The Licensing Sub Committee met to consider an application for a new premises licence for Fabwick, and an application for a new premises licence for Feast Express. No decisions were made public during the meeting, and the sub-committee said that applicants would be informed of the decisions within five working days.

Fabric, Unit 4A Queen's Yard, 43 White Post Lane, London E9 5EN

An application was submitted by UK Full Depot Limited, trading as Fabric, for a new premises licence at Unit 4A Queen's Yard, 43 White Post Lane, London, E9 5EN. The applicant, Mr Kenan Balli, already holds two premises licences for the address, one for off-sales delivery only, and another to operate as a restaurant. The new application seeks to allow the business to operate as a community bar, rather than a restaurant.

The application requests:

• Sale of alcohol (on and off sales) between 9am and midnight on Sundays to Tuesdays, 9am and 1am on Wednesdays and Thursdays, and 9am and 2am on Fridays and Saturdays.
• Regulated entertainment including plays, live music, recorded music and dance, with the provision of live music outdoors ceasing at 10pm.
• Late night refreshments indoors between 11pm and 0.30am on Sundays to Tuesdays, 11pm and 1.30am on Wednesdays and Thursdays and 11pm and 2.30am on Fridays and Saturdays.
• Opening hours between 8am and 0.30am on Sundays to Tuesdays, 8am and 1.30am on Wednesdays and Thursdays and 8am and 2.30am on Fridays and Saturdays.

The Licensing Authority and Environmental Protection raised objections to the application.

Applicant's Submission

Mr Balli's legal representative, Stephanie Hayden, said that the application was not for a nightclub, but for a community facility in an area with numerous leisure outlets. She said that the Metropolitan Police had withdrawn their objections and that her client had worked with interested parties to address their concerns. She said that the Licensing Act 2003 is a permissive environment, and that licences should be granted where possible, subject to conditions.

Objectors' Concerns

Onuoha O'Leary, representing the Environmental Protection Noise Team, objected to the application due to concerns about noise disturbance and public nuisance, particularly from outdoor entertainment and customer dispersal late at night. He said that two noise assessments submitted by the applicant lacked robustness, with inadequate explanation of survey methodology and measurement data, and no assessment of the impact on new and emerging residential receptors, including Schwartz Wharf and the K2N residential development.

Kathy Driver, representing the Licensing Authority, said that the premises was granted a licence to operate as a restaurant with restaurant conditions, and that breaches of these conditions had been found, with the premises operating as a bar with people standing up and drinking, and no designated smoking area. She said that the applicant had applied for a minor variation to remove the condition that alcohol would be ancillary to food, but this was refused. She also raised concerns about planning permission, stating that the planning team had not given permission for the premises to operate as it does, and that the plan submitted for planning permission differed from the licensing application, with the first floor restricted to office space.

Ms Driver said that it was difficult to have confidence in the premises if a licence was granted, given the breaches of conditions 9, 15 and 17 of the existing licence. These conditions state that:

• alcohol can only be sold to people seated at a table meal
• all windows and external doors should be closed by 10pm or when regulated entertainment takes place
• external areas should not be used after 10pm except for patrons permitted to leave and re-enter

Councillor Peter Golds asked about the poor record of observing conditions, and the police statement that the venue has a poor record of following conditions in its licence with repeated breaches.

Applicant's Response

Ms Hayden said that the Metropolitan Police had withdrawn their representations against the licence application, and that this was a factor which attracts significant weight in her client's favour. She read out an email from PC Kieran Wells, stating that the police withdraw their representations against the licence application.

She said that her client had taken the breaches identified last year on the chin, and that is why the application was being made. She said that the Metropolitan Police and the Licensing Authority could have taken enforcement action against her client, but they had exercised their discretion not to do so. She said that the police are responsible for enforcing safety and making sure that licensing objectives are met, and they have withdrawn their representation, which is a very strong factor.

She said that the alleged breaches on 2 May were rejected by her client, and that the evidence had not been tested. She said that if the licence is granted subject to strict conditions, then that's going to be monitored, and in circumstances where her client was found to potentially be in breach of those conditions, then the remedy is simple: strong enforcement action, up to and including withdrawing the licence.

In response to a question about events promoted on the website that were going past the current licence, Mr Balli said that they didn't update it.

In response to a question about the existing restaurant licence, Ms Hayden said that it would effectively be in abeyance, and it was not her client's intention to operate a dual business.

In response to a question about late night refreshment, Ms Hayden said that the food will be served within the premises, and it won't be served outside the premises.

Councillor Golds asked how the committee could be assured that the applicant would observe all the conditions, given the record of not observing conditions. Ms Hayden said that the breaches were identified last year, and her client has worked to ensure that those breaches have not been repeated. She said that the breach that was identified last year was the sort of breach that could potentially have lost him his licence, and that has had quite an effect on how her client works. She said that the fact that the police did withdraw their representations despite the breach that was identified last year is very indicative to the potential confidence that the police have in her client's ability to adhere to the conditions if this licence were to be granted.

She said that there's nothing in this application which is out of the ordinary for Queen's Yard, and that what it comes down to is whether or not her client is capable of following these conditions, and in her submission he can.

Summing Up

Ms Driver said that Hackney Wick is a very vibrant area, but it's actually becoming very popular in terms of it's very busy, very noisy, and there's because of a number of venues antisocial behaviour in the area. She said that it didn't appear to be a community or a restaurant based service, and that it is high in antisocial behaviour.

Mr O'Leary said that there is an entrance directly facing the future receptors, and customers will be moving from these premises and they're likely to cause disturbance to the neighbours, especially during the late night hours. He said that the applicant hasn't demonstrated robustly how he would mitigate the news as emanating from high spirited patrons dispersing the area.

Ms Hayden said that the real issue is whether or not the subcommittee has confidence in her client's ability to comply with any conditions that are imposed should this license be granted. She said that the police don't just withdraw representations unless they are confident in the ability of an applicant to actually comply with those conditions, and that is a very very weighty piece of evidence in her client's favour. She said that the concerns of the first floor of the premises can be mitigated by imposing conditions which would prohibit the use of the first floor for licensable activities, and that her client would have no objection if the committee was minded to make such a condition.

She clarified that if the first floor was to be prohibited from licensable activities, the capacity in terms of the ground floor would be 300, plus 20 staff.

Feast Express, 103 Whitechapel Road, London E1 1DT

An application was submitted by Mr Shariful Islam for a new premises licence for Feast Express, 103 Whitechapel Road, London E1 1DT. The premises is described as a small takeaway restaurant with 45 seats. The application seeks permission for late night refreshments. No alcohol will be served or consumed on the premises.

The application requests:

• The provision of late night refreshment indoors between 11pm and midnight on Sundays to Thursdays, and 11pm and 1am on Fridays and Saturdays.

The Licensing Authority raised an objection to the application.

Applicant's Submission

Mr Mohammed Abdul Kalam, the legal representative on behalf of the applicant, said that the application was to extend its opening hours for late night refreshments, and that this is just for food and hot refreshments, but not alcohol sale or drinking alcohol in the premises. He said that they were aware that the premises is in an area of concern due to the Brick Lane area catchment area, but they have been in dialogue with the police and other authorities to accept the conditions that have been stipulated to support the application, including CCTV coverage, signage to request patrons to leave quietly, and bins being clearly signposted. He said that there will be no other licensing activities taking place, no live music, just refreshment and hot food.

He said that they were offering conditions that exceed the minimum requirements, and that the premises sits at the eastern edge of the CIZ area, which makes it less susceptible to the nighttime disorder which is common to the central part of the zone. He said that they are not contributing to alcohol related disorder, and that the business would support the late night food needs of shift workers, emergency staff and delivery drivers. He said that they would be supporting the waste management by ensuring that there's removal of waste daily, and they would voluntarily ask our staff to pick up litter within a designated radius of the premises.

He said that there was an objection raised by the licensing committee in regards to the breach which has been attributed to a previous operator, and that post the breach, they have fully trained our staff to be able to ensure that that kind of breach doesn't happen again.

Objectors' Concerns

Ms Driver said that Levine Miller-Johnson, the licensing authority, maintains the objection, and that there is a history of test purchases there, and that it falls within the CIZ. She said that the officer visited the site on 26 July and was able to test purchase food at 11.13pm, and that a warning letter was sent to the premises. She said that there was a later test purchase on 28 March at two minutes past midnight, and that the person was asking to be allowed a few days to open later because it was during a period of Ramadan, and was advised that regardless that obviously a license is required or a 10 in place in order to do so. She said that it is a busy area in terms of where it's placed, and obviously a busy area being in the CIZ.

Councillor Shahaveer Shubo Hussain asked why the applicant would wish to break the CIZ.

Applicant's Response

Mr Kalam said that they accept that they are within the CIZ zone, but they are on the periphery on the edge of it, which doesn't actually impact in in terms of alcohol related and noise related issues. He said that they won't be selling alcohol at the premises, and people cannot bring in bringing alcohol to drink in the premises, so they are not going to be it's a food led premises not an alcohol focused one.

He said that they're offering extensive conditions that exceed the minimum requirements, including CCTV, local engagement, and operational management practices in order to satisfy any concerns. He said that they had initially submitted extended opening hours, but in regards to the police recommendation they have agreed to curtail the opening hours as initially proposed to the ones in the latest application.

He said that there will be two kitchen staff, a front staff and two waiting staff, so there will be five staff.

Clarification

Jonathan Melnick clarified that condition five on page 215, which is one of the conditions agreed with environmental protection, says additional bins provided outside to prevent littering, and that permission is needed from the highway authorities to do that. He suggested that the committee amend that condition so that it is clear that it is obviously subject to achieving the highway authorities consent for doing that. He also said that condition seven on the following page, no idling the vehicle outside the premises, no shouting or raised voices, such like that's going to need some rewording because it's not clear precise and enforceable in its current form.

He also said that condition nine, business must have a designated area for delivery pick I suppose it means pick up to avoid congestion, is focused on delivery drivers, and if you're not going to have to live if it's going to be collection by patrons it's probably not a condition that the committee ought to impose if it grants.

He said that it's quite normal for the opening times to be slightly later than the licensing times, so perhaps if the licensing activity is ceasing at midnight in one o'clock probably half an hour on each one for the opening times the opening times generally don't take effect as conditions unless specifically expressed. He asked if the applicant would accept that they would expect you to cease the licensing activities half an hour before you before you close.

Summing Up

Ms Driver said that the breach was the onus of the new applicants, and the hours were beyond the framework hours. She said that the premises is in close proximity to Whitechapel Mosque, and applying until 4am may cause an impact on those timings, particularly for Ramadan. She said that her concern is obviously the hours being in a CIZ area, and obviously being a small premises it's obviously maintaining that there's no ASB leaving.

Mr Kalam said that he would ensure that all of these processes and procedures are going to be fulfilled and become part of our service level operational procedures. He said that there will be no music being played at the venue, there will be signage clearly to respect your neighbours to all our patrons and guests to respect neighbours to leave quietly to enter quietly, and staff will support the dispersal of our guests as they leave.