Decision Maker: Licensing Sub Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: June 12, 2025

Purpose:

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.