At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed an application by Mr. Daniel Aiudi for a premises licence in respect of Taco Taco, 141 Commercial Street, London E1 6BJ. The application sought to allow the sale by retail of alcohol (on and off sales) on Monday to Sunday, from 12:00 hrs to 21:00 hrs. Representations were received against the application from residents on the basis of preventing crime and disorder and preventing public nuisance.

 

At the request of the Chair, Mr Aiudi, applicant, recognised the importance of the Brick Lane Cumulative Impact Area, and sought to demonstrate how if the application were granted, his business would not add to the cumulative impact of noise and anti-social behaviour in the area. Mr Aiudi explained that the business was a small, food-led establishment with a seating capacity of 18 people. It was not alcohol-led and alcohol would be ancillary to the sale of food. This was reflected in the conditions offered, and conditions agreed with the responsible authorities, such as alcohol being supplied only to persons seated to take a table meal for consumption with the meal, no vertical drinking of alcohol on the premises, and all alcohol sold for off sales consumption being in sealed containers, ancillary to food orders.

 

Mr Auidi presented such conditions as addressing residents’ concerns about behaviour fuelled by customers drinking alcohol in the street. The impact of noise on residents would be mitigated by controlling the number of patrons on site and operating within the Council’s framework hours.  The pricing structure would not attract anti-socially behaved people seeking to purchase cheap alcohol. The applicant suggested he sought to take reasonable steps to prevent the premises adding to the cumulative impact in the area, if the application was granted. He further confirmed that his business had operated for one year so far. The premises had been soundproofed to ensure that background music did not affect local residents.

 

In response to question the following was noted;

 

-       In relation to paragraph 7.3 on page 22 of the agenda pack, the applicant confirmed that the business has no outdoor area, and that immediately outside the front of the premises had benches where patrons might sit after leaving the premises, although they would not be served out there.

-       The applicant proposed that staff would monitor and maintain that area immediately outside the premises every 20 minutes, particularly to ensure that it was free of rubbish left by patrons.

-       The applicant clarified that paragraph 7.4 on page 22 of the agenda pack was intended to limit deliveries to the premises to the hours of 8am to 6pm. 

-       The applicant withdrew that part of his application relating to non-standard timings.  

 

The objectors did not attend the meeting, but had submitted written representations expressing concerns about noise, litter, other anti-social behaviour, smells, and the increased potential for crime and disorder, which were considered by the Sub-Committee.  

 

Decision

 

This application engages the licensing objectives of preventing crime and disorder and preventing public nuisance.

 

The absence of objection by any of the responsible authorities was of neutral weight. Paragraph 1 of Appendix 5 to the Council’s Statement of Licensing Policy sets out the effect of the Special Cumulative Impact Policy for the Brick Lane and Bethnal Green area, “This special policy creates a rebuttable presumption that applications for the grant or variation of premises licences or club premises certificates which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impacts with one or more of the licensing objectives.” 

 

Paragraph 8 of Appendix 5 says, “The Special Cumulative Impact policy creates a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons against applications (Councillors, Members of the Public) within the CIA zones the application will be refused.”

 

Paragraph 9 of Appendix 5 says, “Where representations have been received in respect to applications within the CIA zones the onus is on the applicant to adequately rebut the presumption.”

 

Paragraph 11 of Appendix 5 says, “This special policy is not absolute and the Licensing Authority recognises that it has to balance the needs of businesses with local residents. The circumstances of each application will be considered on its merits and the Licensing Authority shall grant applications, when representations are not received. The applicant should demonstrated that the operation of the premises will not add to the cumulative impact on one or more of the following licensing objectives:

 

• Prevention of Crime and Disorder;

• Prevention of Public Nuisance.

 

Therefore, applicants will be expected to comprehensively demonstrate why a

new or varied licence will not add to the cumulative impact. They are strongly

advised to give consideration to mitigating potential cumulative impact issues

when setting out steps they will take to promote the licensing objectives in their

operating schedule.”

 

Paragraph 12 of the same appendix refers to a non-exhaustive list of possible exceptions to the presumption against granting licensing applications for premises in the cumulative impact area, including small premises with a capacity of 50 or fewer persons operating within the Council’s framework hours with no vertical drinking permitted, and applications which are not alcohol led.

 

The Sub-Committee appreciated the legitimate concerns of residents over the impact of licensed premises in a cumulative impact area. The premises are small with a seating capacity of 18 people. The application is not alcohol led. The premises will operate within the Council’s framework hours with alcohol supplied for on and off sales consumption only ancillary to meals, no vertical drinking permitted, and alcohol supplied with food delivery orders will be in sealed containers. The applicant has proposed measures which will mitigate potential cumulative impact issues in terms of noise, litter, other anti-social behaviour. The capacity of the premises and operating hours should mitigate the increased potential for crime and disorder.

 

This application forms an exception to the presumption against granting licensing applications for premises in the cumulative impact area. Therefore, the Sub-Committee decided to grant the application.

 

Accordingly, the Sub Committee unanimously;

 

RESOLVED

 

That the application for a new premises licence for Taco Taco, 141 Commercial Street, London E1 6BJ be GRANTED subject to the following conditions:

 

Sale of Alcohol

 

Monday to Sunday 12:00 hours to 21:00 hours

 

Conditions

 

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. 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) any complaints received concerning crime and disorder

(c) any incidents of disorder;

(d) any faults in the CCTV system;

(e) any refusal of the sale of alcohol;

(f) any visit by a relevant authority or emergency service.

 

4. 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) the crime scene is preserved so as to enable a full forensic

investigation to be carried out by the police; and

(c) such other measures are taken (as appropriate) to fully

protect the safety of all persons present on the premises.

 

5. 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.

 

6. A standard age verification check shall be undertaken on entering the

website. A signature at the point of delivery must be obtained. No

delivery shall be left without a signature. There shall be mechanism

either by an APP or on the delivery package to show the delivery rider is

aware it is an age restricted product to ensure ID checks are made upon

delivery of alcohol.

 

7. Alcohol shall only be delivered to a residential or business address and

not to a public place.

 

8. The supply 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.

 

9. There shall be no “vertical drinking” of alcohol at the premises.

 

10. All sales of alcohol for consumption off the premises shall be in sealed

containers and ancillary to a food order for delivery only.

 

11. All senior management engaged in licensable activity will undergo personal licence training. They must successfully complete the training, receive the certificate, and obtain a personal licence. Documentation of training, certification, and personal licences must be kept on the premises and be available for inspection by an authorised officer upon request. Training records will be retained for at least 12 months.

 

11. All staff engaged in licensable activity at shall receive internal training in handling aggressive behaviour and theft prevention. Training will include procedures for refusing service to drunk or underage customers and recognising signs of drunkenness. Training shall be recorded in documentary form and refreshed at least every 12 months. Training records must be available for inspection by an authorised officer upon request and retained for at least 12 months.

 

13. The area immediately outside the premises shall be monitored and maintained every 20 minutes whilst the premises are open, to reduce public nuisance. This includes regular cleaning of that immediate area, and noise control measures.

 

14. Deliveries to the premises will not take place outside the hours of 8am to

6pm.

 

15. Notices advertising that the premises operates a Challenge 25 scheme shall be displayed in a clear and prominent position at the premises entrance(s), and inside at the premises bar servery area.