Agenda item
Licensing Act 2003: Application for New Premise Licence for Shawarma, 84 Brick Lane, E1 6RL
Licensing objectives: Public nuisance, Crime & disorder
Representations by: Local residents
Minutes:
In attendance
Jack Spiegler (Applicant’s Legal Representative)
Azzam Barhamji (Applicant)
Katie Riding (accompanying Applicant)
PC Mark Perry (Metropolitan Police)
Mohshin Ali (Licensing Authority)
Corrinne Holland (Licensing Authority)
Michael Dunn (Environmental Protection)
David Cunningham (Objector)
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:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- 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 objectors with particular regard to the licensing objectives of prevention of public nuisance and the prevention of crime and disorder.
Members heard from Mr Jack Spiegler (the applicant’s legal representative) who stated the current business operates until 11:00 p.m. however the applicant was seeking a new premises license for Late Night Refreshment with opening hours until 2:00 a.m. He stated the hours applied for were not unusual for the area and referred Members to page 123, which showed other licenced venues in the vicinity. With respect to the objections from the responsible authorities, Mr Spiegler said his client was compliant with the licensing conditions and complaints were not specific to 84 Brick Lane. Mr Spiegler referred to the supplementary agenda and the letters of support contained therein.
With regard to the Cumulative Impact Zone (CZI), Mr Spiegler referred Members to page 186 point 8.4 making clear the premises would not be selling alcohol just late night refreshment. He stated his client consented to comply with the conditions as set out on page 92 and would like the Sub-Committee to grant him a license.
To counter the applicant’s statement, the Sub-Committee heard from the objectors. The responsible authorities – Police, Environmental Health and the Licencing Authority gave evidence as to why they objected to the granting of the application. They also heard from Mr David Cunningham, a named objector. In summary reference was made to Appendices 5, 6, 7 & 8.
PC Mark Perry stated the Police had received a number of complaints and in light of the CIZ and the licensing objectives the application should be refused. He said the applicant had applied for a similar licence last July which was refused and this was just a repeat of the same process. He made reference to the objectors’ letters on pages 152 and 160 and said the concerns raised by the residents association had some merit.
The shop is very small with customers spilling outside and there was no method of controlling noise or people. PC Perry stated the applicant had failed to effectively manage previous TEN’s (temporary event notices) and increased hours will result in anti-social behaviour.
He suggested any licence granted should be in line with the Licensing Act’s framework hours, with the applicant demonstrating for a period of one year that the premises will be complaint with these, before seeking an extension to its hours. PC Perry also recommended that the applicant seek to employ Security Staff on Friday and Saturday evenings.
Members proceeded to question the applicant and asked what reassurances he could give to ensure noise was kept to a minimum and further questioned the Licencing Officer with respect to their visits to the premises. Mr Spiegler made clear his client had not breached previous TENs and had no objection to the suggested framework hours if that was what the Members agreed.
Therefore considering all of the above, Members decided to GRANT the application.
Decision
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Shawarma, 84 Brick Lane, London, E1 6RL be GRANTED.
Hours premises are open to the public:
Monday to Thursday, 10:00 a.m. to 00:30 a.m.
Friday to Saturday, 10:00 a.m. to 01:00 a.m.
Sunday 10:00 a.m. to 00:00 a.m. (midnight)
Operational Hours for Late Night Refreshments
Monday to Thursday, 10:00 a.m. to 00:00 a.m. (midnight)
Friday to Saturday, 10:00 a.m. to 00:30 a.m.
Sunday 10:00 a.m. to 11:30 p.m.
1.1 Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
1.2 The premises shall install and maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
1.3 A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open.
1.4 This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
1.5 Reasonable steps shall be taken to ensure that any person loitering outside the premises disperse quickly and do not congregate.
1.6 The toilet shall be available to all seated customers.
1.7 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.8 All windows and external doors shall be kept closed except for the immediate access and egress of persons.
1.9 An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:
(a) all crimes reported to the venue
(b) any complaints received concerning crime and disorder
(c) any incidents of disorder
(d) any faults in the CCTV system
(e) any visit by a relevant authority or emergency service.
Additional Conditions: -
1.10 A CCTV system shall incorporate a recording facility and any 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 maintained and fully operational throughout the hours that the premises are open for any licensable activity.
Supporting documents:
- 4.2a Shawarma rpt, item 4. PDF 114 KB
- 4.2b Shawarma Appendix, item 4. PDF 4 MB
- x Policy submission 17.05.17, item 4. PDF 642 KB
- x Schedule of TENs, item 4. PDF 361 KB
- Shawarma revised supp info, item 4. PDF 85 KB