The Licensing Sub-Committee of Tower Hamlets Council met on Thursday 15 July 2021 to consider an application for a premises licence variation and a review of an existing premises licence. The committee decided to grant the variation for SARK 204 Brick Lane, subject to conditions, and to revoke the premises licence for BTN Box, 76 Brick Lane.

SARK 204 Brick Lane Premises Licence Variation

The committee considered an application for a premises licence variation for SARK 204 Brick Lane, London E1 6SA, to make permanent the off-sales and delivery of alcohol. The applicant, represented by Charles Denny, argued that the restaurant, which specialises in Japanese sushi and Asian fusion cuisine with a Michelin-starred chef, is a high-end establishment and not a typical takeaway. Mr. Denny highlighted that the proposed hours for off-sales, including deliveries, would fall within Tower Hamlets' current framework hours. He also presented six proposed conditions to be added to the licence, including:

• Permitted hours for off-sales from 10:00 to 23:00 Monday to Saturday and 12:00 to 22:30 on Sundays.
• Alcohol to be sold only in sealed containers for off-premises consumption.
• An expanded incident log to record all incidents of crime or disorder related to deliveries and refusals of alcohol.
• An age verification policy for anyone appearing under 25, requiring proof of age, and training for delivery drivers.
• Measures to prevent public nuisance, with delivery riders not permitted to congregate outside the premises.
• Deliveries restricted to residential addresses or places of work.

The Licensing Authority, represented by Kathy Driver, objected to the application, citing that the premises is located within the Brick Lane Cumulative Impact Zone¹. Ms. Driver expressed concerns that the addition of off-sales, even with the proposed conditions, could exacerbate existing issues in the area related to customers drinking alcohol purchased from premises on Brick Lane in the streets. She also noted the absence of standard conditions such as CCTV in the proposed licence.

Councillor Mohammed Pappu questioned how the applicant would deal with potential noise and congregation from delivery drivers and customers. Mr. Denny responded that the restaurant's high-end nature and pricing would deter casual street drinkers, and that delivery drivers would be managed to prevent accumulation. He also stated that customers purchasing high-end food and alcohol would not be consuming it on the street.

The committee ultimately decided to grant the variation, imposing the six conditions proposed by the applicant.

BTN Box, 76 Brick Lane Premises Licence Review

The committee then considered an application for the review of the premises licence for BTN Box, 76 Brick Lane, London E1 6RL. The review was supported by the Metropolitan Police, represented by PC Mark Ferry (who was attending another meeting), the Licensing Authority (Kathy Driver), Environmental Health (Phil Brewer), and Health and Safety (Lekan Olomo).

The Licensing Officer, Ibrahim Hussain, detailed that the premises licence was issued in November 2017 to Blue Trinidad, with Sultan Kamiya listed as the company director. However, the company is facing compulsory strike-off, and annual fees for 2018 and 2019 remained unpaid, suspending the licence. A fee for 2020 was paid via an email address associated with Kai Chi Chi, not the original licence holder.

Kathy Driver, representing the Licensing Authority, stated that the licence holder had no involvement in the business operating at the premises. She highlighted that the licence holder had failed to pay fees, allowed unauthorised activities to take place while the licence was suspended, and had not notified the authority of any business changes. The Licensing Authority sought revocation of the licence.

Phil Brewer from Environmental Health supported the review, citing previous noise complaints and disregard for COVID-19 restrictions in December 2020. Lekan Olomo from Health and Safety detailed an enforcement visit on 19 December 2020, where approximately 20-25 people were found inside the premises partying, despite Tier 3 restrictions being in place. He noted a blatant disregard for health risks and COVID regulations, and that the premises had previously been served with a written notice and a fixed penalty notice.

During the question and answer session, councillors sought clarification on the timeline of events, the payment of fees, and the lack of communication from the licence holder. It was confirmed that attempts to contact the licence holder had been unsuccessful. The committee discussed the implications of revoking the licence, noting that the premises could continue to operate as a food premises but would not be able to sell alcohol.

The committee decided to revoke the premises licence for BTN Box, 76 Brick Lane.