Agenda item
Application for a New Premises Licence for Misschu, 91 Whitechapel High Street, London E1 7RA
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 Misschu, 91 Whitechapel High Street, London E1 7RA. It was noted that an objection had been received by the Metropolitan Police.
At the request of the Chair, Mr Marcus Lavell, Legal Representative on behalf of the Applicant gave a brief background of the nature of the premises. It was noted that Misschu was a bold and unique brand across Australia and now the UK, the restaurant served classic Vietnamese street and café foods as both table food and takeaway service. It was further noted that there would only be three forms of alcoholic drinks served at the premises and would be ancillary to food.
Mr Lavell explained that the premise was located at the edge of the cumulative impact zone, however the operators had experience of trading in saturated areas as 8 out of 9 of the premises was located in city centre environments. He explained that they had removed off sales and agreed to conditions proposed by the Police.
It was reiterated that the sale of alcohol was ancillary to food and that alcohol would be less than 5% of their annual turnover. It was noted that the Applicant in addition to promoting the licensing objectives would also support the vision promoted by the Tower Hamlets Partnership Community Plan.
Mr Lavell concluded that the hours applied for were within the framework hours, that conditions had been agreed with the Police, there were no more than 58 covers at the restaurant. Whilst operating Temporary Event Notices there had been no problems or complaints.
Members then heard from PC Alan Cruickshank, Metropolitan Police, he explained that although the hours were within the framework hours it was still another premises that would have the ability to sell alcohol in an area which was already saturated. It was noted that the objection was not a reflection on the applicant but a response to the Saturation Policy. Since the introduction of the policy and the Cumulative Impact Zone (CIZ), licences have been granted in this area but the continuing introduction of new licenced premises or variations however small or well run, would only compound the problems in the CIZ.
Members briefly discussed amongst themselves and the Chair stated that;
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 Home Office 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 heard representations from the Applicant’s representative and PC Alan Cruickshank.
Members reached a decision and the decision was unanimous. Members decided to grant the application with conditions agreed with the Police. Members noted that the premises was within the cumulative impact zone, however, Members were satisfied that having seen the evidence prior to and at the meeting, the Applicant had done everything they could to mitigate further impact within the cumulative impact zone and Members were content that the conditions proposed would promote the licensing objectives.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Misschu, 91 Whitechapel High Street, London E1 7RA be GRANTED with conditions.
Sale of Alcohol (on sales only)
Monday to Sunday from 11:00 hours to 22:30 hours
Hours Premises is open to the Public
Monday to Sunday from 11:00 hours to 23:00 hours
Conditions
1. Alcohol shall not be sold, supplied or consumed on the premises otherwise than to persons who are seated in the premises and bona fide taking meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
2. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS hologram.
3. CCTV camera system covering both internal and external to the premises is to be installed.
4. The CCTV recordings are to be maintained for 30 days and to be provided upon request to either a Police Officer or an officer of any other Responsible Authority.
5. At all times when the premise is open, a person who can operate the CCTV system must be present on the premises.
6. Prominent and clearly legible notices shall be displayed at all exits of the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.
Supporting documents: