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Licensing Sub Committee - Thursday, 20th March, 2025 2.00 p.m.

March 20, 2025 View on council website Watch video of meeting
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Summary

The Licensing Sub-Committee met to consider three applications and agreed to adjourn one of them. The application from UK Full Depot Limited trading as Fabwick in Hackney Wick was adjourned at the request of the applicant so they could address issues with a noise impact assessment. The other two applications, both for new premises licences, were both considered and decided upon. The application from Fresh Feast Hospitality Limited trading as Fresh Feast at 44 Artillery Lane was refused. The application from Popular Pizza and Burger Limited trading as Popular Pizza at 536 Commercial Road was also refused.

Fabwick - Unit 4a, Queens Yard, 43 White Post Lane, London, E9 5EN

The applicant for Fabwick applied to adjourn consideration of its application for a new premises licence for two months so that a new noise impact assessment could be prepared.

... a new noise impact assessment, which is compliant and prepared by a qualified person, is needed. It's needed for my client's benefit and it's needed for the benefit of this committee to properly consider the objection.

The sub-committee agreed to adjourn the application. The licensing authority noted that they were concerned about the way the applicant has been trading since November. PC Jamie Stanley was representing the police.

Fresh Feast - 44 Artillery Lane, London, E1 7LS

The applicant, Yang Liu, applied for a new premises licence for the premises at 44 Artillery Lane, which is within the Brick Lane Cumulative Impact Zone.1

The application requested permission for:

  • the sale by retail of alcohol (on sales only), Monday to Thursday 12:00 - 22:00, Friday and Saturday 12:00 - 23:00 and Sunday 12:00 - 22:00.
  • the provision of regulated entertainment2 in the form of live and recorded music and anything of a similar description (indoors) for the same hours as above.
  • non-standard timings for an extra hour of British Summer Time and for New Year's Eve as well.
  • opening to the public Monday to Sunday, 9:00 - 23:00.

The application was opposed by Environmental Health Officer Nicola Cadzow.

In our view, the application as it stands fails to comply with the objective of the Licensing Act 2003 relating to public nuisance for the following reasons. Noise breakout from the venue affecting the residents. Noise from access and egress to and from the venue including patrons outside the premises to smoke whilst the premises is in operation.

In his presentation, Mr Liu explained that he wants to open a family restaurant with occasional live music and karaoke, and that he was willing to have a designated smoking area within the alleyway next to the premises. He showed the sub-committee the speakers he intends to use for the karaoke, which he said were small and would be used to enhance the dining experience.

When asked about his understanding of the cumulative impact assessment, Mr Liu said he believed it related to noise and footfall. The sub-committee refused the application.

Popular Pizza - 536 Commercial Road, London, E1 0HY

The applicant, Popular Pizza and Burger Limited, applied for a new premises licence for the sale of late night refreshments at 536 Commercial Road. The application requested permission for the premises to provide late night refreshments seven days a week from 23:00 - 5:00.

This application was opposed by the licensing authority, the police, and Environmental Health.

Licensing Officer, Kathy Driver raised concerns about the management and ownership of the business, arguing that there is a lack of clarity over who is running the premises and that this makes it difficult to have confidence that any licence would be properly managed.

... in terms of the licensing authority, we're a bit unclear as, again, still as to who the management and in, in that sense, we obviously don't have, uh, the confidence that any, uh, license is more.

Ms Driver explained that the premises has been the subject of enforcement action by the Licensing Authority since February 2024 and that it has been operating daily after 23:00 without a late night refreshment licence. She also explained that the business has changed hands several times and that the current applicant and manager have been involved in the business throughout the period in which it was operating without a licence and despite this have continued to operate the business without the correct authorisation. She provided details of complaints that have been made to the council, warning letters that have been issued, and test purchases that have been carried out. She concluded that:

The owner of this establishment has shown a blatant disregard to the Licensing Act 2003 and to the officers of the Council by ignoring previous warnings and advise given to him. Therefore, this Responsible Authority does not feel confident in that he will uphold the licensing objectives and ask that the application be rejected.

Environmental Health Officer, Honour O'Leary also objected to the application, citing concerns over potential noise breakout from the venue disturbing nearby residents.

There are residential premises in close, uh, proximity of, uh, proximity of, uh, both coast streets. Um, in our view, the application as it stands fails to comply with the objective of licensing act 2003 relating to public nuisance for the following reasons. Noise breakups from the venue affecting neighboring residents, the hours of operation, inclusive of proposals.

PC Jamie Stanley represented the police. He opposed the application on the grounds that it would likely lead to increases in crime, disorder, and public nuisance.

These are very late hours for a premises in an area with higher levels of crime and disorder, including violent assaults. Um, we're concerned that a new premises here open so late would only lead to an increase in crime, disorder, and specifically public nuisance and ASB.

He explained that there were over 590 crimes reported in the area in just three months of 2024, including over 160 assaults and 140 reports of anti-social behaviour. He also said that the applicant has not contacted the police to discuss the application in any detail and that the conditions that have been proposed in the operating schedule are ambiguous and unenforceable, highlighting the proposed condition requiring the management of litter and noise as an example of this.

Uh, again, it makes it unforceable. Um, the application doesn't state how the premises or premises or license holder intends to achieve it.

He also expressed concerns about the condition that refers to the ability to remove customers from the premises which he said would either require the applicant to hire SIA registered door supervisors, which is not proposed elsewhere in the application, or lead to staff trying to remove customers themselves, putting themselves and customers at risk.

In his presentation, Mr Adil Sharif explained that the leaseholder has already struggled to make the business work and argued that the ability to open until 5am is essential to the viability of the business. He said that they have already replaced the extractor fan to reduce noise and that most customers in the late evening order for delivery, which would mainly be carried out using electric bicycles.

I'd like to initially express how important a late night license is for a pizza business. After being the manager of this business for quite a while now, it is evident that keeping the hours, um, open after 11pm does not allow the owner to gain any sort of profit. In fact, we have been seeing a loss ever since.

Mr Sharif said that they would be willing to consider a condition allowing delivery-only after a certain time but that he believed that any restrictions on hours would likely lead to another change in ownership as the business would not be viable.

The sub-committee refused the application.


  1. Cumulative impact zones are areas that a local authority believes are already experiencing problems associated with high densities of licensed premises, such as crime, disorder, and public nuisance. When deciding on an application in a cumulative impact zone, the sub-committee must assume that granting the application would add to these problems unless the applicant can show otherwise.  

  2. The Licensing Act 2003 defines regulated entertainment as:  

    • a performance of a play
    • an exhibition of a film
    • an indoor sporting event
    • a boxing or wrestling entertainment
    • a performance of live music
    • any playing of recorded music
    • a performance of dance
    • anything of a similar description to live music, recorded music or performances of dance

Attendees

Profile image for Councillor Peter Golds
Councillor Peter Golds  Chair of Licensing Committee •  Conservative •  Island Gardens
Profile image for Councillor Shahaveer Shubo Hussain
Councillor Shahaveer Shubo Hussain  Labour Party •  Bromley South
Profile image for Councillor Faroque Ahmed
Councillor Faroque Ahmed  Labour Party •  Whitechapel
Profile image for Councillor Leelu Ahmed
Councillor Leelu Ahmed  Labour Party •  Mile End
Profile image for
 (Cabinet Member for Jobs, Enterprise, Skills and Growth) •  Aspire •  Bethnal Green West
Profile image for Councillor Suluk Ahmed
Councillor Suluk Ahmed  Aspire •  Spitalfields & Banglatown
Profile image for Councillor Sabina Akhtar
Councillor Sabina Akhtar  Aspire •  Stepney Green
Profile image for Councillor Amina Ali
Councillor Amina Ali  Labour Party •  Bow East
Profile image for Councillor Ahmodur Khan
Councillor Ahmodur Khan  Scrutiny Lead for Resources •  Aspire •  Blackwall & Cubitt Town
Profile image for Councillor Abdul Malik
Councillor Abdul Malik  Chair of Human Resources Committee •  Aspire •  Blackwall & Cubitt Town
Profile image for Councillor Ana Miah
Councillor Ana Miah  Chair of Pensions Committee •  Aspire •  Shadwell
Profile image for Councillor Abdi Mohamed
Councillor Abdi Mohamed  Scrutiny Lead for Community Safety •  Labour Party •  Bow East
Profile image for Councillor Bellal Uddin
Councillor Bellal Uddin  Scrutiny Lead for Adults and Health Services •  Aspire •  Blackwall & Cubitt Town
1 Vacancy
Simmi Yesmin