalGreenRd125-127, item 3.2 PDF 283 KB
- BethnalGrnRd125-127.Redacted, item 3.2 PDF 8 MB
- Emails of support 3 lazy Eight, item 3.2 PDF 752 KB
- Hearing letter 4 lazy Eight, item 3.2 PDF 274 KB
- LAZY EIGHT FOOD & DRINKS MENU V1 3, item 3.2 PDF 245 KB