The Licensing Sub Committee of Tower Hamlets Council met on Tuesday 07 January 2025 to consider two applications for new premises licences. The application for Harvest at 103 Brick Lane was refused, while the application for Z & H One Rice Ltd at 46 Brick Lane was withdrawn by the applicant.

Application for a New Premises Licence for Harvest, 103 Brick Lane, London E1 6SE

The Sub-Committee considered an application for a new premises licence for Harvest, located at 103 Brick Lane, London E1 6SE. The application sought authorisation for the sale of alcohol by retail (off-sales only) from 08:00 to 23:00 hours, seven days a week. The premises were proposed to be open to the public from 07:00 to 23:00 hours daily.

Representations against the application were received from the Licensing Authority, the Environmental Health (Noise) Service, and a local resident, Mr. James Frankcom. The primary concern raised by all objectors was that the premises are situated within the Brick Lane Cumulative Impact Zone (CIZ)¹. This policy aims to prevent an increase in licensed premises that could exacerbate existing issues related to crime, disorder, and public nuisance.

Mr. Duncan Craig, representing the applicant, argued that Harvest was distinct from typical off-licences due to its focus on organic and locally sourced produce, with alcohol sales being ancillary to the main grocery business. He highlighted several proposed conditions intended to mitigate impact, including limiting alcohol display space to 15% of the retail area, implementing minimum pricing for alcohol (e.g., £39.99 for a bottle of spirits), and a noise management plan. The applicant also offered to reduce their proposed terminal hour to 22:00 hours.

Ms. Lavine Miller-Johnson, a Licensing Officer, stated that while the proposed conditions and reduced hours were noted, the premises' location within the CIZ meant the onus was on the applicant to demonstrate exceptional circumstances. Concerns were raised by the Sub-Committee regarding the high levels of anti-social behaviour in the Brick Lane area, and whether the proposed conditions, particularly the minimum pricing, would be sufficient to deter problematic behaviour.

The Environmental Health Service initially objected due to concerns about public nuisance, particularly noise and potential disturbance to residents living above the premises. However, following the applicant's proposed amendments, including reduced hours and specific conditions, this objection was withdrawn at the hearing.

Despite the applicant's arguments and proposed conditions, the Sub-Committee was not satisfied that the applicant had sufficiently rebutted the presumption against granting a licence within the CIZ. They concluded that the likely impact of granting the application would be to negatively add to the existing problems within the CIZ.

Decision: The application for a new premises licence for Harvest, 103 Brick Lane, London E1 6SE was REFUSED by a majority decision.

Application for a New Premises Licence for Z & H One Rice Ltd, 46 Brick Lane, London E1 6RF

This application was withdrawn by the applicant at the meeting. The application was for a new premises licence for Z & H One Rice Ltd, located at 46 Brick Lane, London E1 6RF, for the provision of late-night refreshments. The application was situated within the Brick Lane Cumulative Impact Zone (CIZ).

Representations were received from the Licensing Authority, Environmental Protection, and local residents. The primary concerns related to the proposed late operating hours (until 04:00) and the potential for increased public nuisance and anti-social behaviour within the CIZ.

During the proceedings, the applicant requested clarification on whether they could make a new application if this one was rejected. After legal advice was provided, the applicant formally requested to withdraw the application from consideration by the Sub-Committee.

Decision: The application for a new premises licence for Z & H One Rice Ltd, 46 Brick Lane, London E1 6RF was WITHDRAWN by the applicant.

Extension of Decision Deadlines

The Sub-Committee agreed to extend the decision deadlines for several applications until 28 February 2025. These included:

• Lebanese Grill, 80 Brick Lane, London E1 6RL
• Bad Boys Pizza, 419 Bethnal Green Road, London E2 0AN
• Breid, 9 Morgan Street, London E3 5AA
• Cable Street Mini Market, 403 Cable Street, London E1W 3DP
• Subway, 379 Mile End Road, London E3 4QS

¹ The Cumulative Impact Zone (CIZ) is a policy implemented by Tower Hamlets Council in specific areas, such as Brick Lane, where there is a high concentration of licensed premises. The policy creates a presumption that new licence applications will be refused unless the applicant can demonstrate that their operation will not negatively impact the licensing objectives, particularly the prevention of crime and disorder and public nuisance.