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Agenda, decisions and minutes

Venue: Until further notice, all Licensing Sub-Committee meetings will be held remotely

Contact: Natalie Williams, Governance Officer 

Items
No. Item

1.

Apologies for Absence

Minutes:

2.1  There were no apologies for absence.

2.

Declarations of Interest - Members to declare as appropriate

Minutes:

3.1.  There were no declarations of interest.

3.

Minutes of the Previous Meeting pdf icon PDF 329 KB

Minutes:

3.1  None

4.

Licensing Sub-Committee Hearing Procedure pdf icon PDF 88 KB

Minutes:

4.1  The participants noted the hearing procedure.

5.

Election of Chair

Minutes:

5.1  Cllr Fajana-Thomas was elected as Chair.

6.

Bagel Buzz, 195 Shoreditch High Street London E1 6LG pdf icon PDF 12 MB

Decision:

Application for A Premises Licence – Bagel Buzz, 195 Shoreditch High Street, London, E1 6LG – APPROVAL

 

The decision of 8th August 2023

 

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 amendments:

 

·  The hours for licensable activities, shall be, as agreed:

 

 

Opening Hours:

 

 

Monday to Wednesday   07:00 - 01:00

Thursday to Saturday    07:00 - 01:00

Sunday  07:00 - 01:00

 

 

Late Night Refreshment:

 

 

Monday to Wednesday   23:00 - 00:00

Thursday to Saturday    23:00 - 01:00

 

 

·  Remove Late Night Refreshment from Sundays

 

·  Condition 11 on the licence to be amended as follows:

 

 

"  The pavement area outside the premises will be regularly

checked for litter and the front area will be swept daily".

 

 

Reasons for the decision

 

The application for Late Night Refreshment has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.

 

The Sub-committee took into consideration the objection made by the Licensing Authority due to the late opening of the premises beyond core hours under Policy LP3.

 

The Sub-committee took into consideration that the Metropolitan Police Service (“the Police”) withdrew their representation after speaking to the Applicant in advance of the hearing. The Sub-committee also noted that there were no representations from other Responsible Authorities or local residents in the area.

 

The Sub-committee heard that the Applicant was seeking to open later to provide late night refreshment in the form of hot bagels and hot drinks for takeaway after 23:00, and there was no consumption of alcohol on the premises. The Sub-committee heard that the Applicant wanted to develop the business and their customers asked why they did not open after 23:00.

 

The Sub-committee heard the Applicant's legal representative make submissions that the Applicant sold niche bagels, that it was a modest Application from 23:00 - 2 am each day, the Police and Environmental Protection have no objection to this application. The Applicant's legal representative contended that it was not a quiet area, and it was a busy area late at night. The Sub-committee heard the representation made on behalf of the Applicant  that “ would a hot bagel served with a hot drink”  add to the cumulative impact of the area. 

 

After hearing from the Applicant’s legal representative, the Applicant’s Agent  and from the Licensing Authority, the Sub-committee was satisfied with the amended condition and the reduced hours that the Applicant agreed to would mitigate any negative impact that granting the licence would have on the potential for customers causing noise nuisance late at night.

 

The Sub-committee had concerns about queuing outside the premises  ...  view the full decision text for item 6.

Minutes:

6.1  The Licensing Sub-Committee heard from Hackney Council’s Senior

Licensing Officer, the Advocate, and the Agent for the Applicant. The

Licensing Team Leader made representations on behalf of the Licensing

Authority. The application was for a premises licence to allow the

provision of late night refreshments on Monday to Sunday from 11.00pm

-01.00am. The Police had withdrawn their representation after visiting

the premises and discussions with the Applicant.

 

6.2  During the course of the meeting there was a discussion where a number  

of points were raised including the following:

 

·  The advocate for the applicant noted that the application was for the supply of food and drink from 11.00pm-01.00am.

·  Consumption is for takeaway only and deliveries from the premises of hot food and drink after 11.00pm was not proposed.

·  Consultation had been carried out in line with the Licensing Act 2003 and regulations.

·  It was noted that the Licensing Authority had additional requirements for the application to be displayed on the Council’s website and the Council allowed people to subscribe to a list which outlined application details which were circulated weekly. In addition, all licensing application details were sent to all ward councillors.

·  The Applicant noted that there were residential dwellings above the premises and adjacent commercial premises had residential dwellings on upper floors.

·  The Applicant had not had any discussions about the application with the residents above the shop.

·  The Licensing Team Leader noted that the Responsible Authority’s Licensing Representation at Appendix B included references to the Special Policy Area (SPA) which no longer applied from 1 August 2023.

·  The Licensing Authority was concerned about additional premises operating in the area leading to public nuisance which undermined the licensing objectives.

·  The Licensing Team Leader noted that the area was considered to comprise mixed commercial ground floor use with some residential dwellings above commercial premises.

·  The Applicant indicated that the application was proposed to develop the business and also responded to customer requests for late night opening.

·  The Licensing Authority noted the objection was related to the prevention of nuisance related to persons queueing, consumption of purchases on the street, and discarding of packaging and noise.

·  In response to questions related to queueing outside the premises the Applicant’s Agent noted that based on the Applicant’s trading history queues outside the premises were not anticipated.

·  The Applicant had offered conditions including CCTV and a security Industry Authority (SIA) approved door supervisor to manage the queues. In addition, a litter bin and regular pavement sweeping had been proposed.

·  The Applicant’s agent and advocate indicated that a no queueing outside condition was unenforceable and would not be accepted.

·  In response to a query regarding the impact of queueing on residential dwellings above the premises and the impact of where people went to eat their purchases the Licensing Authority noted that the proposed SIA condition sought to restrict the number of customers inside the premises to 8 people. It was noted that the mixed commercial nature of the area suggested that residents were used to  ...  view the full minutes text for item 6.

7.

Temporary Event Notices - Standing Item

Minutes:

7.1  There were no Temporary Event Notices