The Clerk welcomed Members and informed the committee that the Chair has sent her apologies. The Clerk therefore sought for nomination for a substitute Chair. 

RESOLVED

That Councillor Rajib Ahmed be elected as substitute Chair of the Licensing-sub-Committee for 30 June 2012. 

COUNCILLOR RAJIB AHMED IN CHAIR

The Chair welcomed everyone to the meeting, ensured that introductions were made and then briefly outlined the procedure of the meeting.  

To receive any apologies for absence.

Apologies for absence was received on behalf of Councillor Carli Harper-Penman for whom Councillor Rajib Ahmed substituted for.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Chief Executive.

There were no declarations of interest

To note the rules of procedure which are attached for information.

The Rules of Procedures were noted.

At the request of the Chair, Kathy Driver, Principal Licensing Officer, introduced the report which detailed the application for a new premises license for Shohor Sylhet/Spicy Grill ‘n Fried, 278 Bethnal Green Road, London E2 0AG. It was noted that an objection had been received by the Metropolitan Police. 

The Legal adviser, Kerry Mure explained to the committee that a recent document which had been submitted in time by the applicant was not circulated to parties. She therefore asked the applicant if he would agree to the committee alighting for 10 minutes in order to view the submission, she indicated that PC Cruickshank also had no objections. The applicant agreed to this recommendation.

Upon the Committee’s return the Chair asked the applicant if he would like to add anything more in support of his application, the applicant stated that he did not.

At the request of the Chair PC Alan Cruickshank, Metropolitan Police referred to his submission contained in the agenda and highlighted the likelihood of an increase in crime and disorder if the premise was granted a licence, and pointed out that the area is populated with residential properties. PC Alan Cruickshank continued that the applicant’s submission gave a list of shops that also have late licences, but pointed out that these licenses were given some time ago and he was not involved in their applications.  Moreover he  pointed out that there are no other late night eateries within the immediate vicinity of the applicant’s shop that are open till the time requested.

PC Cruickshank further stated that within 200 meters of the applicant’s shop there were 65 ASB (antisocial behaviour) calls between 1 Jan – 7 March 2012, with 40 of these calls being made between 3am-7am. The increase in trading hours in this area would heightened the likelihood of ASB occurring and it will be very difficult for staff to control such situations.  PC Cruickhank informed the committee that he visited the applicant in order to reach a compromise over the hours he was applying for, but that an agreement could not be reached.  He requested CCTV be installed on the premises if the application for increase hours was granted. 

Members asked questions about what hours other premises in the local vicinity were opened until, whether there were any problems specifically associated with the premises, how many people were currently employed and about the types of anti-social behaviour caused in Vallance Road and whether the premises had CCTV installed.

In response to questions, the applicant indicated that his shop had a mixture of cuisine, catering for a number of clienteles. He further stated that the committee should consider the local residents who he said were in support of his request to increase opening hours. In response, PC Cruickshank pointed out that due to the late submission of the petition he could not verify the authenticity of the signitures. The applicant also responded that if his application is granted he is willing to install  ...  view the full minutes text for item 5.1

At the request of the Chair, Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for the Dock 1 Mastermaker Road, London E14 9AG. It was noted that objections had been received by the Metropolitan Police and local residence who have submitted a petition with 63 signatures and a further 36 local residence wrote letters. As all letters were copies of each other and contain the exact same text, they are presented as a single appendix.

Mr Hussein Enver stated that he is opening a fish restaurant and would like to sell alcohol. The hours applied for have been carefully calculated to ensure that it corresponds with businesses in the area. He continued that he also owns another restaurant and has not received any complaints from that establishment, he however stated that he understands the concerns of objectors. He informed the committee that he has had a conversation with an objector, Anthony Howitt before the meeting and that they have come to an agreement.

At the request of the Chair the Objector Anthony Howitt stated that his main concern is about noise, he informed the committee that after his conversation with the applicant he is consenting to the hours applied for to be agreed, but requested that alcohol should not be served outside of the premises, after certain hours, namely Sunday after 10pm and everyday after 11pm.

In response to questions on whether the applicant had incorporated drink up time, the applicant replied that he will be mindful not to serve alcohol after closing hours. He continued that his restaurant was expensive and so attracts well mannered clienteles. It was noted that the restaurant does not have CCTV but that the building outside the premises does have CCTV installed. 

Members considered the written and oral representations from the applicant, as well as that of the respondents.

The key representations and arguments made by the Respondent, the local residents, have included their concerns that:

• there are enough licensed premises in this area, and there is no reasons for opening this additional premises;

• the opening of a new restaurant with the premises licence as applied for, will result in:
  • noise nuisance and noise and smoke pollution from intoxicated patrons and patrons being allowed to be and smoke in the patio area, which is directly underneath the windows and balconies of many residents;
  • ASB arising from patrons alcohol abuse;
  • reduced public safety
  • teenage binge drinking; and
  • increased crime and disorder

The Licensing objective relevant to the Members decision is prevention of public nuisance.

In reaching a decision Members had regard to the Licensing Guidance (noting that revised Licensing Guidance published on 25 April 2012 is in the main not applicable to this application since it had been made prior to the date that the amendments to the Licensing Act 2003 took effect) and the Council’s Statement of Licensing Policy.

Members have considered the written and oral representations from the applicant, as well as that of the  ...  view the full minutes text for item 5.2

In view of the contents of the remaining items on the agenda the Committee is recommended to adopt the following motion:

“That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contains information defined as Exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.”

EXEMPT SECTION (Pink Papers)

The exempt committee papers in the agenda will contain information, which is commercially, legally or personally sensitive and should not be divulged to third parties.  If you do not wish to retain these papers after the meeting, please hand them to the Committee Officer present.

This item was considered in closed session.

Nil items