Agenda item
Application to vary the premises licence: Bull in a China Shop, 196 Shoreditch High Street, E1 6LG
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 has been approved in accordance with the Council’s licensing statement and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:
· Existing condition 19 to be removed – Glass bottles shall not be removed from the premises by patrons when leaving.
· Existing condition 17 to be removed - Except for patrons smoking, the outside areas shall not be used
· Existing condition 35 to be removed – Patrons will not be allowed to take drinks, glass or open containers outside of the premises at any time.
· Existing condition 36 to be removed –There will be no more than 5 patrons smoking outside the premises at any one time. This will be monitored by staff.
· Condition 25 be amended to read; Alcohol shall not be sold, supplied or consumed otherwise than to persons who are taking a tabled meal from the menu, this applies to both the inside and outside area, and that the consumption of alcohol will be by waiter/waitress service only.
and the following additional conditions:
· The outside shown edged green, being the enclosed courtyard to the rear of the premises can be used by customers up until 21:30 for the consumption of alcohol and food. After 21:30, only persons smoking (and limited to no more than 5 in total outside the premises in any outside area) shall be permitted.
· The area immediately outside to the front of the premises and edged in red, can be used by customers up until 19:00 for the consumption of alcohol and food. After 19:00, only persons smoking (and limited to no more than five in total outside the premises in any outside area) shall be permitted.
· The area immediately outside to the front of the premises and edged in red, will be limited to a maximum of 12 patrons only before 19:00.
With the following agreed additional conditions;
• Glass bottles shall not be removed the premises by patrons when leaving, other than other patrons who have been provided with a glass bottle inside the premises by a waiter/waitress, and then carries the bottle to one of the outside areas mentioned in these conditions
• Patrons will not be allowed to take drinks, glass or open containers outside of the premises at any time, other than patrons who have been provided with a glass bottle inside the premises by a waiter/ waitress, and then carries the bottle to one of the outside areas mentioned in these conditions.
Being merged into the following condition;
• Patrons will not be allowed to take drinks, glass or open containers outside of the premises at any time, other than patrons who have been provided with a glass bottle inside the premises by a waiter/waitress, and then carries the bottle to one of the outside areas mentioned in these conditions. No glass bottles, drinks or open containers shall be taken off the premises or from the aforementioned outside areas, as off-sales is not permitted.
Reasons for the decision
Members of the Licensing Sub-Committee, after careful consideration of the representation made by the applicant, and written statements submitted by other persons, have determined that with the above amendments and additional conditions the application has been approved, as the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.
Public informative
The applicant is reminded of the need to apply for a table and chairs licence for permission to place tables and chairs at the front of the premises.
Minutes:
7.1 The Principal Licensing Officer, Mike Smith, introduced the application to vary the premises licence for Bull in a China Shop, 196 Shoreditch High Street E1 6LG. The proposed variation was to remove and replace the conditions relating to the use of outside areas at the premises. Responsible Authorities (Environmental Protection and the Police) had withdrawn their representation following agreement with the applicant. Licensing had also withdrawn their representation. The applicant had submitted additional papers for the meeting including a revised plan of the premises, a revised application
7.2 Councillor Gordon was momentarily absent from the meeting when the hearing for the application began, therefore under Licensing Sub-Committee meeting procedures was excluded from any discussion about the Bull in a China Shop application.
7.3 Jonathan Smith, solicitor and representative for the applicant and premises licence holder, Stephen Chan, made his submission to the meeting by giving a brief overview of the asian-influenced eatery and bar. Mr Smith referred to the revised plan of the premises showing the areas now sought for permission for the consumption of alcohol, being the red area to the front of the premises and green to the rear. Mr Smith explained that the revised application excluded the “yellow area” and amended the terminal hours for the use of the “red” and “green” areas. The front area had been amended because it was on the public highway on the pavement.
The outside shown edged green, being the enclosed courtyard to the rear of the premises can be used by customers up until 21:30 for the consumption of alcohol and food. After 21:30, only persons smoking (and limited to no more than 5 in total outside the premises in any outside area) shall be permitted. Committee members noted that the area immediately outside to the front of the premises and edged in red on the plan, could be used by customers up until 19:00 for the consumption of alcohol and food. After 19:00, only persons smoking (and limited to no more than five in total outside the premises in any outside area) shall be permitted.
7.4 Mr Smith explained that the premises had been given a number Temporary Event Notices (TENs) between June 2017 and May 2018. Mr Smith also explained that he and his client had invited those local residents who had raised objections to the application to a meeting on the 23rd April 2018 but none had attended. Addressing directly the objections raised, Mr Smith explained that no licensable activities would take place outside and no food or drink would be served in the area nearest to the railway. Mr Smith explained that no residents had raised objections to the TENs that had been held. In a response to a question from sub-committee members, Mr Smith confirmed that it was tabled meals served in the inside and outside areas. Mr Smith re-iterated, in response to objections raised by local residents; that those residents had been invited to a meeting in late April to address those issues but none attended. Mr Smith reminded the attendees that the responsible authorities had withdrawn their representations following agreement with Mr Chan. Mr Smith pointed out that some of the objections appeared to have used the same wording and he explained to sub-committee members that the premises was not licensed to play music outside. There would be 40 diners sat having tabled meals. Mr Smith re-iterated that his client had made every effort to engage with local residents to address the issues they had raised.
7.5 In a response to question from Councillor Smyth, Mr Smith replied that any objections previously raised by local resident’s objections about use of the outside area had now been addressed. There was no alcohol or music allowed outside. Mr Smith added that the incident that occurred on Curtain Road, as referred to in one local resident’s objections, was not relevant to this application. Mr Smith’s client acknowledged local resident’s concerns but Mr Chan had been active in engaging with responsible authorities as well as the local residents themselves and no objections had been reported into the TENs that had been held.
7.6 On the issue of LP15, Mr Smith explained that this application would not have a cumulative impact. There were 40 people dining on the premises spread over but contained with the confines of the premises.
7.7 Mr Smith began his summary by reminding the licensing sub-committee members that the responsible authorities (Environmental Protection, Licensing and the Police) had withdrawn their submissions following agreement with is client. Mr Smith re-iterated that no objections had been raised to the TENs that had taken place and no residents had attended a meeting arranged by his client on 23rd April 2018. Mr Smith added that three of the objections appeared to be duplications and no evidence had been provided against the application. Mr Smith also re-iterated that there would no recorded music outside.
7.8 The legal officer, Mr Butta Singh, reminded the applicant that they would need to apply for a table and chairs licence for permission to place tables and chairs outside the front of the premises on the public highway.
Supporting documents:
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