At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed the application for a temporary event notice for Fabwick Unit 4a Queens Yard 43 White Post Lane London E9 5EN.

It was noted that this application was by Environmental Health for a counter-notice against a Temporary Event Notice (TEN) given by Mr. Kenan Balli in respect of Fabwick, Unit 4a, Queens Yard, 43 Whitepost Lane, London E9 5EN. The TEN application sought the sale by retail of alcohol, the provision of regulated entertainment, and the provision of late-night refreshment as follows: -

23^rd May 2024 – 10:00 hours to 24^th May 2024 01:00 hours

24^th May 2024 – 10:00 hours to 25^th May 2024 01:00 hours

25^th May 2024 – 10:00 hours to 26^th May 2024 01:00 hours

At the request of the Chair, Mr Kenan Balli, applicant, explained that he had been operating for the past 4 months in the current premises as an art exhibition venue, and had been collecting art for the past few years. The premise was a sit-down food led premises for patrons to socialise and appreciate the art collection.

It was noted that there was a pending application for a premises licence, which is due to be considered by the Licensing Sub-Committee on 18^th July 2024. The applicant presented the application as a “tidying up” to enable the applicant, in the meantime, to sell alcohol, provide regulated entertainment, and provide late-night refreshment on the above dates, with a maximum capacity of 200.

Ms Rita Craddock, Environmental Health Officer, provided clear and cogent reasons to the Sub-Committee as to why the TEN should not be permitted to proceed. She explained that the application failed to meet the licensing objectives with no good transport links. It was noted that since the premises are not currently licensed, the Sub-Committee cannot impose conditions upon the TEN. The only options are to issue a counter-notice or to refuse to issue a counter-notice.

DECISION

This is an application by Environmental Health for a counter-notice against a Temporary Event Notice (TEN) given by Mr. Kenan Balli in respect of Fabwick, Unit 4a, Queens Yard, 43 Whitepost Lane, London E9 5EN.

The TEN authorising the sale by retail of alcohol the provision of regulated entertainment, and the provision of late-night refreshment as follows: -

23^rd May 2024 – 10:00 hours to 24^th May 2024 01:00 hours

24^th May 2024 – 10:00 hours to 25^th May 2024 01:00 hours

25^th May 2024 – 10:00 hours to 26^th May 2024 01:00 hours

The applicant had carried on a business for 22 years without problems. He has a pending application for a premises licence, due to be considered by the Licensing Sub-Committee on 18^th July 2024. The applicant presented the application as a “tidying up” to enable the applicant, in the meantime, to sell alcohol, provide regulated entertainment, and provide late-night refreshment on the above dates. The maximum capacity is 200.

The Environmental Health Officer provided clear and cogent reasons to the Sub-Committee as to why the TEN should not be permitted to proceed. Since the premises are not currently licensed, the Sub-Committee cannot impose conditions upon the TEN. The only options are to issue a counter-notice or to refuse to issue a counter-notice.

The applicant presented no evidence to satisfy the Sub-Committee that the event would not give rise to noise disturbance, particularly at the later hours after up to 200 patrons leave.  The Sub-Committee was therefore satisfied that allowing the event to go ahead would inevitably lead to public nuisance. The Sub-Committee’s decision is therefore to issue a counter-notice.