At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer introduced the report which detailed the application by Kenan Balli for a new premises licence to be held in respect of Fabwick, Unit 4a Queen’s Yard, 43 White Post Lane, London, E9 5EN (“the Premises”). The application sought authorisation for: regulated entertainment (plays, films, live and recorded music, and performance of dance from 10:00 hours to midnight seven days per week; the provision of late night refreshment from 23:00 hours to midnight Sunday to Wednesday and to 01:00 hours Thursday to Saturday; the sale by retail of alcohol (on sales only) from 10:00 hours to midnight Snday to Wednesday and to 01:00 hours Thursday to Saturday. The premises would be open to the public from 10:00 hours to midnight Sunday to Wednesday and to 01:00 hours Thursday to Saturday.

In advance of the hearing, conditions had been agreed with the responsible authorities. Performances of plays and films had been removed from the scope of the application. The applicant’s agent had clarified that the Premises would operate as a restaurant.

It was noted that two representations were received against the application, both from local residents. These related to crime and disorder and noise nuisance from a number of licensed premises within the area. Both representations made specific reference to noise disturbance from various premises due to a lack of soundproofing.

Neither the applicant nor those making representations attended the hearing. It was noted that the applicant had informed Democratic Services of the intention to attend in person. However, there had been no contact prior to the hearing to explain the lack of attendance. Those making representations had not indicated in advance that they would or would not be attending. The Sub-Committee was given legal advice as to the options available to the Sub Committee. Under Regulation 20(2)(b) of the Licensing Act 2003 (Hearings) Regulations 2005, the Sub-Committee determined to proceed with the application. The Sub Committee did not consider it to be necessary in the public interest to adjourn the application.

Decision

The Sub-Committee noted the clarification by the applicant that the Premises would operate as a restaurant. It further noted that a number of conditions had been agreed with the police and the Noise Service which would help to mitigate concerns relating to public nuisance and crime and disorder. The Sub-Committee considered that the clarification as to the operation of the Premises, and that it would not be a bar or nightclub, meant that there was likely to be less impact on the licensing objectives. The Sub-Committee noted the provision in the reports pack of nearby premises, many of which were open much later and were of a different nature to these Premises.

The Sub-Committee nonetheless had some concern over the retention of live and recorded music and performances of dance given the intention to operate as a restaurant. It was noted that regulated entertainment was to be ancillary to the operation as a restaurant. The Sub-Committee had regard to the objections with respect to public nuisance, particularly the risk of noise disturbance and considered the possibility that the applicant had misunderstood the need for regulated entertainment, given that music played at a background level would not be licensable. Equally, however, it was possible that this was a conscious decision by the applicant and which, if not addressed, was likely to lead to confusion as to whether it was being carried on ancillary to the restaurant activities and would, especially after 23:00 hours, be more likely to impact upon the licensing objective of the prevention of public nuisance.

The Sub-Committee did not consider that there was sufficient evidence before it to justify refusing the application. The concerns related largely to the impact from other, different premises. Whilst those objections carried more weight with respect to the application as originally drafted, the Sub-Committee considered that they carried less weight when the agreed conditions and amendments were taken into account. Further, the Sub-Committee considered that it would be possible to make further amendments and impose additional conditions which would mitigate any impact further.

The Sub-Committee considered that removing regulated entertainment from the scope of the licence would mitigate the impact on the licensing objectives, particularly that of the prevention of public nuisance. Moreover, it would be more in keeping with the operation of the Premises as a restaurant. In addition to the agreed conditions, some of which required minor modifications in light of the applicant’s confirmation that the Premises were to operate as a restaurant, the Sub-Committee determined to impose a condition requiring alcohol to be served with table meals.

Accordingly, the Sub Committee by a majority vote;

RESOLVED

That the application for a new premises licence for Fabwick Unit 4a Queen’s Yard, 43 White Post Lane, London, E9 5EN be GRANTED in part and subject to the following conditions:

Sale by retail of alcohol (on-sales only)

Sunday to Wednesday                 10:00 hours to 00:00 hours

Thursday to Saturday                   10:00 hours to 01:00 hours

Provision of late night refreshment (indoors only)

Sunday to Wednesday                 23:00 hours to 00:00 hours

Thursday to Saturday                   23:00 hours to 01:00 hours

1. The premises will operate as a restaurant, where, save for the area marked on the plan, the sale of alcohol will be on the premises only, whole of premises and outside seating areas.

2. 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.

3. 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.

4. 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.

5. 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;

b)    the crime scene is preserved so as to enable a full forensic investigation to be carried out by the police;

c)    such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.

6. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

7. 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.

8. A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity.

9. The sale of alcohol for consumption on the premises shall only be to a person seated taking a table meal there, and for consumption by such a person as ancillary to their meal.

10. The premises shall have a security plan that will include an ejection policy, SIA security levels and where appropriate a search policy.

11. Appropriate fire safety procedures are in place including fire extinguishers, internally illuminated fire exit signs, numerous smoke detectors and emergency lighting (see enclosed plan for details of locations). All appliances are inspected annually. All emergency exits shall be kept free from obstruction at all times.

12. All customers will be asked to leave quietly. Clear and legible notices will be prominently displayed to remind customers to leave quietly and have regard to our neighbours.

13. The licensee and staff will ask persons who appear to be under the age of 25 for photographic ID such as proof of age cards, the Connexions Card and Citizen Card, photographic driving licence or passport, an official identity card issued by HM Forces or by an EU country, bearing the photograph and date of birth of bearer. All staff will be trained for underage sales prevention regularly. A register of refused sales shall be kept and maintained on the premises.

14. Loudspeakers shall not be located in the entrance lobby, or outside the premises building nor on ceilings. And anti-vibration mounts used is speakers attached to the walls.

15. All windows and external doors shall be kept closed after 22:00 hours, or at any time. When regulated entertainment takes place, except for the immediate access & egress of persons.

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

17. The external area shall not be used after 22:00 hours, except for patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, and shall be limited to 8 persons at any one time.