Decision details

APPLICATION TO VARY A PREMISES LICENCE – PASSIONE VINO, BASEMENT and GROUND FLOOR, 85 LEONARD STREET, LONDON EC2A 4QS – APPROVAL

The decision of 10^th October 2019

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing today has determined that having regard to the promotion of all the licensing objectives:

·  The prevention of crime and disorder;

·  Public safety;

·  The prevention of public nuisance; and

·  The protection of children from harm,

the application to vary the premises licence and the Supply of Alcohol (on the premises) has been approved in accordance with the Council’s licensing statement and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

·  Condition 9 be amended and will read as follows:

“There shall be no people gathering outside the premises, subject to obtaining an appropriate table and chairs licence allowing for 4 patrons sitting at the two outdoor seasonal tables until 21:00 hours. The two tables are to be brought back into the premises by no later than 21:15 hours”.

·  Condition 12 be amended and will read as follows:

“There shall be a minimum of 2 personal licence holders on duty on the premises at all times when the premises are authorised to sell alcohol”.

·  Condition 20 be amended and will read as follows:

“There shall be no partly consumed or open bottles/ containers taken outside of the premises at any time except for those seated customers in the designated outside seating area. All alcohol off sales shall be wrapped and bagged/ boxed”.

·  Condition 21 be amended and will read as follows:

“There shall be no more than 38 patrons in the 3 delineated indoor areas/rooms (i.e. Ground Floor, Mezzanine and Basement) of the premises at any one time, with no more than 20 patrons being in the Ground Floor and Mezzanine at any given time”.

·  Conditions 22 to be removed from the licence.

And the following additional condition:

·  “Alcohol shall only be sold, supplied and consumed to seated guests only, and all alcohol shall be served by waiter/waitress service”.

Reasons for the decision

The application has been approved, with the above amendments, as the Licensing sub-committee were satisfied that the licensing objectives would not be undermined in the Shoreditch Special Policy Area.

The sub-committee took into consideration the representations made by the Metropolitan Police, Licensing Services, Planning Services, Public Health and Other Persons with regards to the potential negative impact that the proposed variation will have on the Shoreditch Special Policy Area. However, it was noted that the Metropolitan Police and Public Health withdrew their representations, in advance of the hearing following the agreement of conditions with the applicant.

The applicant explained that were trading as a wine shop selling exclusively imported Italian wines to the UK and originally started out 10 years ago as wholesalers. They explained that the application was primarily to extend the hours that they sell alcohol by 30 minutes on the premises and to increase the capacity when holding events to be able to use the mezzanine and ground floor of the premises. The applicant explained that it was a niche business, which was effectively a wine bar without the ‘bar’. They explained that they do not sell beer or cocktails and are not a vertical drinking establishment with the wine tasting done in small rooms for exclusive customers.

It was also noted that there are no cooking facilities just a small kitchen in which they prepare authentic snacks from Italy such as boards of cheese, as such there was no intention to turn the wine shop into a restaurant in the future.

After hearing from the applicant and their representative along with the remaining Responsible Authority (Licensing), the sub-committee felt that by granting the application to vary the licensable hours and to increase the capacity and areas of use within the premises would not unduly add to negative impact currently being experienced in the Shoreditch Special Policy Area, given the type and style of operation.

Planning Informative

The applicant is reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and hours.

It also should be noted for the public record that the local planning authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.