Agenda item
Application for a New Premises Licence for (The Tap Room) Railway Arch 162, Malcolm Place, London E2 0EU
Minutes:
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a new premises licence for The Tap Room, Railway Arch 162, Malcolm Place, London E2 0EU. It was noted that objections had been received on behalf of the Ward Councillor and local residents including a petition. It was noted that conditions had been agreed with the Police and Environmental Health.
At the request of the Chair, Mr Stephen Thomas, Applicant’s Legal Representative explained that the Applicant Mr Ross Blake runs four other licensed premises which were well managed with no problems/complaints. He worked with the local community and wished to do so with this community too. It was noted that the Applicant had spoken to Cllr Sirajul Islam the Ward Councillor and residents however has had no response from the local mosque.
He explained that the area was redundant and therefore the introduction of this premises would be helping regenerate the area. He said that the hours applied for were modest hours between the hours of 11am-11pm and therefore within the Council’s Framework hours. He highlighted the training manual which was an integral part of the day to day running of the premises. It was noted that conditions had been agreed with the Police and Environmental Health and therefore no representations have been made from any Responsible Authorities.
It was noted that the outside drinking area was a concern for the residents, however they would be closing at 11pm and would have the tables and chairs rendered unusable after 11pm. Mr Thomas informed Members that the Applicant wishes to work with the local community and highlighted conditions that been offered since the application, such as no off sales, food to be available throughout the trading period, to be a part of the PubWatch Scheme and to introduce the Challenge 25 policy. He then urged Members to grant the application.
Members then heard from Cllr Eve McQuillan, who spoke on behalf of Cllr Sirajul Islam and local residents. She stated that they did not have concerns regarding the management or experience the Applicant had, but more so serious concerns over the area the premises was in, she said it was not appropriate for such an establishment. She explained that the area was redundant, poorly lit, dark and dingy. She highlighted the crime and disorder in the area and the daily drug dealing that takes place in and around that part of the area. She said that the park opposite the premises was now included in the new Cumulative Impact Zone in Bethnal Green, that the premises was very close to the local community mosque which the community had been fundraising for years for a peaceful area to worship in.
Cllr McQuillan stated that there would be public nuisance arising from noise from people entering and leaving the premises, and when customers would be drinking or congregating outside the premises, all of which would impact on the nearby mosque. Cllr McQuillan suggested that there should be no drinking outside the premises and reduced hours should be considered during Ramadan and the Summer period. It was noted that the area was poorly lit and very dark in places and a prime location for drug dealing and therefore serious concerns/issues of public safety and crime and disorder.
She concluded by asking Members to refuse the application on the basis that it would affect all four of the licensing objectives.
In response to questions the following was noted:
- That the hours applied for were within the Council’s Framework hours.
- That the Applicant was happy to apply the Council’s Framework hours on Sundays.
- That the premises was not appropriate for the area, it was dark and unsafe and requires a lot of works.
- That this particular area was known for drug dealing and if a licence was granted it would heighten the problem.
- That the Applicant would be investing into the area, which already has a number of units which will help brighten and open up the area.
- The new lighting would discourage drug dealing
- That according to the Applicant, a premises licence of this nature would not cause a problem or pose a threat to children.
- The Applicant confirmed that he would like to work with the local mosque and local residents.
- That the Applicant had agreed with the Police that there would be one SIA accredited door supervisor on duty on Fridays and Saturdays.
- That the premises would be selling specialist craft beer with food offerings throughout the trading period.
- That the Applicant would be improving the street, taking over derelict arches, landscaping the area, introducing cycle stands, better lighting, remove hoardings etc.
In summing up, Cllr Eve McQuillan stated that the area was dark and dingy, opening a Bar would increase drug use in the area. She stated that it was unfair that there would be tables and chairs outside the premises to encourage people to congregate outside. She explained that there was a similar set of premises in the area causing nuisance, and residents have been complaining about those similar premises in the same area having a negative impact on the area; so that if this licence application were granted, there would be further issues of public nuisance and public safety.
Mr Thomas stated that if there were concerns of crime and disorder and noise nuisance, then the Police and Environmental Health would have objected to the application. However, there have been conditions agreed and therefore there had been no objections from those two authorities. He acknowledged that there were appropriate concerns and the Applicant was happy to invest in the area, brighten up the place, discourage drug users and put a derelict area into good use.
Members adjourned the meeting at 7.25pm to deliberate and reconvened at 8.10pm.
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 licensing 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 representation from both the Applicant and his representative and from Councillor Eve McQuillan, Ward Councillor who spoke on behalf of the objectors with particular regard to all four licensing objectives of the prevention of public nuisance, the prevention of crime and disorder, the protection of children from harm and public safety.
The Sub-Committee noted that the premises in question are situated in a derelict and poorly lit area that attracts crime and disorder especially drug dealing and drug use. However, Members noted the fact that the Applicant had acquired a number of units in the area and noted the substantial investment the Applicant would be investing to improve the area, through better lighting, CCTV, removing hoardings, landscaping outside the units etc. and were of the view that these changes will help deter crime and disorder in this particular area.
Members did note the concerns raised by Objectors and in particular the potential public nuisance that licensed premises may cause in an area which was in close proximity to faith buildings and in particular at times during late evenings where customers of the proposed licensed premises would be likely to cause noise nuisance. Therefore Members felt that a conditions to not allow alcoholic drinks to be consumed outside the premises and a restriction on the number of smokers outside the premises together with the conditions agreed with the Responsible Authorities and conditions offered by the Applicant such as no off sales of alcohol and food to be available throughout the trading period would help alleviate concerns raised and help promote the licensing objectives.
Members reached a decision and the decision was unanimous. Members granted the application subject to conditions to help promote the licensing objectives.
Accordingly, the Sub Committee unanimously:-
RESOLVED
That the application for a New Premises Licence for The Tap Room, Railway Arch, 162, Malcolm Place, London E2 0EU be GRANTED with conditions.
Sale of Alcohol (on sales only)
Monday to Saturday 11:00 hrs to 23:00 hrs
Sunday from 11:00 hrs to 22:00 hrs
Hours premises open to the public
Monday to Saturday from 11:00 hrs to 23:30 hrs
Sunday from 11:00 hrs to 22:30 hrs
Non-Standard Timings
News Year’s Eve, from 11:00 hrs to 01:30 hrs the following day.
Conditions
1. There shall be no off sales
2. Food will be available throughout the trading period.
3. No alcohol to be consumed outside the premises.
4. No more than four smokers to be allowed to smoke outside the premises at any one time.
5. All staff will be trained in licensing and records kept for inspection by the licensing authority and the police
6. The applicant will be a member of the local pub watch scheme or any similar scheme operating in the area of the Licensing Authority.
7. A Challenge 25 proof of age scheme shall be operated at the premises.
8. A CCTV system to be put in place, the cameras are to be of sufficient quality so that people are clearly identifiable from the footage. The cameras are to be placed in such a way as they cover both the internal areas any external area, with a camera to cover the entrance so that it captures images of people’s faces as they enter the premises. The system is to record the footage and to keep it for a minimum of 28 days and a copy off CCTV footage is to be made available to Police or the Local Authority upon request While the premises are open to the public a member of staff must be on duty who can operate the CCTV system.
9. On Friday and Saturday one SIA accredited door supervisor will be employed from 8pm until the premises has closed.
10. A refusals book shall be maintained documenting people refused the sale of alcohol.
11. A incident book shall be maintained that records all incidents of note, including but not limited to, crimes that take place at the premises, people removed from or refused entry to the premises, incidents of anti-social behaviour
12. Notices shall be prominently displayed at all exists requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
13. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rises to a nuisance (including music from outside speakers).
14. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day.
15. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 08:00 hours on the following day.
Suggestion from the Sub Committee
The Sub Committee strongly suggested that the Applicant meets and works with the local mosque, Islamic school and local residents to discuss the hours and how they can be adjusted to benefit the community and in particular during prayer times.
Supporting documents:
- The Tap Room cover report, item 3.2 PDF 126 KB
- The Tap Room Appendices Only_Redacted, item 3.2 PDF 5 MB
- Supplement -The Tap Rooom, item 3.2 PDF 96 KB