At the request of the Chair, Ms Kathy Driver, Principal Licensing Officer, introduced the report which detailed the application for a temporary event notice for Subway, 222 Brick Lane, London E1 6SA. It was noted that the Metropolitan Police had objected to the application.

At the request of the Chair, Mr Mohammed Alam, Applicant, explained that the application was for late night refreshments only. He stated that his premises would not attract new customers to the area and already sold cold sandwiches until 4.00 a.m.  The only change requested was for the licence to sell hot sandwiches and hot drinks, which he felt would actually reduce alcohol sales and anti-social behaviour.  He did not think that by selling hot food would increase the current anti-social behaviour in the area.

Mr Alam stated that there was a need for Council to support local businesses. He mentioned that the Police had stated that he had been flaunting the Licensing Policy but he had been unaware of its requirements and had applied for a licence immediately once he had found out.

Members then heard from PC Mark Perry, who explained that Brick Lane was number one in the borough for high levels of anti-social behaviour. He stated that if the application was granted then this would undermine the public nuisance objective and increase crime and disorder and anti-social behaviour in the area. He further explained that people usually want hot food after consuming alcohol in clubs, bars, and pubs which then leads to nuisance and disorder and another late night premises hot food would attract people to the area and they would remain hanging around there till early hours of the morning.

PC Perry also pointed out that the applicant had traded outside opening hours, and was spoken to by the Licensing Section.

In response to questions from Members the following was noted;

• That the applicant currently didn’t have a licence but could sell cold food and drinks until 4am.
• That the premise was opposite the 24 hour bagel shop in Brick Lane.
• The dates applied for the Temporary Event Notice were for the 15^th-17^th November.
• That the large queues outside the 24 hour bagel shop would possibly be split between the two premises and possibly attract more inebriated and drunk people to the area.

Members retired to consider their decision at 5.15pm and reconvened at 5.30pm.

The Licensing Objectives

In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Licensing Guidance and the Council’s Statement of Licensing Policy.

Consideration

Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had decided to grant the temporary event notice. The Sub Committee noted both comments and representations from the Applicant and PC Perry and the difficulty which arises from the anti-social behaviour in the Brick Lane area.

Members did not think it was appropriate or proportionate to reject the application entirely as Members noted that there was no evidence to suggest that there was any public nuisance or crime and disorder linked to this premises. However noted that the applicant had traded outside opening hours at a different premise he had owned.

Members stated that on this occasion they would grant the application to give the applicant the opportunity to prove himself as a responsible seller.  However Members stated that any results from trading would be used against the applicant for future applications if any problems were to occur.

Decision

Accordingly, the Sub-Committee unanimously –

RESOLVED

That the application for a Temporary Event Notice for Subway, 222 Brick Lane, London E1 6SAbe GRANTED.

The Provision of Late Night Refreshments

• 15^th – 17^th November 2013 from 23:00 hours to 04:00 hours