Agenda and decisions

6.1  The sub-committee heard from the Principal Licensing Officer and the applicant. During the course of submissions and a discussion of the application, the sub-committee noted the following:

 

·  It was noted that the applicant had submitted additional information which had been circulated to all parties.

·  The applicant stated that he wanted to expand his business by taking the lease next door to his restaurant, which would be operated as a separate business.

·  In reference to the ‘Other Persons’ representation, the applicant advised the source of the complaint related to a music-led event operated under a Temporary Event Notice.

·  The applicant stated there were no plans to use DJs on the premises and reported that he had consulted an acoustic specialist

·  In their absence, the sub-committee noted the written representation from ‘Other Persons’ who lived above the premises.

·  The applicant confirmed that outside seating was operated from the premises next door which he also operated. Should an application for outside seating be made, he planned to erect an awning to absorb any noise.

·  The sub-committee proposed an additional condition relating to noise nuisance, to which the applicant agreed. The applicant had agreed with the police to extend the opening hours by 30 minutes to allow ‘drinking up time’ before the terminal hour.

 

RESOLVED:

 

The Licensing Sub-Committee, in considering this decision from the

information presented to them within the report and at the hearing today and having regard to the promotion of the licensing objectives:

? The prevention of crime and disorder

? Public safety

? Prevention of public nuisance

? The protection of children from harm

 

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

 

The opening hours and the hours for licensable activity are:

 

  Opening Hours:

 

  Monday to Saturday 12:00 – 23:00 hours 

  Sunday 12:00  - 22:30 hours   

 

  Supply of Alcohol (on the premises):

 

 

Monday to Saturday 12:00 – 22:30 hours

  Sunday 12:00  - 22:00 hours   

 

? Remove off sales

 

? Remove restrictions that alcohol sales are limited to wine.

 

Reasons for the decision

 

The Application to vary this premises licence has been approved, as

members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined.

 

The Sub-committee took into consideration that the Environmental Protection Team and the Metropolitan Police Service had withdrawn their representations, and agreed conditions with the licence holder in advance of the hearing.

 

The Sub-committee took into account that Other Persons (a local resident) objected to the Application due to complaints about noise nuisance from the premises, and the impact on them, which was expected to increase as a restaurant with customers outside. The Sub-committee noted that there were no other objections received by other residents and responsibly authorities.

 

The Sub-committee took into account that the licence holder demonstrated that he was an experienced and responsible operator of 49 Broadway Market, which is a restaurant, with a good track record of 7 years.  ...  view the full decision text for item 6.

RESOLVED:

 

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:

 

 

  Opening Hours:

Monday to Wednesday   08:00 - 22:30

 

 

Thursday to Saturday   08:00 - 23:30

 

 

Sunday and Bank Holidays 09:00 - 22:30

 

 

 

 

Supply of Alcohol (On the premises): 

Monday to Wednesday   12:00 - 22:00

 

 

Thursday to Saturday   12:00 - 23:00

 

 

Sunday and Bank Holidays 12:00 - 22:00

 

 

 

 

Condition 19 shall be amended to read as follows:

 

 

“There shall be no more than 25 seated patrons permitted in the premises at any one time subject to the following maximum occupancies:

 

 

The downstairs  -  10 seated patrons

The roof terrace  -  15  seated patrons as indicated on the Plan”

 

 

 

 

 

 

Condition 24 shall be amended to read as follows:

 

 

  “ No refuse and/or bottles are to be placed in external receptacle or in areas 

  outside the premises between 23:00 and 08:00 each day”

 

 

Condition 26 shall be amended to read as follows:

 

  “Alcohol shall not be sold, supplied, or consumed on the premises otherwise than 

  to seated customers served by waiter / waitress service ancillary to consumption

  of food from the menu. There shall be no vertical drinking on the premises, and

  there shall be no direct sales of alcohol to customers standing at the bar. Food 

  shall be available at the premises at all times”.

 

 

Remove Late Night Refreshment from the licence.

 

 

And the following conditions:

 

 

The roof terrace shall not be used outside the hours of 0800–2200 Sunday to Wednesday and 0800-2300 Thursday to Saturday.

 

 

The licence holder to carry out a Fire Risk assessment of the premises.

The licence holder to carry out a noise pollution assessment of the premises.

 

Reasons for the decision

 

The Sub-committee approved the application with the above amendments and additional conditions for on-sales of alcohol at the premises to prevent the licensing objectives being undermined.

 

The Sub-committee took into consideration that the Applicant had agreed conditions with the Environmental Enforcement in advance of the hearing, and Environmental Enforcement subsequently withdrew their objections to the application.

 

The Sub-committee took into consideration that the Metropolitan Police Service (“the Police”), and the Licensing Authority raised  objections to the application. The Sub-committee heard submissions from the Police and the Licensing Authority that this application was seeking to (1) enable the premises to operate without the existing requirement for alcohol to be sold ancillary to substantial table meals (2) increase capacity from 15 seated patrons to 40 and (3) regularise a roof terrace constructed subsequent to the grant of the existing licence.  ...  view the full decision text for item 7.