At the request of the Chair, Mr Nick Kemp, Licensing Officer, introduced the report which detailed the application for a review of the premises license forMango Restaurant, 90 Brick Lane, London E1 6RL. It was noted that the review had been triggered by Trading Standards and supported by the Metropolitan Police. Mr Kemp reported that the Premises License Holder having spoken to Mr McCrohan, had also come to an agreement and was happy to add the recommended conditions to his existing license.

Mr Muktar Miah, Representative on behalf of the Premise License Holder explained that the employee who had been touting was dismissed as a result of the incident. He stated that the manager had not been aware that touting was taking place as he had only popped out to the shops for a few minutes when the incident had occurred.

There were no additional submissions from Trading Standards or Metropolitan Police other then their statements contained within the agenda.

In response to a question, Mr John McCrohan, explained what touting was and how touting had occurred in this instance. In response to further questions Mr Miah acknowledged that the Premises License Holder was aware that there was a condition on the license not to solicit for custom. However he explained that this incident had occurred whilst the manager was not at the premises and that the member of staff had touted at his own discretion because the restaurant was not busy. Mr Miah further explained that as a result of the incident the member of staff involved was then dismissed. Members questioned a previous incident referred to by the Police on page 118 of the agenda, for touting in Feb 2010. Mr Miah stated that the incident referred to had occurred whilst under a different ownership. It was also noted that the current ownership commenced in October 2010.

Members questioned the period of time that the manager had been away from the premises, as two test purchases took place on the same day, one after the other.    

The Chair advised that the Sub Committee would at 8.45pm adjourn to consider the evidence presented. Members reconvened at 9.00pm. The Chair reported that;

Having heard representations from both parties and based on the evidence provided. Members considered the application in relation to compliance with the local touting byelaw. The Sub Committee found that the evidence to be sufficient enough to take action.    

Members were not satisfied with the justifications of answers given on behalf of the Premise License Holder as there had been many discrepancies in the answers given regarding the course of events. It was also noted that the licence already had a condition in relation to touting which was therefore breached. Members agreed that the license be suspended for one week and additional conditions be imposed.

RESOLVED

That the review application for the premises license for Mango Restaurant, 90 Brick Lane, London E1 6RL be GRANTED in part with the following conditions to be imposed immediately.

Suspension

One week suspension. (the commencement date for suspension, to be detailed, in the decision notification letter)

Conditions

Existing Condition 14 (annex 3) be replaced with the following conditions;

1. No person shall be employed to solicit for custom or be permitted to solicit for custom for business for the premises in any public place within a 500 metres radius of the premises.

2. Clear signage to be placed in the restaurant windows stating that the premises supports the Council’s ‘No Touting Policy’.