At the request of the Chair, Mr Nick Kemp, introduced the report which detailed the application for a new premises license for 118 Brick Lane, London E1 6RL. It was noted that an objections had been received by the Metropolitan Police, Environmental Protection, Planning Enforcement and local residents.

At the request of the Chair Mr Azmal Hussain, applicant explained that the license had elapsed and wanted a like to like license as previously granted. He explained that there were a couple of off licenses in the area which had sale of alcohol licenses until 03:00 hours in the morning and other restaurants on Brick Lane had licenses until 02:00 hours and therefore requested that the sub-committee grant the license. He also stated that he was happy for conditions to be imposed to help promote the licensing objectives.

Mr Alan Cruickshank, Metropolitan Police, referred to his statement on page 135 of the agenda and explained that Brick Lane was already a very busy area, one which would be suitable for a saturation policy. He highlighted that the night time economy was important, however needed to be balanced between the needs of the residents and those of the local businesses. He explained that the hours were excessive and the hours exceeded the vast majority of other restaurants in Brick Lane. He believed that if the license was to be granted in its entirety there would be a number of other restaurants that would apply for similar hours and this would have a detrimental effect on the lives of the local residents.

Mr Cain Duncan, Planning Enforcement, referred to his statement on page 141 of the agenda and explained that planning enforcement did not support the application to supply alcohol until 02:00 hours, as this would cause serious public nuisance to surrounding residential occupiers later into the evening then what currently occurs. He stated that Brick Lane had reached a point where the late night economy is drawing uncontrollable large volumes of people to the area, late at night especially in weekends and is causing serious late night noise and disturbance issues to residents who live in the area. He explained that the granting of the premises license will not maintain a balance between commercial activities and residential amenity.

He also explained that the hours being applied for could not legally be implemented as the premises did not have planning permission nor was planning permission likely to be granted. It was noted that he would support the application if the hours of operation were restricted to midnight in accordance with the granting of planning permission.

Derrick Harrington, Environmental Protection referred to his statement on page 147 of the agenda and stated that the applicant had told him that he had sent in an application with amended hours, however this had not been received and therefore Environmental Protection was still in objection the application. He explained that the hours are both excessive and unreasonable and lacked managerial control. 

Mr Harrington explained that the applicant had not applied for late night refreshments and the hours proposed for the sale of alcohol for consumption on the premises was the same as the proposed opening hours with no 30 minutes drinking up period. He suggested that if the application is to be granted then the same hours and conditions be imposed as agreed and resolved for the applicant’s application for 108 Brick Lane. 

The Chair then invited residents who wished to address the Committee, Jane Curtis, and John Critchley, spoke in objection to the application, each addressing similar concerns in relation to noise nuisance, public disorder, anti-social behaviour, and crime and disorder.

It was noted that all residents who had made representations were sent notifications letters informing them of the meeting on 16^th June 2010.

In response to a question Mr Cruickshank explained that on 23^rd July 2010 during the consultation period he had seen people drinking in premises at 21:00 hours, when there was no premises license for the sale of alcohol.

In response to further questions, the applicant confirmed that it was two premises which were linked through the basement, that he believed that customers could bring their own drinks if there was no premise license, that there was 60/70 covers for each premises and that he already employed SIA door staff. Concerns were raised as to the warning letters, Mr Hussain explained that he did not apply for planning permission because he wasn’t aware that he required planning permission. In response to another question Mr Hussain confirmed that CCTV cameras would be in operation within the premise. 

The Chair advised that the Sub Committee would at 7.45pm adjourn to consider the evidence presented. Members reconvened at 8.40pm. The Chair reported that;

Having heard from applicant, local residents and officers representing the Metropolitan Police, Environmental Protection and Planning Enforcement, the decision was to grant the application in part with a number of conditions.

The Sub-Committee considered the application based on the information that was provided at the meeting, giving due weight to planning and environmental issues in this instance. However the decision was ultimately decided in regard to the licensing objectives, in this case, the prevention of crime and disorder and the prevention of public nuisance.

It was noted that the Sub-Committee could only impose conditions that related to the licensing objectives and believed that it was not within their remit to impose all conditions suggested by Planning Enforcement, however hoped a voluntary agreement could be reached between the applicant and Council’s Planning Enforcement Department.

RESOLVED

That the new application for 118-122 Brick Lane, London E1 6RL beGranted in part with the following conditions; 

Sale of Alcohol (on and off sales)

Monday to Saturday from 12:00 hours to 23:00 hours

Sunday from 12:00 hours to 22:30 hours

The Provision of Regulated Entertainment

(Recorded music only)

Monday to Saturday from 12:00 hours to 23:00 hours

Sunday from 12:00 hours to 22:30 hours

Hours Premises is Open to the Public

Monday to Saturday from 12:00 hours to 23:30 hours

Sunday from 12:00 hours to 23:00 hours

Conditions

1. No regulated entertainment is to be provided except low key background music only. A noise limiter is to be installed, the settings (maximum music noise levels generated) of which are to be set and agreed beforehand with the Environmental Protection Service, and the agreed level be made available to the public on request.

2. To ensure, as far as reasonably practical, that patrons who enter and exit the premises especially late at night will act quietly and considerately at all times by ensuring prominent and clearly legible notices to be displayed at all exists of the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

3. At all times, two trained SIA security staff will be on duty within the premises, with one on each door, for door control to maintain good order and public safety.

4. The premise is required to have CCTV cameras installed, covering the premises internally and externally.

5. That the CCTV system should incorporate a recording facility and any recording should be retained and stored in a suitable and secure manner for a minimum of 31 days. A system should be in place to maintain the quality of the recorded image and a complete audit trail maintained. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

6. No food or drink will be allowed to be consumed outside the premises.

7. There will be no early morning (before 08:00 hours) or late night (after 19:00 hours) deliveries of food and drink to the premises. No bottles or refuse will be placed outside the premises after 21:00 hours.