At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed the application for a new premises licence for Lucia’s Unit 5007 Queens Yard, Whitepost Lane, London E9 5EN. The application sought authorisation for the sale by retail of alcohol (on sales only) from 11:00 hours to 23:00 hours from Mondays to Sundays with the hours open to the public between 11:00 hours to 23:30 hours from Mondays to Sundays.

Representations were received against the application from Hatton Garden Properties Limited, a local business, on the basis of public nuisance and public safety.

At the request of the Chair, Mr Rhys Rose, Licensing Representative on behalf of the applicant explained that it was a small food led restaurant which sought to sell alcohol ancillary to its business. He drew attention to only on sale of alcohol being sought, and clarified that the size of the premises offered no scope for a music venue.

Mr Rose asserted that the objection related to land access which was not relevant to licensing issues. He then referred to conditions offered, and also to conditions agreed with the police with regard to the prevention of crime and disorder. The applicant suggested that on sales being sought mitigated concerns about patrons encroaching on the passageway. It was noted that the premises had a capacity of 30/40 patrons at any one time.  

Members then heard from James Thompson, from Hatton Gardens Properties Ltd, who was concerned about increased footfall on an adjacent passageway over which there is a public right of way. In particular, the objector was concerned about patrons drinking and encroaching on that passageway, which is not wide, with the ramifications upon safety and noise disturbance. Mr Thompson raised questions about how takeaway deliveries would work with the limited space, and suggested that it was not a safe way to operate a business.

In response to questions from Members the following were noted;

-       The applicant confirmed that no patrons would be allowed outside to consume food and drink after 10pm.

-       That the premises was a food led business selling tacos.

-       That there was no previous history of complaints as the business was operating for the first time. 

-       The premises was approximately 20 meters away from the public highway.

-       The objector was concerned that the passageway would be crowded with people at a late hour, causing issues of public safety and public nuisance.

Concluding remarks were made by both parties.

DECISION

This is an application by Mr. Jomardi Kurdi of Rashdan Group Limited for a premises licence in respect of Lucia’s, Unit 5007, Queens Yard, 43 White Post Lane, London E9 5EN.

The application sought the sale by retail of alcohol (on sales only) from Mondays to Sundays from 11:00hrs. to 23:00hrs.

Representations were received against the application from Hatton Garden Properties Limited, a local business on the basis of public nuisance and public safety. The objector was concerned about increased footfall on an adjacent passageway over which there is a public right of way. In particular, the objector was concerned about patrons drinking and encroaching on that passageway, which is not wide, with the ramifications upon safety and noise disturbance.   

The applicant told the Sub-Committee that it was a small restaurant and sought to sell alcohol ancillary to its business. The applicant referred to conditions offered, and also to conditions agreed with the police with regard to the prevention of crime and disorder. The applicant suggested that on sales being sought mitigated concerns about patrons encroaching on the passageway. 

The Sub-Committee ascertained from the applicant that no patrons would be allowed outside to consume food and drink after 10pm.

This application engages the licensing objective of the prevention of public nuisance and, to a lesser extent, that of public safety. The representation against the application was largely considered with the potential impact of increased footfall by the applicant’s patrons over an adjacent private passageway over which there was a right of way for both pedestrians and vehicles. 

The Sub-Committee noted the objector’s concerns that granting the licence would lead to more people using that right of way to and from the applicant’s business, causing noise disturbance and increased risk to public safety. The objector was particularly concerned about the passageway being crowded with people at a late hour, and that the small size of the applicant’s premises would lead to an overspill of people into the narrow passageway.

The Sub-Committee disregarded, however, the representation insofar as it related to the objector’s property rights.

The Sub-Committee noted from the applicant that the half hour between the terminal hour and the closing time on each day was intended to enable an orderly dispersal of patrons without risk to public safety or risk of public nuisance being caused.

Whilst no responsible authorities, particularly Environmental Health or the police had made any representations, that in itself was considered by the Sub-Committee not to be conclusive, and to have neutral significance.

The Sub-Committee was concerned to reflect a balanced approach with regard to the legitimate aims of the business, and the legitimate concerns of the objector. Members were satisfied on the balance of probabilities that whilst the objector had genuine concerns about the likely impact of increased footfall on the adjacent passageway, the combination of conditions offered and conditions agreed with the police mitigated the impact of any increased footfall over the adjacent passageway and that granting the licence with conditions was appropriate and proportionate for the promotion of the licensing objectives.   

Therefore, the Sub-Committee decided to grant the application for the sale of alcohol as follows: -

The sale by retail of alcohol (on sales only) from Mondays to Sundays from 11:00hrs. to 23:00hrs. with the following conditions: -

1. All Staff to be trained in alcohol awareness and made aware of their responsibilities under the Licensing Act 2003.

2. Staff will refuse alcohol to already intoxicated or overly aggressive customers.

3. A comprehensive health and safety risk assessment will be in place.

4. A first aid kit will be available.

5. Signs to ask patrons to respect the neighbours and leave the area quietly will be displayed.

6. Use of the outdoor courtyard will cease at 22:00 hours.

7. Any tables will be removed from the front covered area at 22:00 hours leaving this space as a smoking area.

8. All doors and windows will be kept closed after 22:00 hours apart from access and egress.

9. Children under the age of 16 years will not be allowed on the premises unless they are accompanied by someone 18 years of age or over.

10. 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 are 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.

11. 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.

12. When the designated premises 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.

13. 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.

14. 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.

15. 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.

16. 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.