Agenda and decisions

The 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 approved in accordance with the Council’s Statement of Licensing Policy and the conditions set out in paragraph 8.1 of the report, with the following amendment :-

The opening hours and the hours for licensable activity are:

Films

Wednesday     18:00 - 22:00

Sunday      18:00 - 22:00

Supply of Alcohol (on-sales)

Monday - Wednesday   12:00 - 21:30

Thursday - Saturday    12:00 - 22:30

Sunday  12:00 - 21:30

The external area shall close at 22:00

Supply of Alcohol (off-sales)

Monday - Wednesday  12:00 - 22:00

Thursday - Saturday    12:00 - 23:00

Sunday  12:00 - 22:00

Opening hours

Monday - Wednesday   07:30 - 22:00

Thursday - Friday    07:30 - 23:00

Saturday    08:00 - 23:00

Sunday  10:00 - 22:00

And the following conditions:

·  The Licence holder shall provide a plan of the premises to show the extent of the external area.

·  Food shall be available at all times.

·  SIA registered door supervisors should be employed on a risk assessment basis. All door supervisors shall enter their full details in the premises daily register at the commencement of their work. They shall record their full name, contact telephone number, their SIA registration number and the times they commence and conclude working. If the door supervisor is provided by an agency, the name, registered business address and contact telephone number will also be recorded. This register will be made available to police or other authorised officer upon request.

·  There shall be a maximum of 20 seated customers outside the premises in the external area at any one time.

·  There shall be a written Dispersal Policy to be agreed with the Licensing Authority and the Police. The approved dispersal policy shall be implemented at the premises. All staff shall be briefed on this dispersal policy. A copy of the policy shall be kept on the premises and shall be produced to a police officer or other authorised officer upon request.

·  The external area shall be closed to customers from 22:00 and the tables and chairs in the outside area shall be rendered unusable after that time.

·  After 22:00 there shall be a maximum of 5 smokers outside the premises at any one time.

·  The Licence holder shall work with the Environmental Protection Team and by carrying out a Noise Impact Assessment to agree to adequate sound proofing works for the premises to prevent noise nuisance and any noise breakout or impact on local residents.

·  The Premises Licence Holder shall organise and publicise regular meetings for local residents to attend and/ or representatives of the local residents to discuss the operation of the premises and to address any concerns about the premises at least every 3 months.  ...  view the full decision text for item 5.

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; and

·  The protection of children from harm,

the application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the proposed conditions set out in paragraph 8.1 of the report, with the following additional conditions:

The maximum number of persons (excluding staff) shall be allowed at the premises shall not exceed 70 persons.

No more than 5 persons are permitted to smoke outside the premises at any one time.

Reasons for the decision

The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.

The Sub-committee took into consideration Environmental Enforcement withdrew their representation and agreed conditions with the Applicant.

The Sub-committee heard representations from the Applicant’s legal representative that the premises is a neighbourhood café with food and small plates. The applicant confirmed that there is an existing off-licence which can be surrendered if this licence is granted

The Sub-committee took into consideration Other Persons objected to the application, and had not responded to the letter from the Applicant addressing their concerns. The Sub-committee noted the hours are modest and condition 8 referred to alcohol being served to seated customers only. The Sub-committee noted that condition 9 dealt with the prevention of noise nuisance.

The Sub-committee heard that the premises has a shop front licence and off-sales will be served to customers sitting outside of the premises.  The Sub-committee noted the premises were being opened in a vacant building on Hackney Road. The Sub-committee took into consideration that the retail off sales such as wine will be in  sealed containers

The Sub-committee took into consideration smokers will be in a small area near the bin store area, and no more than 5 smokers will be permitted outside at any one time. The Sub-committee heard that the capacity for the outside is subject to the number of tables and chairs. The Sub-committee noted that the capacity inside is expected to be 50 to 60 over both floors excluding the outside capacity which is estimated at 40. The Sub-committee felt there should be a capacity of no more than 70 in the premises excluding staff.

The Sub-committee took into account that food will be available at all times and they were satisfied with the representations. The Sub-committee had no concerns about the external area. The Sub-committee felt that the premises would not have a negative impact on the area, and was not in the Special Policy Area.

The Sub-committee noted that there were no objections from most of the  Responsible Authorities, that there was one representation in support of the application, and two representations objecting to the application. The Sub-committee took into consideration that the Applicant  ...  view the full decision text for item 6.