At the request of the Chair, Ms Lavine Miller Johnson, Licensing Officer introduced the report which detailed the application by The Good Market Company Limited for a variation of premises licence in respect of Victoria Park Market, Land between Bonner Gate and Gore Gate, London E3 5TB.

The application sought the sale by retail of alcohol (on and off sales) on Saturdays from 11:00 hours to 17:00 hours. The premises licence already permitted the same activity on Sundays during the same hours.

At the request of the Chair, Mr Max Kennedy from the company presented the applicant as having run a family friendly food market on Sundays since 2017 without any issues. The application sought to enable expansion of that to Saturdays, to include the sale of alcohol. 

The applicant had offered a number of conditions. That the applicant would provide 12 euro bins as part of the waste plan. The applicant pointed out that not all litter emanates from the market. The applicant will provide and maintain toilet facilities. Mr Kennedy explained that they had been trading approximately 350 Sundays with no history of complaints. It was also noted that they had been trading on Saturdays with Temporary Event Notices for the past two months with no complaints.

With regard to one of the conditions offered, that all alcohol stalls will not be located near any residential buildings, the applicant specified a 200 metre distance.

Representations were received against the application from residents on the basis of public nuisance and, to a lesser extent, public safety. One of the residents, Ms. Walker, and a Hackney ward councillor, Councillor Penny Wrout attended the meeting. Cllr Wrout presented concerns over the impact of each weekend’s activities on open land adjacent to residential premises. The market operated on a side of the park nearer Hackney residents, although that did not preclude the impact upon nearby Tower Hamlets residents. The likely impact pertained to noise, traffic, pollution, litter, and public urination. Residents’ concerns also arose from the market taking away use of that part of the park from residents wanting to enjoy other activities.

The written representations of other objectors who did not attend were also considered.

In response to questions, the following was noted;

·       The Licensing Officer clarified that there had been no record of complaints regarding the operation of the market.

·       That the market was 90% food led.

·       That there would be 20-30 stalls and stall holders from tower hamlets would be given priority.

Concluding remarks were made by both parties.

Decision

This application engages the licensing objectives of public nuisance and, to a lesser extent, public safety. 

The absence of objection by any of the responsible authorities was of neutral weight.

The Sub-Committee noted that two conditions had been agreed between the applicant and Environmental Health Services: -

•         Notices shall be prominently displayed at the site requesting patrons and stall staff to respect the needs of local residents and leave the area quietly. This should be enforced by Market Managers.

•         No noise generated at the Market shall give rise to a public nuisance.

The Sub-Committee appreciated the legitimate concerns of residents over the impact in a residential area.

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 on the balance of probabilities that whilst the objectors’ concerns were genuine, granting the licence with conditions was appropriate and proportionate for the promotion of the licensing objectives.   

Accordingly, the Sub Committee unanimously;

RESOLVED

Therefore, the Sub-Committee decided to GRANT the application for variation to extend the sale by retail of alcohol (on and off sales) to Saturdays from 11:00 hours to 17:00 hours with the following conditions in addition to those already on the licence: -

Conditions

1. Customer queues will be marked out and managed by stallholders and market managers, so they do not obstruct park users.

2. Clear and conspicuous notices will be displayed warning of potential criminal activity such as bag theft, which may target customers.

3. All alcohol stalls will not be located within 200 metres of any residential buildings.

4. Stall holders will keep a refusal book on their stalls which will log any incidents where the sale of alcohol has been refused.

5. Notices shall be prominently displayed at the site requesting patrons and stall staff to respect the needs of local residents and leave the area quietly. This should be enforced by Market Managers.

6. No noise generated at the Market shall give rise to public nuisance.