Agenda, decisions and draft minutes

1.1  Councillor Lufkin was duly elected to Chair.

Apologies were received from Cllrs Patrick and Snell.

3.1  There were no declarations of interest.

4.1  The Chair outlined the hearing procedure.

This item was determined under delegated authority and withdrawn from the agenda.

5.1  This application was determined under delegated authority and  withdrawn from the agenda.

The decision

The 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 has been approved in accordance with the Council’s licensing statement and the current conditions at paragraph 3.1 of the report, with the following agreed amendments:

•  Condition 24 – amended to include the number of smokers to the sentence ‘except for 4 smokers’.

and along with the proposed conditions set out in paragraph 8.1 of the report, with the following agreed amendments:

• Condition 1 - add the following words to the sentence ‘except for a maximum of four patrons using the designated external seating area.’

Reasons for the decision

The application has been approved with the above amendments, as the Licensing Sub-Committee having heard from the applicant today was satisfied that given the intended operation of the business, off-sales during the existing licensable hours, would not undermine the licensing objectives. 

Public informative

The applicant is reminded of the need to operate the premises according to any current planning permission relating to its user 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.

The applicant is reminded of the need to regularise the planning status for the premises.

(The Chair with the agreement of all parties adjourned the meeting at 7.15pm and reconvened at 7.24pm)

6.1  The additional information including the information submitted by the applicant at the meeting and agreed by all parties, was circulated at the meeting.

6.2  Mike Smith, Principal Licensing Officer introduced the report in relation to a variation application for off sales of alcohol and reported that representations had been received from Licensing and Other persons.  Planning has submitted an informative but made no representation.

6.3  The Sub- Committee noted the Other Persons written representations.

6.4  Nolan Luijten, the premises licence holder made submissions in support of the variation application.  He stated that premises was a restaurant and take away business for vegans and vegetarians offering vegan and organic beers, wines and cocktails.  The application would enable them to offer their curated vegan and organic wines off sales to customers to consume at home.  The alcohol sales formed a minor part of the business revenue and they supplied high quality alcohol which was reflected in their prices.  The cheapest wine on the menu started at £23 and the high prices would deter excessive or street drinking therefore minimising any public nuisance and cumulative impact.  In addition, they were responsible operators and management would be present during the opening hours. 

6.5  Channing Riviere, Licensing, outlined in his submission that the applicant had agreed to include an additional condition regarding sealed containers, however, the applicant did not agree to the proposed condition of alcohol being sold ancillary to food.  This proposed condition was intended to mitigate any cumulative impact in the area and ensure that the premises did not operate in the future as a vertical drinking establishment. 

6.6  Mr Luijten stated that he believed that the proposed condition was not relevant to the application as it related to on sales of alcohol and furthermore, staff had been provided with extensive training to ensure compliance with licensing conditions therefore minimising public nuisance and cumulative impact.

6.7  Mr Riviere stressed that the proposed condition relating to alcohol and food was necessary to ensure that the premises continued to operate as a restaurant.  In recent years there had been a rise in licensed premises in Leonard Street which was contributing to the negative cumulative impact in the area.

6.8  In response to questions from the Chair regarding the application, Mr Luijten confirmed that the off sales of alcohol hours was until 21.00 hours. Mr Luijten explained that the premises had previously operated as vertical drinking establishment called the Shoreditch Art Club and off sales had not been granted due to the nature of the business.  The premises was now under new management and operating as a restaurant primarily selling food.

6.9  In response to questions from Councillor Gordon seeking further clarification, Mr Luijten and Mr Verhavert stated that the restaurant/takeaway had been open for nine weeks without any issues.  It currently attracted more diners but they planned to grow the takeaway business.  With regard to  ...  view the full minutes text for item 6.

7.1  There were no temporary event notices.

7.1  There were no temporary event notices.