This Licensing Sub-Committee meeting is to consider applications for new premises licences for two businesses, both of which have received objections. The documents published ahead of the meeting do not include details of whether the applications were discussed or decided at the meeting.

Lebanese Grill, 80 Brick Lane^[The Lebanese Grill is a takeaway restaurant on Brick Lane. It is in the heart of the Brick Lane Curry Mile, and very close to the Old Truman Brewery complex.]

Lebanese Grill Express LTD has applied for a new premises licence to sell late night refreshment at 80 Brick Lane. The applicant is seeking permission to trade until midnight from Sunday to Thursday and until 2am on Friday and Saturday. The application has been objected to by the Licensing Authority, Environmental Protection, and local resident, David Cummingham.

The Licensing Authority has objected because the premises are located within the Brick Lane Cumulative Impact Area. This is a geographic area where the concentration of licensed premises is deemed to be having a negative impact on the licensing objectives. The Council’s Licensing Policy states that in these areas:

applications for the grant or variation of premises licences or club premises certificates which are likely to add to the existing cumulative impact will normally be refused

The applicant has argued that the premises should be granted a licence because there are other similar businesses operating in the immediate vicinity. However the Licensing Authority has countered that, because the premises will sell takeaway food, it does not fall into any of the Council’s exceptions to the policy on cumulative impact. The Licensing Authority’s representation also points out that the applicant was previously found to be operating after 11pm without a licence.

Environmental Protection has objected to the application on the grounds that:

there is great likelihood of disturbance to residential premises at the noise sensitive hours sought.

The representation submitted by Environmental Protection does not provide any further detail about the nature of the likely disturbance.

The Licensing Authority has identified that the issues raised by the objections relate to the licensing objectives of the prevention of crime and disorder, and the prevention of public nuisance. The report prepared by the Licensing Officer notes that Tower Hamlets Police have agreed to a set of conditions that they believe would mitigate the concerns they have. These conditions are:

1. An incident log shall be kept at the premises, and be available on request to the Police or an authorised officer. It must be completed within 24 hours of any incident and will record the following: a) all crimes reported to the venue; b) any complaints received concerning crime and disorder c) any incidents of disorder; d) any faults in the CCTV system, searching equipment or scanning equipment; e) any visit by a relevant authority or emergency service.
2. In the event that a serious assault is committed in or directly outside of the premises (where staff witness) or appears to have been committed the management will immediately ensure that: a) the police (and, where appropriate, the London Ambulance Service) are called without delay; b) the crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and c) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises
3. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
4. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
5. The premises licence holder will risk assess the need for security personnel prior to the opening of the store and maintain adequate levels of staff at all times. Staffing levels and SIA Licensed Door Supervisors will be provided as required by the risk assessment. The risk assessment will be made available to the police on request.
6. The premises will have an anti-social behaviour policy that will include how to manage situations that arise, off sales, delivery drivers and calling police when required. This anti-social behaviour will be made available to police upon request.

The applicant has agreed to the conditions, but it is ultimately the responsibility of the sub-committee to determine whether they are:

relevant, proportionate and enforceable.

Bad Boy Pizza, 419 Bethnal Green Road^[Bad Boy Pizza is on Bethnal Green Road. It is a busy road that contains a large number of shops and restaurants.]

Bad Boy Pizza Bethnal Limited has applied for a new premises licence to sell alcohol for consumption on and off the premises and for late night refreshment at 419 Bethnal Green Road. They want to be able to sell alcohol until 11:30pm from Sunday to Thursday, until midnight on Friday and Saturday, and until 10:30pm on Sunday. They are seeking permission to serve late night refreshment for an extra half an hour after these times. The application has been objected to by local resident, Gurdeep Singh.

Mr Singh has objected on four grounds:

1. Prevention of Crime and Disorder concerns, the area has seen an increase in anti-social behaviour, and granting this license may exacerbate the problem.
2. Prevention of Public Nuisance food outlets by their very nature generate substantial quantities of litter. As seen with other food outlets customers have no qualms about disposing of pizza and food containers without the consideration of others or the environment. This will only exacerbate the pest problem in the area. The consumption of alcohol and the increase in foot traffic will add to the high noise and disturbance levels in the immediate area. This will impact greatly on the residential dwellings that flank the intended premises and the extended weekend late night hours will add to the potential noise, litter, and disturbances nuisance. The frontage of the premises is relatively limited in width, which would result in gathered patrons causing congestion on the pavement more so if they are drinking or smoking whilst outside. In addition music emanating from premises is likely to cause a noise nuisance. There are sufficient premises, public houses and bars in close proximity serving alcohol to cater for the demands of local residents.
3. Public Safety, the location is near a busy junction with Cambridge Heath Road which contributes to a very high volume of road traffic at all times of the day, late-night patrons of the proposed establishment may pose a safety hazard more so after drinking. Gathered crowds would obstruct the public walkway.
4. Protection of Children from Harm, the area is already saturated with food outlets and this establishment will no doubt attract the curiosity of school children from the local area. This will not only impact them from a health standpoint but also the congestion caused by congregating children during lunch hours and evenings after school, and further increase the exposure of alcohol to children. The name itself would suggest to them that it is the place to be, drawing on youngsters using the Memorial Gardens, Weavers Adventure Play Area, Corfield Street Park, and Middleton Green all within close proximity.

The applicant has responded in detail to Mr Singh’s concerns. Of particular note is the agreement that was reached with Environmental Protection to limit the number of people who can smoke outside the premises after 9pm to six. The Licensing Authority has identified that the issues raised by the objection relate to the licensing objectives of the prevention of crime and disorder, and the prevention of public nuisance. It is the responsibility of the sub-committee to consider the application, the objections, and any representations from Responsible Authorities, and to determine whether the application promotes the licensing objectives.