Agenda item
Licensing Act 2003 Application for a Variation to Premises Licence for Original Taste, 74 Bow Road, London, E3 4DL
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Minutes:
Attendees
Mohammed Chowdhury, KC Solicitors (legal representative)
Shahin Ahmed, Original Taste (applicant)
No objectors were in attendance
The report was introduced by Tom Lewis, Licensing Team Leader who advised that this application was for a premises licence variation for Original Taste, 74 Bow Road, E3 4DL. Mr Lewis reported that since 2013, the Council had received no complaints regarding the management of the premises.
Mr Chowdhury addressed the meeting on behalf of the applicant and advised that a variation was being sought to allow the premises to open until 12 midnight on Friday and Saturday. Mr Chowdhury referred to other nearby premises with a late licence as listed on pages 123 – 125 of the agenda pack and argued that extending the licence for an extra hour to provide late night refreshment would not contribute to noise disturbance or anti social behaviour.
There was no evidence to suggest that the premises was associated with littering as effective litter control measures were already in place including signage to encourage customers to dispose of litter appropriately. Allegations that a person had been stabbed on the premises were incorrect as the stabbing had occurred outside a pub near the premises. Measures already in place under the current licence including CCTV would ensure that the licensing objectives continued to be met.
The applicant responded to questions and comments from Sub Committee Members and the Legal Services Advisor sought clarification on the conditions set out on pages 97 - 98 of the agenda pack.
Deliberations
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 and in particular to have regard to the promotion of the four licencing objectives:
1. The Prevention of Crime and Disorder
2. Public Safety
3. Prevention of Public Nuisance
4. The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and written representations from local residents (no objectors attended to make oral representations).
The Sub Committee noted that it was requested to grant a variation to a Premises Licence for Original Taste, 74 Bow Road, E3 4DL. Members heard from the applicant’s legal representative that a variation to opening hours was being sought to allow the premises to open until midnight on Friday and Saturday in order to provide late night refreshment. The Legal representative stated that the premises was not associated with Anti-Social Behaviour and the extended hours would still promote the Licensing Objectives. Furthermore adequate measures were already in place to ensure that the premises did not cause disturbance to residents.
Having considered all the written and oral representations, the
Sub Committee noted that no representations had been made by any
responsible authority and that no written or verbal evidence had
been presented to suggest that there was any record of complaints
to the Council regarding nuisance nor disturbance directly linked
to the premises.
Members were satisfied that the conditions listed in the Operating Schedule attached to the application were adequate and proportionate subject to alterations in respect of the timing of deliveries, retention of CCTV footage, incident books and the provision/use of waste receptacles
RESOLVED – That the application for a Variation to the Premises License for Original Taste, 74 Bow Road, E3 4DL, be GRANTED subject to the conditions set out below.
CONDITIONS
1. CCTV System installed to monitor entrances, exits, and other parts of the premises in order to address the prevention of crime objective; CCTV system shall incorporate a recording facility and any recordings shall be retained and stored in a suitable and secure manner for a minimum period of 31 days with date and time stamping. The system will comply with other essential legislation and all signs as required will be clearly displayed. Someone must always be on the premises who is trained and can download the recordings upon request. Recordings shall be made available for inspection at the premises by Responsible Authorities.
2. A clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted;
3. Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed;
4. Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises;
5. Prevention and vigilance in illegal drug use at the retail unit area;
6. An incident book and recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The log book shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation;
7. Noise reduction measures to address the public nuisance objective; in the form of signage and advice to patrons
8. Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly;
9. Deliveries of goods necessary for the operation of the business will be carried out between the hours of 11:00 hrs to 14.00 hrs only in such a manner as to prevent nuisance and disturbance to nearby residents;
10. The Licensee will ensure that staff who arrive early morning or depart late at night (ex. for unpacking, pricing newly delivered goods) when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents;
11. Customers will be asked not to stand around loudly talking in the street outside the premises;
12. The movement of bins and rubbish outside the premises will be kept to a minimum after 20:00hrs. This will help to reduce the levels of noise produced by the premises;
13. Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents;
14. Adequate waste receptacles for use by customers will be provided in the local vicinity (1 waste bin inside the premises and 1 waste bin outside the premises)
15. A full training record to be retained in the retail unit at all times.
Supporting documents:
- 3.2a Original Taste rpt, item 3.2 PDF 98 KB
- 3.2b Original Taste App, item 3.2 PDF 2 MB
- Original taste supplement, item 3.2 PDF 285 KB