The Licensing Sub-Committee of Tower Hamlets Council met on Tuesday 23 November 2021 to discuss an application for a variation of a premises licence and a new premises licence application. The committee decided to adjourn the decision on the new premises licence for Ivory House to allow for further legal submissions.

Variation of Premises Licence for Milk Float Suite Trade Water Mooring, Hackney Wick

The committee considered an application for a variation of a premises licence for Milk Float Suite Trade Water Mooring, located at Hackney Wick, London E9 5EN. The applicant, Mr Alfie Hart, sought to allow permanent off-sales of alcohol. Mr Hart explained that conditions had been stipulated in the application, including that all alcohol would be served in sealed, biodegradable containers, no takeaway alcohol would be consumed in the immediate vicinity of the premises, and no takeaway alcohol would be consumed during or one hour either side of football matches at the London Stadium.

Councillor Rachel Blake, the ward councillor for Hackney Wick, raised objections concerning public safety and potential nuisance. She argued that the proposals did not adequately address issues of anti-social behaviour, which she described as a weekly occurrence during the previous summer. Councillor Blake expressed concern that any additional contribution to the behaviour in the area would make it difficult for the council to comply with licensing conditions, given the proximity to the canal and upcoming new residential developments.

Mr Hart responded by stating that anti-social behaviour had reduced and that the proposed landscaping of the grassy bank adjacent to the premises, which was being designed to deter large gatherings, would further mitigate these issues. He also highlighted that the premises had an active interest in maintaining the area and employed private security. Councillor Blake requested additional conditions, including periodic reviews and clearer stipulations on when takeaway sales would cease in the event of emerging issues. Mr Hart agreed to formalise the protocol for ceasing takeaway sales in such circumstances.

The committee discussed the definition of immediate vicinity for the consumption of alcohol and the conditions related to stopping sales during events. Mr Hart confirmed that they would be happy to accept conditions formalising the cessation of off-sales in the event of emerging issues, such as large gatherings or the presence of private sound systems. The committee also discussed the potential for concerts at the London Stadium and whether this should be included in the conditions.

The committee noted that the proposed landscaping of the grassy bank was still under discussion but was designed to reduce the area available for large gatherings. Mr Hart also clarified that the condition regarding alcohol being served in sealed containers and biodegradable containers was carried over from their temporary permission.

Following the discussions, the committee retired to consider the application. The decision on this application was not detailed in the provided transcript.

New Premises Licence Application for Ivory House, St. Catherine and Dock, East Smithfield

The committee then considered an application for a new premises licence for Ivory House, located at St. Catherine and Dock, East Smithfield, London E1 1BP. The applicant sought to replicate the terms of a previous licence that had lapsed. Representations against the application had been received from several residents, including the Friends of St. Catherine's Dock Residents Association.

A significant portion of the discussion revolved around procedural matters, specifically the adjournment of the hearing. Mr Sharon Lombides, representing the residents, raised concerns about the legality of previous adjournments, arguing that the application had been adjourned sine die (without a set date) for an extended period, which he contended breached regulations regarding the timing of hearings and the number of adjournments permitted. He argued that this had led to a lack of natural justice, as the residents were hearing the full details of the rectified application for the first time at the hearing, with no responsible authorities present to advise.

Mr McCann, representing the applicant, countered that the adjournments were agreed to in good faith to address residents' concerns about the lack of a tenant and that the applicant had been disadvantaged by the delay. He cited case law (TC Projects and Funky Mojos) to argue that minor procedural irregularities should not invalidate an application.

The Chair, Councillor Peter Golds, expressed concern that the points raised by Mr Lombides had come at the last minute and that, to ensure fairness and avoid potential judicial review or appeals, further legal submissions were required. Consequently, the committee unanimously decided to adjourn the decision on the Ivory House application.

Directions were given for Mr Lombides to submit written legal submissions by 8 December, with a response from Mr McCann due by 22 December. The committee indicated that the matter could be fitted into a hearing on 11 January, or potentially later in January, to allow for proper consideration of the legal arguments. The committee stressed that their primary concern was to ensure a lawful and correct decision was made, and that they were lay people who relied on legal advice.