Agenda item
Application for a New Premises Licence for Qualm Free Tearoom/The Hawkhurst Vault, 240 Brick Lane, London, E2 7EB
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 Qualm Free Tearoom/ The Hawkhurst Vault, 240 Brick Lane, London E2 7EB. It was noted that objections had been made by local residents.
At the request of the Chair, Mr Theodore Holder, Applicant, briefly explained that crime and disorder in the area pre-dated before the premises was open. He stated that the premises was of a gentle nature and drinks would be priced at £4.50 + and this would therefore be a deterrent for street drinkers etc.
He explained that the application had been modified due to the objections received, the hours had been reduced and conditions proposed by the Police accepted. It was noted that suitable signage would be placed around the premises asking customers to leave quietly and respect the needs of local residents, that there would be family friendly events and did not envisage customers causing disorder due to the nature of the premises.
Members then heard from Councillor Racheal Saunders representing Frances Carroll & Michael Holden who were unable to attend the meeting. She explained that there were real concerns of public nuisance, public safety and crime and disorder in the area and the opening of this premise has made it worse. She stated that the nature of the premises and the size of the premise meant that customers end up standing in the streets, blocking pavements causing residents and pedestrians to walk on the road to get passed the premises.
She also highlighted that there were concerns of poor management, customers regularly spilling on to the streets, noise nuisance at night and chairs and furniture left outside the premises causing obstruction to passers by.
Members then heard from Jane Miller, Tim Ross, and Bridget Irving, local residents who expressed similar concerns of noise and public nuisance, and public safety with benches and chairs left outside the premises, street corner and pavements obstructed by furniture and customers making it difficult for pedestrians to walk past. There were also concerns that taking drinks outside the premises would potentially cause more disorder.
In response to questions from Members the following was noted;
- That the capacity of premise was for 35 people
- The applicants previous experiences of working in licensed premises
- That the premises was a tea room and not a bar
- That the crowding on the street referred to in the photos submitted by the objectors were from one of the first TEN application they had.
In summing up the application, objectors believed that management were unable to manage the premises currently without a licence and having a licence would make it worse.
The applicants reassured Members that the premises was not a bar but a tea room and furniture would not be left outside and methods would be improved and every effort would be made to manage the premises legally and keep accesses clear.
Members retired to consider their decision at 6.40pm and reconvened at 6.55pm.
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.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had taken account of the evidence submitted by both the objectors and the applicant.
Members had reached a decision and this decision was unanimous. Members had noted the reduction in hours proposed by the Applicant and amendments to the licence sought. Members noted the issues and concerns of public nuisance and crime and disorder for and on behalf of local residents. Members were minded however that there were no representations from any of the relevant responsible authorities, namely the Police and Environmental Health.
Members noted that the issues of disorder related to items being placed on the highway outside the premises and by allowing persons to consume drinks on the highway.
Before refusing a licence outright, Members had to consider whether conditions could be placed on the licence and which could address such concerns. Members also had to take into account that issues of highway obstruction could be dealt with by the Council as the appropriate highway authority.
Members considered that with the reduced hours and by adding the additional conditions and later set out, the Licensing Objectives would be promoted .
Members would also recommend that the relevant Council Services attend the premise location and undertake relevant and deal with any issues of highway obstruction.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Qualm Free Tearoom/ The Hawkhurst Vault, 240 Brick Lane, London E2 7EB be GRANTED with conditions.
Sale of Alcohol (on sales)
Sunday to Thursday from 11:00 hours to 20:00 hours
Friday and Saturday from 11:00 hours to 21:00 hours
The Presentation of Films
Monday to Sunday from 08:00 hours to 21:00 hours
Hours Premises is open to the Public
Monday to Saturday from 07:00 hours to 23:00 hours
Sunday from 07:00 hours to 22:00 hours
Conditions
- There shall be no off sales
- No alcohol purchased within the premises is to be allowed to be taken outside the premises to be consumed outside the premises
- Alcohol is only to be served to persons who are seated at tables within the premises .
- There is to be no vertical drinking of alcohol
- There will be no advertisement of alcohol sale via on street flyers
- The capacity of the venue will be monitored and set at 35 inside the venue, 15 on the ground floor and 20 in the basement.
- A challenge 25 policy will be operated and suitable signage will be displayed in the premises to that effect.
- A refusal book is to be kept at the premises and maintained by logging incidents when sale of alcohol is refused.
- No under 18s will be allowed on the premises after 9pm
- Prominent and clearly legible notices shall 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.
Supporting documents:
- Qualm Free cover report, item 4.1 PDF 79 KB
- Qualm Free Appendices Only, item 4.1 PDF 24 MB
- Qualm Free Supporting Documents Only, item 4.1 PDF 2 MB
- Qualm Free Supporting Documents 2, item 4.1 PDF 57 KB