Agenda item
Application for a Premises Licence for Preem, Ground Floor and Basement, 118 - 122 Brick Lane, London E1 6RL
Minutes:
At the request of the Chair, Mr Alex Lisowski. Licensing Officer, introduced the report which detailed the application for a new premises licence for Preem, 118-111 Brick Lane, LondonE1 6RL. It was noted that there had been objections from the Metropolitan Police, Trading Standards, Licensing Authority and local residents. It was noted that the Licensing Authority had given their apologies for the meeting but wanted their representation on page 148 – 151 to be noted and considered.
Mr Greeno advised Members that the Special Cumulative Impact Policy was subject to a rebuttable presumption and it was for the applicant to satisfy Members through the operating schedule how they would promote the licensing objectives and not add to the existing concerns in the area.
At the request of the Chair, Ms Seema Kansal, Legal Representative for the applicant stated that the Special Cumulative Impact Policy was a rebuttable presumption. She highlighted the nature of the business and stated that customers would be coming into the premises, will be seated and will be dining inside and therefore anti-social behaviour would be minimised as alcohol would servedinside the premises.
Ms Kansal stated that there was no direct evidence of anti-social behaviour linking to the premises. It was noted that toilet facilities were available on the premises and therefore this would address concerns of urination. She concluded that the applicant was an experienced licence holder, and had assisted the Police on a number of occasions with CCTV footage.
At the request of the Chair PC Cruickshank referred to his statement on 154-157 and stated that by staying open until 03:00 would cause anti-social behaviour and public nuisance. He made reference to the cumulative impact zone and the crime statistics in the area. He concluded that the hours applied for were excessive and the hours exceed the vast majority of other restaurants hours in Brick Lane. That more people in the cumulative impact zone during late hours would increase the likelihood of for ASB and disorder.
Members then heard from Ian Moseley, Trading Standards Officer, who explained that the premises had been reviewed previously and there had been breaches of touting and insufficient management of the premises. He stated that the managerial control at the premises was not adequate. The erection of an illegal extension the use of fake blue notices and sales of alcohol during suspension indicated a disregard for legal requirements. The extension of capacity and hours compared to the existing licence represents a risk of additional strain on the management resulting in further breaches of the law and an increase in public nuisance in the area.
Members also heard from Ms Sandy Critchley and James Imrie, local residents who also expressed concerns about the anti-social behaviour in the area, the applicant’s mismanagement, breaches of existing conditions and the effect on the cumulative impact zone.
In response to questions, the Applicant stated he would not be touting anymore and would take positive steps to promote the licensing objectives, would employ additional staff to help customers leave quietly and have voice activated CCTV system and would not allow drunk people to enter the premises.
Members retired to consider their decision at 8.45.pm and reconvened at 8.55pm.
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.
Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had carefully listened to both the Applicant’s Representative and submissions from the Police, Trading Standards and local residents. Members did not think it was appropriate to grant the application as Members felt that it would undermine the Licensing Objectives of crime and disorder.
In making the decision Members noted that the premises was within the area of the Special Cumulative Impact Zone but did not consider whether the applicant had addressed the rebuttable presumption as Members had noted that there had been a number of Licensing breaches including touting; serving alcohol during a period of suspension; and opening outside terminal hours. Members were also concerned that the applicant considered that the retail sale of alcohol was a supply of refreshment and therefore covered by the hours applied for the provision of late night refreshment. Such are different licensable activities however. Therefore Members’ decided to refuse the application.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Preem, Ground Floor and Basement, 118-122 Brick Lane, London E1 6RLbe REFUSED.
Supporting documents: