Agenda item

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 to vary a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy with the following

amendments:-

·  Sales of alcohol for consumption off the premises are limited to the following:

i)  sales for delivery via third party online platforms for meal delivery, and

ii)  direct off-sales only to diners in the restaurant who may wish to purchase alcohol to take home after they have eaten their   meal.

And alcohol sales for consumption off the premises shall cease at 23:45 hours every day.

• Condition 16 of the licence to be amended and read as follows: 

  “Alcohol shall not be sold, supplied, or consumed on the premises   otherwise than to persons who are taking substantial table meals and   that the consumption of alcohol by such persons is ancillary to taking   such meals. The supply of alcohol shall be by waiter or waitress   service only”. 

And the following additional conditions:

·  Notices shall be prominently displayed at any area used for smoking, requesting patrons to respect the needs of local residents and use the area quietly. 

• Alcohol consumed outside the premises shall only be consumed by patrons seated at tables.
• Maximum of 4 people are allowed to use the outside of the premises including the seated area for smoking at any one time.

Reasons for the decision

The application to vary the premises licence to add limited alcohol off sales has been approved, as members of the Licensing sub-committee were satisfied that the licensing objectives would not be undermined within the Shoreditch Special Policy Area (SPA).

The sub-committee noted that Environmental Protection had agreed conditions

with the applicant during the consultation period, therefore, they had no representations.

The sub-committee also took into consideration the representations made by the Responsible Authority (Metropolitan Police Service), and their concerns about alcohol sales after 23:00 hours, and the impact on the SPA. The premises is located in the Shoreditch SPA and therefore it is subject to policy LP10. However, the sub-committee felt that the case to limit deliveries to 23:00 hours was not strong enough.

The applicant is an experienced and responsible operator who has two premises in the borough, and they are working to ensure they comply with and uphold the four licensing objectives. The applicant does not intend to have an off-licence selling alcohol to customers off the street. The applicant intends to offer alcohol off sales with a meal to be consumed responsibly at home by regular customers or through online deliveries made by a third party platform. The applicant felt that the addition of alcohol off sales will not add to the Cumulative Impact in Shoreditch SPA because they have trained staff and procedures in place to monitor customers in the restaurant consuming alcohol with their meal. The applicant will not sell alcohol to drunk people. The drivers of the online delivery platform also have procedures in place to check the identification and age of customers purchasing alcohol with their meal. 

The sub-committee felt that with the limitations created by the new condition, off sales would not add to the Cumulative Impact in the Shoreditch SPA. The sub-committee also felt that permitting these limited off sales to follow the premises existing hours for alcohol sales (ending at 23.45) would not threaten the licensing objectives in the Shoreditch SPA.

Having taken all of the above factors into consideration the sub-committee were satisfied, that by granting this variation to the premises licence, the licensing objectives would continue to be promoted within the Shoreditch SPA.