Content

The Sub-Committee considered an
application by the Boundary Hotel Restaurant Ltd. for a new
premises licence to be held in respect of the basement, ground
floor and mezzanine of the Boundary Hotel, 2-4 Boundary Street,
London, E2 7JE (“the Premises”). The application sought
authorisation for the sale by retail of alcohol for consumption on
and off the premises from 07:00 hours to 23:30 hours Monday to
Wednesday, 07:00 hours to midnight Thursday to Saturday, and 07:00
hours to 23:00 hours on Sunday. The opening times were to 30
minutes after the last sale of alcohol. Non-standard timings were
also sought in respect of New Year’s Eve into New Year's Day
and for an extra hour of sales on the Sunday preceding a Bank
Holiday Monday.

 

The application received one
objection against it. This was from a local resident and was based
on the licensing objective of the prevention of public
nuisance.

 

The Sub-Committee heard from the
Applicant’s solicitor, Mr. Warne. He explained that the
Premises were already licensed as a hotel; the intention was to
outsource the restaurant, hence this new application. The
application was in fact for slightly reduced hours compared to the
current licence. If the application was granted, a condition had
been agreed with the Licensing Authority that the licence would not
take effect until a variation had been made to remove area covered
by this application from the scope of the existing licence. That
gave clarity to the authorities as to who the operator was at any
given time.

 

Mr. Warne spoke briefly to the
Council’s Brick Lane Cumulative Impact Zone (CIZ) and how
this application would not undermine it. He noted that there had
been no objection based on the CIZ. This application would not,
however, undermine the CIZ and he referred to the Council’s
hours’ policy as set out at paragraph 16.7 of the Statement
of Licensing Policy.

 

Attempts had been made to engage
with the resident who had objected. Mr. Warne explained that there
appeared to be have been a misapprehension that the mezzanine meant
the roof terrace. The mezzanine was internal and therefore the
issues raised in relation to the roof terrace were not relevant to
this application. The issue with the extraction system had not been
raised previously and was being investigated. The representation
did not refer to the fact that the Premises were a
restaurant.

 

During questions from Members, it
was confirmed that that the restaurant was open to the general
public and that any lease or licence (in property law terms rather
than a premises licence) granted to an operator would contain
clauses that allowed the applicant to retain a degree of control
and bring the arrangement to an end in the event the operator
breached the premises licence.

 

The application engages the
licensing objective of the prevention of crime and disorder. Ms.
Boileau, who made the representation, did not appear but
the 
Sub-Committee  had read her representation. This complained
of excessively loud noise from the roof terrace, which prevented
her family from sleeping before 23:00 hours and that she had
complained to the premises. She also referred to noise from a
vent.

 

The Sub-Committee noted that the
Premises were on the very border of the CIZ. Mr. Warne’s
representation in that regard was nonetheless helpful. No
representations were received in respect of that but the
Sub-Committee considered that the nature of this application meant
that there would be no negative impact upon the CIZ.

 

The Sub-Committee were advised
that the issue of noise from the extractor was likely to be a
planning or noise enforcement issue rather than strictly linked to
the licensable activity. The applicant’s willingness to
engage with Ms. Boileau on this however, was noted. The
Sub-Committee 
did not consider this to be a
cause for concern in respect of the application before
it.

 

Similarly, the issue of noise from
the roof terrace did not seem to be an issue that related to this
application and it did not seem to  the Sub-Committee that the grant or refusal of
this application would alter that in any way. The Sub-Committee
noted that 
there were no other
representations, which might have been expected if the hotel was
causing a noise disturbance in the manner complained of. Whatever
the reason for the lack of other objections, the Sub-Committee did
not consider that this application would adversely affect the
licensing objective of the prevention of public nuisance in that
regard. The Sub-Committee was therefore satisfied that it was
appropriate and proportionate to grant the application as sought,
with the conditions consistent with the operating schedule and the
additional condition agreed with the licensing authority. That last
condition, however, was modified slightly to make the wording
clearer. 

 

Accordingly, the Sub Committee
made a unanimous decision and it was;

 

RESOLVED

 

That the application for a new
premises licence for basement, ground floor and mezzanine of the
Boundary Hotel, 2-4 Boundary Street, London, E2 7JE be
GRANTED
with conditions.

 

Sale by retail of alcohol (for consumption on and off the
premises)

Monday to Wednesday
 07:00 hours to
23:30 hours

Thursday to Saturday
 07:00 hours to
00:00 hours

Sunday   07:00
hours to 23:00 hours

 

Non-standard timings: The premises
may remain open for licensable activities from the terminal hour
for those activities on New Year’s Eve through to the
commencement time for those activities on New Year’s
Day.

 

An additional hour for the sale of
alcohol will be permitted on Sundays prior to a Bank Holiday
Monday.

 

Times the premises are open to the public

Monday to Wednesday
 07:00 hours to
00:00 hours

Thursday to Saturday
 07:00 hours to
00:30 hours

Sunday   07:00
hours to 23:30 hours

 

Non-standard timings: The premises
may remain open for licensable activities from the terminal hour
for those activities on New Year’s Eve through to the
commencement time for those activities on New Year’s
Day.

An additional hour for the sale of
alcohol will be permitted on Sundays prior to a Bank Holiday
Monday.

 

Conditions

1.     
Between the hours of 12:00 and
14:00 and 17:00 to closing, with the exception of customers in the
area marked as ‘bar area’ on the ground floor, the
supply of alcohol on the premises shall only be to a person seated
taking a substantial table meal there and for consumption by such a
person as ancillary to their meal.

2.     
With the exception of customers in
the area marked as ‘bar area’ in the basement, the
supply of alcohol on the premises shall only be to a person seated
taking a substantial table meal there and for consumption by such a
person as ancillary to their meal.

3.     
With the exception of customers in
the areas marked as ‘bar area’ on the ground floor and
basement, the supply of alcohol 'On' the premises shall be by
waiter or waitress service only.

4.     
Alcohol will only be permitted to
be consumed by customers if they are seated. The only exception is
for persons attending a pre-booked, bonafide private function,
where members of the general public are excludedthe maximum
capacity for such events to be capped at 250 guests.

5.     
Substantial food and
non-intoxicating beverages, including drinking water, shall be
available in all parts of the premises where alcohol is sold or
supplied for consumption on the premises.

6.     
There shall be no sales of hot
food or hot drink for consumption 'Off the premises after 23.00
hours.

7.     
All sales of alcohol for
consumption 'Off’ the premises shall be in sealed containers
only, except for alcohol supplied and consumed by persons who are
seated in an area appropriately authorised for the use of tables
and chairs on the highway.

8.     
The number of persons permitted in
the premises at any one-time (excluding staff) shall not
exceed:

a.     
Basement - 130 persons.

b.     
Ground Floor - 150
persons.

9.     
The premises shall install and
maintain a comprehensive CCTV system as per the minimum
requirements of the Metropolitan Police Licensing Team. All entry
and exit points will be covered enabling frontal identification of
every person entering in any light condition.

10. 
The CCTV system shall continually
record whilst the premises is open for licensable activities and
during all times when customers remain on the premises.

11. 
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.

12. 
12.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 is 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.

13. 
A Challenge 25 proof of age scheme
shall be operated at the premises where the only acceptable forms
of identification are recognised photographic identification cards,
such as a driving licence, passport or proof of age card with the
PASS Hologram or any other form of ID permitted by the Home Office
for the purpose of age verification of sales of alcohol.

14. 
An incident log shall be kept at
the premises and made available on request to an authorised officer
of the Council or the Police. It must be completed within 24 hours
of the incident and will record the following:

(a)  
all crimes reported to the
premises staff

(b)  
all ejections of
patrons

(c)   
any complaints received concerning
crime and disorder

(d)  
any incidents of
disorder

(e)  
all seizures of drugs or offensive
weapons

(f)    
any faults in the CCTV
system

(g)  
any refusal of the sale of
alcohol

(h)  
any visit by a relevant authority
or emergency service.

15. 
No noise generated on the
premises, or by its associated plant or equipment, shall emanate
from the premises nor vibration be transmitted through the
structure of the premises which gives rise to a public
nuisance.

16. 
Notices shall be prominently
displayed at all exits requesting patrons to respect the needs of
local residents and leave the area quietly.

17. 
A dispersal policy ('the policy')
will be drawn up and implemented at the Premises to ensure that
customers are managed to leave and disperse quickly and quietly.
The Policy will be made available to The Metropolitan Police
Service and licensing and enforcement officers on
request.

18. 
The means of escape provided for
the premises shall be maintained unobstructed, free of trip
hazards, be immediately available and clearly identified in
accordance with the plans provided.

19. 
During the hours of operation of
the premises, the licence holder shall ensure sufficient measures
are in place to remove and prevent litter or waste arising or
accumulating from customers in the area immediately outside the
premises, and that this area shall be swept and or washed, and
litter and sweepings collected and stored in accordance with the
approved refuse storage arrangements by close of
business.

20. 
Deliveries of alcohol shall only
be made to bona fide residential or business addresses.

21. 
Save for resealed part consumed
bottles of wine, sales of alcohol for consumption off the premises
shall only be supplied with, and ancillary to a takeaway meal by
collection or delivery.

22. 
No collections of waste or
recycling materials (including bottles) from the premises shall
take place between 23.00 and 08.00 hours on the following
day.

23. 
This premises licence will not be
operated until premises licence number 146225 (or subsequently
amended number) has been varied so as to remove from the operating
licensable area of that licence the basement, ground and mezzanine
floors covered by this licence.