Agenda item
Application for a Variation of a Premises Licence for Best Star One, 23 Whitechapel Road, London, E1 1DU
- Meeting of Extraordinary, Licensing Sub Committee, Tuesday, 4th February, 2014 10.30 a.m. (Item 4.4)
Minutes:
At the request of the Chair, Mr Andrew Heron, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Best Star One, 23 Whitechapel Road, London E1 1DU. It was noted that objections had been made by local residents, Metropolitan Police and the Licensing Authority. It was noted that the representation from the Director of Public Health would not be considered as it did not directly relate to the premises.
At the request of the Chair, Debora Silvester, Licensing Representative stated that she wanted to amend the hours to reduce the hours to 3am Monday to Saturday and Sunday till 2am.
She stated that there had been a couple of test purchases at the premises and both had been successful. It was noted there were seven members staff, four of whom had personal licences. That staff had regular training and records were kept and would be available for inspection, that a challenge 25 policy was being operated and a refusal book kept and that there had never been any evidence of staff selling to underage children.
Ms Silvester stated that in 2012 alcohol was seized from the premises however all the bottles were returned as they were found to be genuine and they had documents available. She stated that the premises licence holder had firmly believed that the officers who turned up at the premises were suspicious as previously they had been scams where alcohol had been taken. It was further noted CCTV recordings were now programmed to be kept for 45 days and strict measures in place to have no children allowed after 10pm without an accompanied adult and would actively discourage and ban known street drinkers.
At the request of Chair, PC Mark Perry referred to the statement contained in the agenda explaining that the premises was in the middle of the saturation zone, and referred to the incidents which had occurred at the premises. PC Perry highlighted the Premises License Holder’s challenging behaviour towards the Police. It was also noted that CCTV observations had shown that alcohol had been sold outside terminal hours. He also made reference to effect longer opening hours would have on the hostels nearby and that this would be the focal point for street drinkers and with people often found to be begging outside the premises and therefore there they may be temptation to sell to people who are intoxicated.
Members then heard from Jon Shapiro, local resident, who expressed concerns of anti-social behaviour, crime and disorder in the area.
In response to questions from Members it was noted that the premises was on the main road and there were many hostels nearby. That the Premises Licence Holder had been very aggressive towards Police when customs visit was undertaken and that alcohol had been sold outside licensing hours.
Members retired to consider their decision at 12.55pm and reconvened at 1.10pm.
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 refuse the application in order to address the concerns raised in relation to the licensing objectives of “the prevention of public nuisance” and ‘the prevention of crime and disorder’.
The Sub Committee noted both comments and representations from the applicant’s representative and the objectors. Members did not think it was appropriate or proportionate to grant the application as Members felt that they had no confidence that the Premise Licence Holder would promote the licensing objectives as there had been a breach of the existing licence in relation to CCTV conditions and the premises was found to have been open beyond operating hours.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a variation of the premises licence for Best Star One,
23 Whitechapel Road, London E1 1DU, be REFUSED.
Supporting documents: