At the request of the Chair, Mr Ibrahim Hussain, Licensing Officer introduced the report for a new premises licence to be held in respect of Boulebar, 7 Frying Pan Alley, London, E1 7HS (“the Premises”). The application sought authorisation for the sale by retail of alcohol from 10:00 hours every day and ending at 23:30 hours Monday to Thursday, midnight on Friday and Saturday, and 22:30 hours on Sunday. The premises would close to the public thirty minutes after the terminal hour for licensable activity.

 

The application attracted representations against it from SPIRE, the Licensing Authority, and the Environmental Health service. All the representations referred to the Premises’ location within the Brick Lane Cumulative Impact Zone (CIZ) and were particularly concerned as to the potential to adversely impact on the CIZ. The Licensing Authority, in particular, raised a number of pertinent points in the initial representation, which required clarification.

 

At the request of the Chair, The Sub-Committee heard from Mr Jack Spiegler on behalf of the applicant. He explained that the Premises focused on “competitive socialising” and food and was not alcohol-led. He explained that a number of conditions that had been agreed. These include the sale of alcohol being ancillary to games (condition 1) and that a condition had been agreed with SPIRE that would, in effect, make the licence personal to the applicant. Mr. Spiegler explained that the sale of alcohol would be by waiter/waitress service with the exception of a couple of very small areas as shown on the plan.

 

Mr. Spiegler told the Sub-Committee that noise from the Premises would not be a problem. It was previously a gym and therefore was equipped to insulate noise, as well as this it was noted that all activity would be taking place in the basement area. This had previously been very well-insulated and so noise breakout would not arise. The nearest noise-sensitive premises were located at 9 Frying Pan Alley. This was student accommodation with its own bar, operating to a later hour than what had been applied for by the Applicant at the Premises, and again meant that there would be no impact on the CIZ. He referred to the fact that the police had not made a representation nor had any other residents. The primary concern was the CIZ and he suggested that there were several reasons why the Premises would be an exception:

 

The policy was focused on the type of venue, predominantly clubs and bars with loud music and late hours, the premises would be a high-quality restaurant with a food offering and unlikely to add to the CIZ;

 

It was noted that alcohol would be by waiter/waitress service. The only people standing and drinking would be those playing games; the policy was concerned with high-volume drinking establishments with nothing else taking place; The Premises would operate to framework hours; There would be no off-sales except for the external seating area and that area would not be used after 21:00 hours.

 

At the request of the Chair, Ms. Corinne Holland, Licensing Officer told the Sub-Committee that she was concerned about the potential impact on the CIZ. That the Premises did not fall within a possible exception. There were some 70 or 80 covers with a potential for around 200 people in the Premises at any one time. If the venue is pre-booked there could be as many as 300 people and therefore alcohol would not be served as ancillary to food.

 

Ms. Holland noted that it did allow for vertical drinking but accepted that it was only likely to be when people were playing a game. In her view, the Premises was likely to add to anti-social behaviour within the area and the onus was on the applicant to rebut that presumption.

 

She also queried the legality of the condition agreed with SPIRE that restricted the transferability of the licence.

 

Mr. Onuha Olere, Environmental Health Officer addressed his representation briefly as stated on page 70 of the agenda. He was particularly concerned with the possible maximum number of smokers outside at any one time.

 

Members then heard from Ms. Sandy Crichley, who addressed the Sub-Committee on behalf of SPIRE. She welcomed the engagement that the applicant had had with SPIRE and their willingness to accommodate their concerns. Their main concern had been the possibility of the business turning into something very different and the agreed conditions and operating schedule mitigated that. She therefore fromally withdrew SPIRE’s representation at the meeting.

 

In response to questions the following was noted;

 

• Mr. Spiegler emphasised the exceptions in the policy were possible exceptions and the policy allowed for others.
• On a busy day there might be approximately around 200 guests at the premises.
• With respect to a pre-booked event, this would be subject to a fire risk assessment and would only be for private events. These would only be occasionally.
• That there were various conditions that could not allow the Premises to turn into a bar or some other type of more problematic venue.
• That the operating schedule in the application had focused on the CIZ.
• There were concerns around vertical drinking and the possibility of patrons being able to leave with drinks. Mr. Spiegler explained that the ground floor would always be manned and patrons would be unable to leave with drinks.
• With respect to smokers, it was asked that the number remain at twenty, however it was accepted that this was something that could be amended if the Sub-Committee saw fit to do so.
• Mr. Spiegler also confirmed that the shading on the alcohol storage area was incorrect and that his client could submit an amended plan if required.

 

Concluding remarks were made by both parties.

 

 

Decision

 

This application engages the licensing objective of the prevention of public nuisance. The Premises are within a CIZ and therefore it falls to  the applicant to rebut the presumption in favour of refusal. 

 

The Sub-Committee noted that the possible exceptions stated within the policy are non-exhaustive. The capacity was noted and the Sub-Committee accepted Ms. Holland’s concerns in that regard. However, the venue would not be alcohol-led, would have a substantial food offering, and that vertical drinking would be very limited.

 

The operating schedule and the agreed conditions had clearly had the CIZ in mind. The Sub-Committee accepted that the possibility of noise breakout from the Premises was minimal, given its former use as a gym. In addition, the conditions meant that the nature of the venue could not change without a variation of the licence being sought.

 

The Sub-Committee noted Ms. Holland’s concerns about the condition agreed with SPIRE which potentially makes the licence personal to the applicant. Whilst that would ultimately be a matter for a court to determine, the condition had been agreed between the parties and would remain on the licence. It also demonstrated to the Sub-Committee the applicant’s willingness to work with residents and the community.

 

The Sub-Committee noted the lack of representations from the police or other residents although this is merely neutral at best. However, the Sub-Committee did give weight to the fact that SPIRE had withdrawn its representation. Given the number of residents that they represent, this was a relevant factor in the assessment of whether or not the Premises would be likely to add to the problems within the CIZ.

 

The Sub-Committee accepted also that the nearest noise-sensitive premises are the student accommodation next door, with its own bar, which again potentially mitigated against the impact.

 

The Sub-Committee was concerned about the potential impact of as many as twenty people smoking or making calls outside after 21:00 hours and possibly as late as midnight on a Friday or Saturday. The Sub-Committee considered that after 21:00 hours, an appropriate maximum number for the external area (which the Sub-Committee was told was shared with the student accommodation) was 10 persons.

 

With respect to the alcohol storage area, which is incorrectly shaded on the plan, the Sub-Committee considered that this could be addressed by way of an amendment to the condition to make clear that alcohol shall not be provided to patrons within the alcohol storage area.

 

Accordingly, the Sub Committee unanimously;

 

RESOLVED

 

That the application for a new premises licence for Boulebar, 7 Frying Pan Alley, London, E1 7HS be GRANTED subject to the following conditions:

 

Sale by retail of alcohol

Monday to Thursday                    10:00 hours to 23:30 hours

Friday and Saturday                     10:00 hours to 00:00 hours

Sunday                                        10:00 hours to 22:30 hours

Hours the premises are open to the public

Monday to Thursday                    10:00 hours to 00:00 hours

Friday and Saturday                     10:00 hours to 00:30 hours

Sunday                                        10:00 hours to 23:00 hours

Conditions

1. The provision of licensable activities at the premises shall remain ancillary to the use of the premises as a restaurant and pétanque/boules and/or competitive socialising venue.

 

2. Except for the areas shaded on the licence plan, the supply of alcohol shall be by waiter or waitress service only. Patrons shall not be supplied with or permitted to consume alcohol within the shaded area marked “alcohol storage area.”

 

3. The sale of alcohol for consumption off the premises shall only be to persons using the designated external seating until 21:00 hours. There shall be no supply of alcohol for consumption off the premises after 21:00 hours or for consumption beyond the designated external seating area at any time.

 

4. Food and suitable beverages other than alcohol, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where alcohol is sold or supplied.

 

5. 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.

 

6. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises (or immediately contactable) 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.

 

7. 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,

g)    Any refusal of the sale of alcohol;

h)    Any visit by a relevant authority or emergency service.

 

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

 

9. Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.

 

10. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

11. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

12. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.

 

13. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

 

14. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 20 persons at any one time. After 21:00 hours, the maximum permitted number shall be 10 persons at any one time.

 

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

 

16. 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.

 

17. 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 shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises is open.

 

18. Licensable activities may only be provided under this premises licence at such times that Boulebar UK Ltd. or a group company related to Boulebar UK Ltd. is the premises licence holder.