Licensing Sub Committee - Tuesday, 29th October, 2024 2.30 p.m.

October 29, 2024 View on council website Watch video of meeting
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Summary

The Licensing Sub-committee considered two applications for new premises licences: one for the Tea Garden at 138 Whitechapel Road, London, to provide late-night refreshment, and the other for the Quiz Room at Ground Floor Brodie House, 19-25 Bell Lane, London, to sell alcohol and provide regulated entertainment. The first application was rejected on the basis that the applicant had not demonstrated how they would uphold the licensing objectives, having previously been the subject of enforcement action by the Licensing Authority for opening beyond their permitted hours and selling illicit cigarettes. The second application was granted, but with additional conditions to mitigate the concerns of local residents and the Licensing Authority regarding public nuisance.

Application for a New Premises Licence for Quiz Room

The application for Quiz Room requested the sale of alcohol from 11am to 10:45pm Monday to Saturday and 11am to 8:45pm on Sundays. It also requested permission for Films and Recorded Music from 11am to 11pm Monday to Saturday and 11am to 9pm on Sundays.

Many residents objected to the application on the basis that the premises are located in the Brick Lane and Shoreditch Special Policy Area, which has a cumulative impact policy in place. This means that there is a presumption against granting new licences for the sale of alcohol in the area. Residents expressed particular concern about noise from patrons, music, and films emanating from the premises, particularly given its location underneath residential properties. Some residents also expressed concerns about the potential for antisocial behaviour from customers leaving the premises late at night.

The applicants, Quiz Room UK Ltd, argued that their business would not negatively impact the area as the sale of alcohol is ancillary to the main business, which is providing quiz-based entertainment. They stated that they would primarily cater to corporate clients and groups of friends looking for a unique entertainment experience. They argued that their business model, with pre-booked time slots and limited customer dwell time, would mitigate the risk of public nuisance.

The applicant had previously offered a condition stating that “The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a quiz room entertainment facility.” The committee felt that this condition could be open to interpretation and asked the applicant to tighten the wording. The applicant agreed to amend the condition to specify that licensable activities would be ancillary to participation in quiz activities.

The Licensing Authority also expressed concern about the application. It noted the premises’ location within the cumulative impact zone and requested that the applicant demonstrate exceptional circumstances that would justify the grant of the licence. The Licensing Authority requested additional conditions, including a restriction on the supply of alcohol to people eating a table meal, a prohibition on “vertical drinking”1 and a requirement that all staff authorized to sell alcohol be authorised in writing by the Designated Premises Supervisor2.

The committee ultimately decided to grant the licence but imposed a number of conditions. In addition to those already agreed with the Metropolitan Police and the amended ancillary activities condition, the committee decided to add the condition that, when the DPS is not on the premises, the names of all members of staff authorized to sell alcohol must be made available to the police or an authorized officer on request. They did not accept the Licensing Authority's other proposed conditions.

Application for a New Premises Licence for Tea Garden

The applicant requested permission to provide late-night refreshment at the Tea Garden between 11pm and 2am, seven days a week.

The Licensing Authority objected to the application, primarily due to the applicant's past history of non-compliance with the Licensing Act 2003. The Licensing Authority provided evidence that Mr Sekander Hossain, the manager of the Tea Garden, had repeatedly opened beyond permitted hours and sold illicit cigarettes.

The applicant was invited to attend the meeting and make representations but did not attend.

The Environmental Health Officer also objected to the application, citing concerns about noise breakout from the venue. The Environmental Health Officer stated that the applicant had not responded to their request for additional conditions to be added to the licence to mitigate the risk of public nuisance.

The committee considered the objections from the Licensing Authority and Environmental Health Officer and concluded that the applicant had demonstrated a disregard for the Licensing Act 2003 and the Council's warnings. The committee concluded that they did not have confidence that the applicant would uphold the licensing objectives if granted a licence and rejected the application.


  1. Vertical Drinking is the consumption of alcohol by customers who are not seated. 

  2. The Designated Premises Supervisor (DPS) is the person named on a premises licence who has day to day responsibility for the running of the premises.