The Licensing Sub Committee of Tower Hamlets Council met on Tuesday 23 April 2024 to consider two applications for new premises licences. The application for Code, located at 34 Westferry Circus, was refused due to concerns about public nuisance and public safety. The application for Little LND, at 39 Autumn Street, was also refused, primarily due to concerns about public nuisance and the potential for crime and disorder.

Application for a New Premises Licence for Code, Floors 3-4, 34 Westferry Circus, London E14 8RR

The Sub-Committee considered an application for a new premises licence for Code, located at 34 Westferry Circus. The applicant, E14 Lounge Ltd, sought authorisation for the sale of alcohol, regulated entertainment, and late-night refreshment until 2:00 AM seven days a week, with the premises closing at 2:30 AM.

Representations against the application were received from the Metropolitan Police, Environmental Health, the Licensing Authority, and local residents. While conditions were agreed with Environmental Health and the Police, the police objection remained, primarily citing concerns for public safety and the prevention of public nuisance.

Frank Fender, representing the applicant, highlighted that the premises were not in a Cumulative Impact Zone and argued that the application should be granted unless there were specific reasons to refuse. He detailed the proposed use of the two floors, with the fourth floor as a restaurant and the third as a lounge bar with cabaret-style entertainment. He assured the committee that the main riverside entrance would be closed after 10:30 PM, with all access and egress then occurring via the underground car park, managed by security staff. The applicant agreed to accept a condition for a transport management plan to be produced and agreed with the police and licensing authority before any licensable activity commences.

PC Mark Perry of the Metropolitan Police expressed concerns about the terminal hour of 2:00 AM and the use of the shared underground car park for egress. He highlighted the potential for congestion, nuisance from taxis and Ubers, and risks of road traffic collisions due to the car park's location beneath a busy roundabout. He stressed that a satisfactory plan to manage egress was crucial and should be approved by the Sub-Committee before a licence is granted.

Corinne Holland, representing the Licensing Authority, echoed concerns about public nuisance from patrons leaving late at night. She noted the potential for noise escape from bi-folding doors on the third floor, which could create an internal terrace area, and raised questions about the practicalities of managing smokers via the car park after 10:30 PM. She also pointed to the applicant's links with a company previously prosecuted for licensing breaches.

Kevin Bell, speaking for the residents, urged the Sub-Committee to reject the application outright, citing non-compliance with planning policies and the unsuitability of the location for late-night activities. He detailed concerns about noise pollution, light pollution, loss of privacy, inadequate smoking facilities, lack of a transport plan, and the potential for disorder due to the absence of public transport late at night. He suggested limiting opening hours to 10:00 PM with background music only, similar to other nearby establishments.

During questioning, the applicant confirmed a capacity of approximately 160 people per floor (320-340 total) and that house lights would be raised towards closing time. However, the applicant was unable to provide a clear estimate for the time it would take to disperse all patrons if they left simultaneously. The Sub-Committee expressed concerns about the feasibility of managing egress through the car park and the lack of a comprehensive transport management plan.

After deliberation, the Sub-Committee decided to refuse the application for Code. They found that the proposed terminal hour of 2:00 AM, seven days a week, in a highly residential area, posed a significant risk to public safety and the prevention of public nuisance. The Sub-Committee was not satisfied that the proposed egress arrangements, including the use of the underground car park and the lack of a detailed traffic management plan, adequately mitigated these risks. They concluded that the issues raised were not matters that could be sufficiently addressed by conditions alone and that the application, as it stood, did not sufficiently promote the licensing objectives.

Application for a New Premises Licence for Little LND, Studio 2, Unit 3a, 39 Autumn Street, London, E3 2TT

The Sub-Committee also considered an application for a new premises licence for Little LND, located at 39 Autumn Street. The applicant, Little LND Ltd, sought authorisation for the sale of alcohol from 9:00 AM to 3:00 AM seven days a week, and for regulated entertainment, including live and recorded music and dance, from 6:00 AM to 3:00 AM daily, with non-standard timings extending to 5:00 AM on specific occasions.

Representations against the application were received from the Licensing Authority, Environmental Health, the London Legacy Development Corporation (LLDC), and local residents. The police had agreed to a number of conditions. The objections focused on the prevention of crime and disorder, public nuisance, and public safety.

Robert Sutherland, representing the applicant, informed the Sub-Committee of amendments to the proposed hours for licensable activities. Alcohol sales would now be until 11:30 PM Monday to Thursday, 3:00 AM on Friday and Saturday, and 10:30 PM on Sunday. Regulated entertainment and live music would primarily be on Friday and Saturday nights until 3:00 AM. He highlighted the agreed conditions and the applicant's willingness to implement a transport management plan, with a condition that it be approved by the police and licensing authority. Matthew Blewitt, the applicant's operations director, stated he would provide his contact details to residents for direct concerns.

Kathy Driver, representing the Licensing Authority, welcomed the reduction in hours but maintained concerns about public nuisance. She noted that the LLDC's planning permission restricted operating hours to 9:00 AM to 11:30 PM, citing the area's increasing residential nature and past complaints from previous nightclub operations at the site. She expressed doubts about the manageability of the traffic and egress plans, particularly regarding taxi pick-ups and patrons walking through residential areas.

Nicola Cadzow, from Environmental Health, raised concerns about potential public nuisance from patrons leaving late at night, given the limited public transport options and the proximity of residential properties. She noted the venue's capacity of 300 and the potential for noise from vehicles and people on the small Autumn Street.

Michael Dover and Samantha Clark, representing residents and local businesses respectively, voiced strong objections. Mr. Dover highlighted the venue's unsuitability for its proposed use, citing past issues with noise, litter, and anti-social behaviour when the premises operated as Bloc. He questioned the applicant's experience and the lack of planning permission for the proposed activities. Ms. Clark, a freehold owner in Autumn Yard, expressed concerns about access to her tenants' studios and customers' access to her restaurant due to the proposed traffic management and taxi plans. She also raised issues of noise pollution, light disruption, and potential impact on canal boat residents.

During questioning, Mr. Sutherland clarified that there was no intention to close the road, only to suspend parking bays, and that a community safety-accredited person would manage traffic. He also stated that app-based taxi companies could be directed to a specific pick-up point. Mr. Dover disputed claims about parking bay usage and recounted personal experiences of threats due to noise complaints.

After considering all representations, the Sub-Committee decided to refuse the application for Little LND. They acknowledged the applicant's proposed amendments to hours and the agreed conditions, but found that the representations from responsible authorities and residents, particularly concerning public nuisance and the potential for crime and disorder, were compelling. The Sub-Committee noted the venue's previous history of noise complaints and the increasing residential nature of the area. They were not satisfied that the proposed measures, including the traffic management and dispersal plans, adequately mitigated the risks associated with the requested late operating hours, especially given the limited public transport and the proximity of residential properties. The Sub-Committee concluded that the application, as it stood, failed to demonstrate how the licensing objectives would be promoted and therefore refused the application.

Extension of Decision Deadline: Licensing Act 2003

The Sub-Committee agreed to extend the decision deadlines for several licensing applications to 31st July 2024. These included applications for We Are Bard Books, Perfecto Pizza, Fabwick, The Yard Theatre, and Victoria Park Market.

The meeting concluded at 9:20 PM.