Agenda item
Application for a new Premise Licence for PFC 273 Commercial Road, London, E1 2PS
Licensing Objectives:
· The prevention of public nuisance
· The prevention of crime and disorder
Representations:
· Metropolitan Police
· Environmental Protection
Ward: Whitechapel
Minutes:
The Sub-Committee considered an application for a new premises licence by Mohammad Afruz Miah to be held in respect of PFC, 273 Commercial Road, London E1 2PS (“the Premises”).The application sought authorisation for the provision of late night refreshment from 23:00 hours to 04:00 hours seven days per week.
The application attracted representations against it from the Metropolitan Police and the Environmental Health Service. The representations were based predominantly on the prevention of crime and disorder and the prevention of public nuisance.
Applicant
The applicant spoke briefly to his application. In essence, the extension was sought in order to increase the financial viability of the business. The Sub-Committee had been made aware that some conditions had been agreed. However, the main area of contention was the hours. The police sought to have these reduced so as to allow late night refreshment from 23:00 hours to 00:00 hours Sunday to Wednesday and from 23:00 hours to 01:00 hours Thursday to Saturday.
Metropolitan Police
PC Perry spoke briefly to his representation and emphasised the issues that arise within the night-time economy. In particular, the people attending at 03:00 hours are likely going to be those who have been drinking. He was concerned that the applicant did not appreciate the issues that would arise late at night.
Environmental Protection
Tim Hung spoke briefly to his representation and the potential impact on public nuisance, and sought the Sub-Committee to refuse the application.
During questions from Members, the applicant in fact agreed to the hours proposed by the police.The application engaged the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. Whilst the Sub-Committee noted the business rationale behind the application and was able to consider that, the Sub-Committee nonetheless had to make its decision with a view to the promotion of the licensing objectives.
The Sub-Committee noted the police objections based upon the prevention of crime and disorder, and the prevention of public nuisance; and heard from the police that their proposal for the reduction of the hours sought to midnight on Sunday to Wednesday, and 01:00hrs. on Thursdays to Saturdays, was based upon the tendency for alcohol-fuelled crime and disorder and anti-social behaviour to occur in the early hours of the morning. The Sub-Committee noted that the applicant did not dispute this. Indeed, the applicant had agreed to the conditions proposed and, during the course of the hearing, agreed to the reduced hours proposed.
With respect to public nuisance, Members did not consider that Mr. Hung’s representation justified a refusal of the application. There was not sufficient evidence before it that the likely impact of grant would undermine the public nuisance licensing objective to such an extent that refusal was the appropriate and proportionate option. The concerns raised could be adequately addressed by the reduction in hours and the imposition of the agreed conditions.
The Sub-Committee was satisfied that it was appropriate and proportionate to grant the application, with amendments and conditions.
Decision
That the application for a new premises licence in respect of PFC, 273 Commercial Road, London E1 2PS be granted with conditions as follows: -
Provision of Late-Night Refreshment
Sunday – Wednesday 23:00 hours – 00:00 hours
Thursday – Saturday 23:00 hours – 01:00 hours
Conditions
1. 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.
2. 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.
3. 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 visit by a relevant authority or emergency service.
4. 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.
5. The premises licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
6. The premises licence holder shall also ensure that customers do not congregate or cause noise nuisance immediately outside the premises.
Supporting documents: