Agenda, decisions and minutes

        1.1  Councillor Bell was duly elected to Chair the meeting.

2.1  There were no apologies for absence.

3.1  There were no declarations of interest.

4.1  The Legal Officer outlined the hearing procedure.

Decision

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;
• Prevention of public nuisance;
• The protection of children from harm;

the application for a premises licence has been refused in accordance with Licensing Policies LP1, LP2, and LP10 within the Council’s licensing statement.

Reasons for the decision

The Licensing Sub-Committee, having heard from the Licensing Authority and Other Personsbelieved that by granting the application it is likely to result in the licensing objectives for the promotion of public nuisance and crime and disorder being undermined within the Shoreditch Special Policy Area (Shoreditch SPA).

The Licensing Sub-Committee took into consideration the representations made by the Licensing Authority, and Other Persons regarding the cumulative impact in the Shoreditch SPA, which is an area saturated with licenced premises that has, as a consequence, resulted in complaints from local residents.

The Licensing Sub-Committee carefully considered the representations made by the Applicant’s representative which included the concept, nature and proposed operation of the premises within the Shoreditch SPA. The Licensing Sub-Committee also took into consideration that the Applicant had a understanding of the nature of the locality in which the premises was located over a number of years and that the Applicant is an experienced premises owner in the area along with holding a premises licence at No. 123 Shoreditch High Street. 

The Licensing Sub-Committee were not satisfied that the Applicant was able to demonstrate that the addition of another premises in the heart of the Shoreditch SPA would not add to the negative cumulative impact that is currently being experienced in the area. The Licensing Sub-Committee felt that the proposed capacity of the premises for both the basement and the ground floor would result in more people coming into the area, consuming alcohol and staying in the area for longer, which would inevitably contribute and add to the public nuisance, and crime and disorder in this part of the Shoreditch SPA.

The Licensing Sub-Committee took into consideration when refusing this application the acute alcohol related problems and issues continually being experienced in the Shoreditch SPA that has resulted in increased public nuisance and crime and disorder, which regularly affect the local residents, whom also believe and have indicated the police are struggling to control. Therefore, it was felt that by not granting a licence the licensing objectives would be promoted.

5.1  NOTED the additional information submitted by the applicant and Other Persons, which was circulated at the meeting.

5.2  Mike Smith, Principal Licensing Officer introduced the report outlining the application for a new premises licence in respect of The Grapevine located in the Shoreditch Special Area Policy (SPA). He advised that the start time for films and opening hours had been amended from 09.00 hours to 10.00 hours Monday to Saturday. Representations had been received from Environmental Enforcement, Police, Licensing and Other Persons, and Planning had submitted an informative. It was emphasised that the applicant had agreed the additional conditions proposed by Environmental Enforcement and the Police and they had now withdrawn their respective representations.

5.3  Sarah Le Fevre, the applicant’s legal representative made the following submission in support of the application. The applicant had bought the premises in 2017 and spent £150,000 refurbishing it into a small venue offering a library and reading room concept. This model had been trialled and tested since the premises opened in 2017 without any significant concerns and five special functions were held annually.  The existing premise licence restricted the use of the premises to a restaurant and the basement had been converted into library room with clients consuming a maximum of two glasses of alcohol.  The size of the premises was small with a total capacity of 120 persons. A maximum of 40 persons were permitted in the basement floor and a maximum of 80 persons were permitted on the ground floor.  However, the applicant was proposing to reduce the capacity on the ground floor from 80 to 60 persons. 

5.4  Furthermore, Ms Hussain was an experienced licensee and a good operator having previously managed other premises within Hackney without any issues.  The sergeant from the Police’s Licensing Services had provided a letter with positive comments relating to the licensee’s co-operation. In addition, Ms Hussain had liaised positively with the local community and responsible authorities to address their concerns including agreeing to additional conditions.  Ms Hussain also owned and operated the adjacent licensed premises, The Corner Shop, at 123 Shoreditch High Street, which supplied alcohol on and off the premises without any issues.  It was argued that the concept, scale of the premises, the applicant’s good character and previous track record in managing a licensed premises amounted to exceptional circumstances.

5.5  Channing Riviere, Licensing, outlined in his submission that the premises was located within the Shoreditch SPA, which had a high concentration of licensed premises in the area.  An additional licensed premises would add to the negative cumulative impact, crime and disorder and public nuisance experienced in the area.  However, the proposed opening hours complied with the Council’s core hours’ policy and there had been no issues with the applicant and this premises.  Following discussions with the applicant, Ms Hussain agreed not to use the outside area at the front of the premises and if the Sub-Committee were minded to grant the licence minor changes to the proposed conditions would be necessary.  ...  view the full minutes text for item 5.

6.1  There were no temporary event notices.