At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed the application for a new premises licence for Local Café, 84 St Stephen’s Road, London, E3 5JL. The application sought the sale by retail of alcohol (on sales only) from Monday to Sunday, from 11:00 hrs. to 22:00 hrs. Representations were received against the application from two residents based on the licensing objectives of preventing public nuisance. 

Ms Sandra Bajraliu, applicant, amended her application in respect of the terminal hour and the closing time, so that both were now 21:00hrs. She made no other amendments to the application. 

Ms Bajraliu briefly explained that her café business had been trading for 2 years without any issues. The premises was a café selling things like afternoon tea and was not seeking to operate a wine bar. She said the premises had 10 tables and was a small food led café.

Although the objectors did not attend the meeting, the Sub-Committee carefully considered their written representations on pages 231 and 233 of the agenda.

There were no questions from Members.

DECISION

This is an application by Sandra Bajraliu for a premises licence in respect of Local Café, 84 St Stephen’s Road, London, E3 5JL.

The application sought the sale by retail of alcohol (on sales only) from Monday to Sunday, from 11:00 hrs. to 22:00 hrs.

Representations were received against the application from two residents based on the licensing objectives of preventing public nuisance. 

The applicant amended her application in respect of the terminal hour and the closing time, so that both were now 21:00hrs. She made no other amendments to the application. 

The applicant presented her business as having traded for 2 years without any issues. The premises were a café selling things like afternoon tea. She was not seeking to operate a wine bar. 

Although the objectors did not attend the meeting, the Sub-Committee carefully considered their written representations on pages 231 and 233 of the agenda.

The objections both referred to loud and antisocial behaviour in the locality, additional noise impacting residents living above and around the café as well as more generally, and that the local community was already well served by licensed premises.  

This application engages the licensing objective of the prevention of public nuisance. The premises are not in a cumulative impact zone and there was insufficient evidence before the Sub-Committee of cumulative impact. Likewise, the Committee is not concerned with the need for licensed premises. 

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 applicant had agreed a number of conditions with Environmental Protection, and had offered a number of other conditions.

The Sub-Committee considered what was reasonable and proportionate for the promotion of the licensing objectives, in particular, preventing public nuisance such as noise disturbance, and preventing crime and disorder which can include antisocial behaviour. The Sub-Committee was satisfied that any risk of noise disturbance or antisocial behaviour being caused by patrons of the business would be offset by a combination of those conditions offered by the applicant, and conditions which the applicant had agreed with Environmental Protection.

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 objectors. Members were satisfied that there was insufficient evidence that patrons of the business were responsible for noise disturbance or antisocial behaviour or that the operation of the business generally gave rise to concerns. The hours sought were modest and within framework hours. The premises too were small, which therefore also assisted in limiting any impact upon the licensing objectives. The Sub-Committee was satisfied that it was appropriate and proportionate for the promotion of the licensing objectives to grant the application with amendments and conditions.

Therefore, the Sub-Committee decided to grant the application to allow the sale by retail of alcohol (on sales only) from Monday to Sunday, from 11:00 hrs. to 21:00 hrs. with the following conditions, although in respect of the conditions offered by the applicant, where there was an equivalent model condition, the Sub-Committee substituted that condition: -

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. The premises licence holder will implement fire safety measures within the premises, including the presence of fire safety equipment, such as foam, H20, and CO2 fire extinguishers, a fire blanket, internally illuminated fire exit signs, and multiple smoke detectors.

4. All fire safety appliances will undergo annual inspections to guarantee their effectiveness and compliance with safety standards.

5. All emergency exits will be kept free from any obstructions at all times to ensure swift and unimpeded evacuation in case of an emergency.

6. Clear and legible notices will be prominently displayed, reminding patrons to leave the premises quietly.

7. 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.

8. All members of staff will undergo regular training on the prevention of alcohol sales to persons under the age of 18 years.

9. 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.

10. AII external doors and/or windows shall be kept closed after 20:00hrs., except for the immediate access and egress of persons.

11. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

12. The premises license holder shall ensure that music and/or patrons’ sound is not audible at the nearest noise sensitive premises.

13. The external area shall not be used after 20:00hrs., except for patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, and shall be limited to 3 persons at any one time.

14. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22:00hrs. and 08:00hrs. on the following day.

15. No deliveries to the premises shall take place between 22:00hrs. and 08:00hrs. on the following day.