At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed the application for a new premises licence for Burgers LDN, 141 Leman Street, London E1 8EY. The application sought authorisation for the provision of late night refreshments from Sunday to Thursday, from 23:00 hrs. to 00:00 hrs. (midnight) and Friday and Saturday, from 23:00 hrs. to 02:00 hrs. on the following day.

A representation was received against the application from Mr. Montgomery, a local resident on the basis of the prevention of public nuisance. It was noted that the applicant had agreed conditions with the police and the Environmental Health Service.

At the request of the Chair, Mr Tariq Monsur on behalf of the applicant, clarified that whilst the business comprised a restaurant and a separate kitchen, it was only the kitchen which was to be used for the proposed sale of takeaway late-night refreshment. Mr Monsur accepted that they had provided late-night refreshment in September 2023 without a licence. However, he had been unaware that a licence was required for that. When informed about this, the business immediately ceased providing late-night refreshment and applied for a licence. The applicant could not understand the issue raised by the objector regarding need for late-night refreshment in the area, as the objector lived quite a distance from the premises. Mr Monsur added that there were residential properties above the premises and next to the premises, whose occupants had not made objections.

The applicant referred to the positive impact of the business upon antisocial behaviour in the vicinity. Before they took over the premises, there had been public urination in the adjacent alleyway. That ceased after the business took over and installed CCTV. 

Whilst the objector was unable to attend the Sub-Committee meeting, the Sub-Committee carefully considered and noted Mr. Montgomery’s written representations on pages 157 and 158 of the agenda.

In response to questions the following were noted: -

-       That a warning letter was issued to the applicant following the trading of unlicensed late night refreshments in September 2023.

-       That an application was submitted as soon as the applicant was made aware that a separate licence was needed in addition to the restaurant licence.

-       No history of complaints other than the warning letter.

-       No objections from responsible authorities and agreed conditions with the metropolitan police.

-       All food would be for takeaway only.

-       The kitchen had a separate entrance and exit and a separate waste collection service.

DECISION

This is an application by Burgers LDN Limited for a premises licence in respect of Burgers LDN, 141 Leman Street, London E1 8EY.

The application sought the provision of late-night refreshment for consumption off the premises on: -

Sunday to Thursday, from 23:00 hrs. to 00:00 hrs. (midnight)

Friday and Saturday, from 23:00 hrs. to 02:00 hrs. on the following day

A representations was received against the application from Mr. Montgomery, a resident on the basis of the prevention of public nuisance The applicant had agreed conditions with the police and the Environmental Health Service.

The applicant clarified that whilst the business comprises a restaurant and a separate kitchen, it was only the kitchen which was to be used for the proposed sale of takeaway late-night refreshment. The applicant accepted that they had provided late-night refreshment in September 2023 without a licence. However, they had been unaware that a licence was required for that. When informed about this, the applicant immediately ceased providing late-night refreshment and duly applied for a licence. The applicant could not understand the issue raised by the objector regarding need for late-night refreshment in the area.

The applicant referred to the positive impact of the business upon antisocial behaviour in the vicinity. Before they took over the premises, there had been public urination in the adjacent alleyway. That ceased after the business took over and installed CCTV. 

Although Mr. Montgomery did not attend the Sub-Committee meeting, the Sub-Committee carefully considered Mr. Montgomery’s written representations on pages 157 and 158 of the agenda. The objection referred to a perceived lack of need for late-night refreshment in the area, given that this was already being provided by other premises, as well as antisocial behaviour such as public urination, noise disturbance, and littering.  

Need is not a relevant consideration for the Sub-Committee.

Antisocial behaviour such as public urination, littering and noise engage the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance.

The Sub-Committee ascertained from the Licensing Officer that the applicant had no history of non-compliance with the Licensing Act 2003, except for the instance of unlicensed late-night refreshment in September 2023.

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. Notwithstanding that the applicant had carried on the provision of late night refreshment previously, Members were satisfied that this was an error on the applicant’s part which was rectified immediately after being informed of the need for a licence. There were no other matters that gave the Sub-Committee reason to consider that the applicant would not uphold the licensing objectives.

The Sub-Committee was satisfied that these considerations allied to the conditions agreed by the applicant with the police and Environmental Protection, meant that it would be appropriate and proportionate for the promotion of the licensing objectives to grant the application.

Therefore, the Sub-Committee decided to grant the application for late-night refreshment on: -

Monday to Thursday, from 23:00 hrs. to 00:00 hrs. (midnight)

Friday and Saturday, from 23:00 hrs. to 02:00 hrs. on the following day

Sunday, from 23:00 hrs to 00:00 hrs (midnight)

with the following conditions: -

1. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses, and to leave the area quietly.

2. No loitering of customers outside the premises having received their takeaway from the premises.

3. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to a public nuisance.

4. 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.

5. 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.

6. 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.

7. 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.