The Licensing Sub Committee of Tower Hamlets Council met on Tuesday, 9 January 2024, to consider two applications for premises licences. The committee refused an application to vary the licence for Bar 104 on Brick Lane and refused a new premises licence application for Boat Live at 90 White Post Lane.

Application for Variation of a Premises Licence for Bar 104, 104 Brick Lane, London, E1 6RL

The Sub-Committee considered an application by Bar 104 Ltd. to extend the hours for the provision of late-night refreshments on Fridays and Saturdays from midnight to 2:00 AM. The current licence allows for the sale of alcohol and recorded music until midnight, and late-night refreshments until midnight.

Representations against the application were received from the Licensing Authority and the Environmental Health Service. Key concerns included the premises' location within the Brick Lane Cumulative Impact Zone (CIZ), the lack of proposed conditions to mitigate the impact on licensing objectives, and the potential for increased public nuisance and crime and disorder.

Carlos Tituana, the Designated Premises Supervisor (DPS) for Bar 104, explained that the variation was sought to cater to the local community and that conditions had been agreed with the police. However, he admitted to not being aware of the CIZ when applying and that he had not previously checked for this. He also expressed surprise at needing to suggest conditions himself. The Sub-Committee noted that while the applicant was willing to agree to conditions, there appeared to be a lack of understanding regarding the operating area and the implications of late-night operations.

Ms. Nicola Cadzow from Environmental Health expressed concerns about noise breakout and the control of alcohol sales during the extended hours. Ms. Lavine Miller-Johnson from the Licensing Authority echoed these concerns, highlighting the lack of mitigation proposals for the CIZ.

The Sub-Committee acknowledged that the variation was modest, but given the premises' location within the CIZ and the applicant's apparent lack of awareness of its implications, they were not satisfied that the applicant had rebutted the presumption against granting the variation. The applicant's relative newness to operating the premises (three months) also contributed to a lack of confidence in their understanding of the area's issues.

Decision: The Sub-Committee refused the variation to extend the hours for late-night refreshment at Bar 104.

Application for a Premises Licence for (Boat Live), 90 White Post Lane, London E9 5EN

The Sub-Committee considered an application by Boat Live Works Ltd. for a new premises licence for Boat Live, located at 90 White Post Lane, London, E9 5EN. The application sought authorisation for the sale of alcohol (on-sales), regulated entertainment (recorded music indoors), and late-night refreshment. The proposed hours for alcohol sales were until 11:30 PM Monday to Thursday, midnight on Fridays and Saturdays, and 10:30 PM on Sundays. Regulated entertainment was sought until 10:30 PM Sunday to Thursday and midnight on Fridays and Saturdays. Late-night refreshment was requested until 11:30 PM Monday to Thursday and midnight on Fridays and Saturdays. The premises would be open to the public from 8:00 AM daily.

Representations against the application were received from the Police, Environmental Health, Health & Safety, the Licensing Authority, the London Legacy Development Corporation (LLDC), and a local resident. These representations raised concerns regarding the prevention of public nuisance, crime and disorder, and public safety. Three local residents submitted representations in support of the application.

The applicant, Antonio Miranda, director of Boat Live Works Ltd., stated that the venue was intended to be a temporary pop-up and that nearby properties were commercial, not residential. Rhys Rose, the proposed DPS, highlighted that the application had been scaled back from a previous one and that detailed operating procedures and conditions had been provided.

PC Mark Perry from the Metropolitan Police expressed concerns about the proximity of the premises to residential properties, the difficulty of managing noise and security across three distinct areas (boat, container, and courtyard), and the potential for drug use. He noted that despite previous advice, some security and CCTV issues remained unaddressed.

Nicola Cadzow from Environmental Health reported that bass noise from the premises was audible in the stairwell of a nearby residential building during a site visit, raising concerns about public nuisance, particularly with the proposed hours and the potential for noise from patrons in the outdoor courtyard.

Lavine Miller-Johnson from the Licensing Authority echoed these concerns, noting that issues flagged in September 2023 had not been fully resolved by a subsequent visit in November. She also raised concerns about noise from the boat and container potentially clashing and the difficulty of conditioning the use of the outdoor area.

James Doherty from Health & Safety highlighted several housekeeping issues, including insecure handrails, a lack of smoke alarms, and non-functioning fire gates, which he believed undermined public safety.

The Sub-Committee noted that while some improvements had been made and conditions were proposed, significant concerns remained regarding the proximity to residential properties, the potential for public nuisance from noise and patrons congregating outside, and the applicant's apparent disorganisation in addressing previously raised issues. The assertion by Mr. Miranda that there were no nearby residential properties was also noted as being at odds with evidence presented. The Sub-Committee also considered that the applicant's disorganisation, including late submission of documents and uncertainty about the licence being time-limited, did not instil confidence in their ability to promote the licensing objectives.

Decision: The Sub-Committee refused the application for a premises licence for Boat Live in its entirety, citing concerns that the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder would not be promoted. The proximity to residential properties and the likely impact of noise from patrons in the outside area and during dispersal were key factors in this decision.

Extension of Decision Deadline: Licensing Act 2003

The Sub-Committee noted that decision deadlines for certain applications may need to be extended to 25 January 2024 due to the volume of applications requiring hearings.

The meeting concluded at 8:30 PM.