The Licensing Sub-Committee of Tower Hamlets Council met on Tuesday 27 April 2021 to consider an application for a provisional statement for Box Park Shoreditch. The committee decided to grant the provisional statement, subject to agreed conditions.

Box Park Shoreditch Provisional Statement Application

The committee considered an application for a provisional statement for Box Park Shoreditch, located at units 37 to 41, 2 to 10 Bethnal Green Road, London E1 6GY. The applicant, represented by Ewan McGregor and Ben McLaughlin, sought to convert previously retail units into a single leisure unit operating as a licensed bar and restaurant. The application proposed the retail of alcohol for on and off-sales from Monday to Saturday, 8 a.m. to 11:30 p.m., and Sunday, 8 a.m. to 10:30 p.m., with late-night refreshments from 11 p.m. to midnight.

The primary issue discussed was public nuisance, with objectors, including Kathy Driver (Licensing Officer), Ibrahim Elias (Environmental Protection Officer), and John Fortune (Community Safety Manager), raising concerns about the potential for increased anti-social behaviour (ASB) and noise in the already designated Cumulative Impact Zone (CIZ). Mr. Fortune highlighted that residents in the area suffer from mental health issues due to persistent noise from the night-time economy, including issues with parking and people consuming alcohol on the streets.

Ewan McGregor, representing the applicant, argued that the application was closely intertwined with planning permission already granted for the site. He contended that crime and disorder were not relevant considerations as the police had not made an objection. McGregor emphasised that the premises would operate primarily as a restaurant, with no vertical drinking, and would adhere to a significant number of agreed conditions, including a queue management system, security plan, and CCTV. He also pointed out that the premises were small, with an anticipated capacity of around 50 people, and would operate within framework hours, which he considered exceptional circumstances for granting the application within the CIZ.

The committee heard that the proposed conditions included no vertical drinking, premises used primarily as a restaurant, a queue management system, a security plan agreed with the police, door security, CCTV, signs reminding customers to leave quietly, proof of age checks, an incident log, staff training, background music only, off-sales by home delivery only accompanied by substantial refreshment, and the use of shatterproof vessels for drinks in the outside area.

Councillor Rajiv Ahmed questioned the applicant's experience in running licensed premises, the final capacity of the premises, whether alcohol would be ancillary to food, and how the applicant would reverse the presumption of noise nuisance and crime disorder within the CIZ. Ewan McGregor responded that Box Park vets its traders and would ensure responsible operators. He clarified that while the premises would operate primarily as a restaurant, flexibility would be allowed for groups where not all members wished to eat, but still wished to have a drink with their companions. Ben McLaughlin, Chief Operating Officer for Box Park, added that the unit, comprising five shipping containers, would offer approximately 70 square metres of floor space, leading to a maximum capacity of around 50 covers. He also stated that the premises would fall under the general dispersal and noise management plan of the main Box Park estate, providing an additional layer of oversight.

Councillor David Edgar sought clarification on the Environmental Health Officer's response to the proposed conditions and the relationship between planning and licensing decisions. Corinne Holland, Licensing Officer, noted that while the police are primarily responsible for crime and disorder, any responsible authority can make representations on any licensing objective. Ibrahim Elias, Environmental Protection Officer, stated that if the committee were minded to grant the provisional application, they would ask for the proposed conditions to be considered to minimise public noise nuisance.

In their concluding remarks, Kathy Driver expressed concern that the condition for the premises to operate primarily as a restaurant might be unenforceable and suggested an ancillary to food condition would be more appropriate. John Fortune reiterated his concerns about the impact on residents already suffering from noise. Ewan McGregor concluded by emphasising the integration between planning and licensing, the small size of the premises, and the numerous conditions offered, arguing that granting the application would be consistent with both licensing and planning policies.

The committee deliberated in private. Simmi Yesmin, from Democratic Services, confirmed that decisions would be communicated in writing within five working days.

Deferred Application

The committee noted that an application for a variation of a premises licence for Milk Float, Sweet Trade War of Mooring, Hackney Wick, London E9 5EN, had been deferred due to procedural matters and would be considered at a future meeting.