Agenda item
Application to Review the Premises Licence for Café Bangla - 128 Brick Lane, London, E1 6RL
Minutes:
At the request of the Chair, Mr Andrew Heron, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for Café Bangla, 128 Lane, London E1 6RL. It was noted that the review had been triggered by the Licensing Authority and supported by the Metropolitan Police.
At the request of the Chair, Mr Kathy Driver, Principal Licensing Officer explained that on the evening of 20th July 2014 PC O’Rourke visited the premise investigating a breach of a licensing condition, the use of touts offering inducements. Mr Daras Miah, Premises Licence Holder failed to operate the CCTV cameras.
It was noted that the Licensing Team then wrote to Mr Daras Miah on 3rd September 2014 requesting Mr Miah to apply for a minor variation to add a condition employing the wording of the best practice CCTV conditions produced by the Metropolitan Police. Unfortunately Mr Miah did not respond therefore a review was triggered along side this there was also history of crime and disorder and touting in relation to the premises.
Ms Driver referred Members to the witness statements and warning letters contained in the agenda and concluded that the Licensing Authority were seeking to amend the licence and add the CCTV conditions.
Members then heard from PC Alan Cruickshank, Metropolitan Police, he explained that touting was endemic and often leading to violence, crime and disorder and anti-social behaviour and that the use of CCTV cameras inside and outside the premises was an important tool in promoting the licensing objectives. He then referred to the police representation on pages 232-248 of the agenda which detailed all reported and recorded incidents, which clearly indicated that Mr Miah was failing to promote the licensing objectives.
He concluded that there was sufficient evidence to warrant a suspension of the premises licence in order to sort out management practice and put in place a robust operating system.
Members then heard from Mr Anthony Edwards, Legal Representative on behalf of the Premise Licence Holder, Mr Miah. He explained that they had no objection in adding the CCTV camera conditions in order to assist with prevention of crime and disorder and public nuisance, however did accept that they needed help making it easier to download images.
It was also noted from the Police statement that on two occasions Mr Miah was seen to be helping control a situation and offering to assist. Mr Edwards explained that the summer of 2013 was a bad time for Mr Miah he went away to Bangladesh between October 2013 – January 2014, when some of these incidents had occurred.
Mr Edwards explained that the culture and atmosphere of Brick Lane was different to others and that a meet and greet policy needed to be in place and that it needed cooperation from the Council to implement such a policy. It was also disputed the fact that Mr Shah Kamali worked for Café Bangla as there was no evidence.
In conclusion Mr Edwards stated that conditions should be imposed and there should be no suspension of the premises licence as there have been no complaints from the public. He questioned why the police had not brought their own review as the Licensing Authority only wanted conditions to be imposed. He also stated that a suspension would mean a ‘bring your own policy’ would be in affect and therefore alcohol would not be regulated. He stated that Mr Miah had a better understanding of the licensing objectives and that it would be disproportionate to suspend the licence.
In response to questions the following was noted;
· That Mr Miah disputed the fact that he showed aggression towards Police Officers.
· That Mr Miah needed training to operate the CCTV system.
· That there should be a meet and greet policy in place.
· That those premises that didn’t have licences, Touting bye laws would apply and Licensing Authority were also looking at closure powers.
· That Mr Miah questioned the fact that a Police Officer in their witness statement had stated that Mr Miah was present during an incident when this could not have been possible as he was on curfew and therefore at home at that particular time.
· It was noted that Mr Miah was known to PC O’Rourke and he believed to have identified him correctly from CCTV footage.
· That due to all these incidents, Mr Miah was going to put the premises up for sale.
· That there had been no complaints from the public.
· That Mr Miah had been previously arrested in relation to violence.
· That although Mr Miah was out of the country for a period it was still his responsibility to manage the premise and arrange for adequate cover.
Members retired to consider their decision at 3.20pm and reconvened at 3.25pm.
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 representation from all interested parties.
Members reached a decision and the decision was unanimous. Whilst making the decision Members had regard to section 51 of the Licensing Act 2003 and paragraph 11 of the statutory guidance relating to reviews. The Chair stated that in light of the evidence provided and breaches of the premise licence conditions in relation to touting which is in itself was a criminal offence, Members felt that it was appropriate and proportionate to suspend the premises licence for the maximum period of 3 months.
The Chair stated that it was the Sub Committee’s view that there were clear problems of crime and disorder and therefore felt it was necessary and proportionate to suspend the licence and add CCTV conditions in order to reorganise and improve the management of the premises. The Chair also suggested that the Premises Licence Holder work closely with the Police and Licensing Services to help promote the licensing objectives.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a Review of the Premises Licence for, Café Bangla, 128 Brick Lane, London E1 6RL be GRANTED with a suspension of the licence.
Suspension
Three month’s suspension, with effect from the date of the meeting. (the commencement date for suspension, to be detailed, in the decision notification letter)
Conditions
1. CCTV camera system shall be installed at the premises. One camera be placed outside the entrance and one on entry to the premise
2. The CCTV system shall incorporate a recording facility and recordings shall be retained and stored in a suitable and secure manner for a minimum of 31 days. A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained. The system will comply with other essential legislation, and all signs as required will be clearly displayed. The system will be maintainedand fully operational throughout the hours that the premises are open for any licensable activity. There must also be someone on the premises, who can downlad the images and present them on request by a police officer ot other responsible authority.
3. CCTV to be maintained in good working order.
Supporting documents:
- Cafe Bangla cover report, item 4.2 PDF 93 KB
- Cafe Bangla Appendices 1, item 4.2 PDF 8 MB
- Cafe Bangla Appendices 2, item 4.2 PDF 21 MB
- Cafe Bangla Appendices 3, item 4.2 PDF 17 MB