Agenda item
Licensing Act 2003: Application for New Premises Licence for Sakana Sushi, Unit E, 43A Commercial Street, London, E1 6BD
- Meeting of Extraordinary meeting, Licensing Sub Committee, Thursday, 27th April, 2017 6.30 p.m. (Item 4.1)
- View the background to item 4.1
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Local residents
Minutes:
DECISION
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 the written and verbal representations made by the applicant and his representative and the written representations of residents who objected to the application. The Sub-Committee noted that:
- The premises had been previously licensed for late night refreshment only.
- The premises were located in a cumulative impact zone and therefore there was a presumption that the grant of a licence would cause public nuisance unless evidence presented by the applicant rebutted this presumption.
- The previous premises licence had lapsed and therefore the owner of the business was not eligible to apply for a variation to the licence under the terms of the Act.
- There were some inconsistencies in the application relating to licensable activities applied for and the notices published. Since the application for late night refreshment was not advertised in the notices relating to the application and hence the public had not had opportunity to respond/consider this element, the subcommittee would be unable to determine this element relating to the provision of late night refreshment.
- No interested parties (objectors) had attended in person to offer their arguments against the application
Members heard from Councillor Oliur Rahman on behalf of the applicant:
- The premises’ primary offer was sushi food
- The proposed applicant had been running business of a similar nature for 27 years. He managed a premises in Italy for 15 years
- The premises had previously been licensed (to sell late night refreshment) during which time the applicant had demonstrated good character, abiding by the terms of his licence and participating in Council schemes in the area to mitigate public nuisance caused by licensed premises
- The applicant had reduced the hours applied for
- The applicant was willing to accept conditions recommended by responsible authorities and the Sub Committee to mitigate any effects that might arise from the activities of the premises
- The applicant will continue to work with the police and local community to ensure that the licensing objectives are upheld
- The main business would be the sale of sushi food. The sale of alcohol would be an optional extra for the customers
- The reason an alcohol licence is being applied for is because the owner of the business would like to have more control on what alcohol is consumed on the premises. When he previously had a licence for late night refreshment only if customers brought their own alcohol he had no way of controlling how much they consumed.
Members considered the written representations of the interested parties which concerned public nuisance (antisocial behaviours and noise disturbance) that might arise from the activities of the premises.
Members were sympathetic to the concerns of residents and considered them in the context of the applicant’s agreement to reduce the operating hours and conditions recommended by Responsible Authorities (Police and Environmental Health) and the Sub Committee. The Sub Committee was satisfied that these measures were sufficient to rebut the Cumulative Impact Zone presumption and considered it would be inappropriate to refuse to grant a licence.
Members only concern was that applicant had some gaps in his knowledge in respect of alcohol volumes of the drinks he was proposing to sell. Members were therefore of the view that
RESOLVED
That the application for a New Premises Licence for Sakana Sushi, 43a Commercial Street, London E1 6BD be granted with conditions for
Sale by retail of alcohol (on sales only)
Sunday to Thursday from 11:30 hours to 22:30 hours
Friday and Saturday from 11:30 hours to 23:00 hours
The opening hours of the premises
Sunday to Thursday from 11:30 hours to 23:00 hours
Friday and Saturday 11:30 hours to 23:30 hours
Conditions
1. The supply of alcohol at the premises shall only be to a person seated taking a meal there and for consumption by such a person as ancillary to their meal
2.
CCTV – The CCTV system shall incorporate a
recording facility and any recording 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
maintained and fully operational throughout the hours that the
premises is open for any licensable
activity. There must be someone on the premises who can download
the images and present them on request by Police Officer or other
Responsible Authority. Cameras will be appropriately sited
throughout and at the entrance to the premises.
3. An incident book shall be kept at the premises, and made available to the Police or authorised Council Officers which will record:
a. crimes reported,
b. lost property,
c. all ejections of customers,
d. any complaints received,
e. any incidents of disorder,
f. any seizure of drugs or offensive weapons,
g. any faults in the CCTV,
h. any refusal in the sale of alcohol,
i.
any visit by a Responsible Authority or Emergency
Service,
4. Notices will be prominently displayed at entry and exit doors and point of sales advising customers:
a. to respect the needs of local residents and leave the area quietly
b.
to respect the needs of local residents when smoking
outside and use the area quietly
5.
A Challenge 21 Scheme shall operate to ensure that
any person attempting to purchase
alcohol who appears to be under the age of 21 shall provide
documented proof that he/she is over 21 years of age. Proof of age
shall only comprise a passport, a photo card driving licence, an
EU/EEA national ID card or similar document, or an industry
approved proof of age photo identity card with an official
hologram.
6.
All staff will be trained on induction and be given
refresher training to appropriately undertake the sale of alcohol
and their role in the operation of Challenge 21 Scheme. Training will include identifying persons under 21
making a challenge, acceptable proof of age and checking it, making
and documenting refusals, avoiding conflict and responsible alcohol
retailing;
7. Records of staff training are to be kept and provided to the Police or Responsible Authorities upon request.
Supporting documents: