Agenda item

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. The Sub-committee heard submissions from the licence holder that their landlord supported the use of 47 Broadway Market as a restaurant, and the expansion of 49 Broadway Market because of their good track record over the last 7 years. The Sub-committee heard that 47 Broadway Market was built for restaurant use and there was no change of use of the premises. The Sub-committee took into consideration that the licence holder responded to the complaints received and that he agreed to conditions to mitigate the variation and the circumstances.

The Sub-committee heard submissions from the licence holder that after 7 years they decided to expand their restaurant at 49 Broadway Market by expanding the site into the site next door at 47 Broadway Market. The licence holder contended that they had previously applied for 28 Temporary Events from January 2022 to April 2022, however, they only used 6 nights during that period between February - April 2022.

The Sub-committee heard that the Environmental Protection Team received a complaint about loud music from the premises on 8 April 2022. At the time the Temporary Events were used to test the operational use of the premises as a restaurant at 47 Broadway Market.

This also helped the licence holder identify what controls were needed for the future. The Sub-committee heard that the licence holder does not intend to have loud music or a DJ at the restaurant, and they identified noise issues including sound proofing and repairing of the ceiling to improve the sound absorption. The licence holder contended that at

49 Broadway Market they had never received any noise complaints from local residents above the premises.

The Sub-committee heard that the licence holder was working to ensure they comply with and uphold the four licensing objectives. The licence holder made representations that they did not intend to have an off-licence selling alcohol to customers off the street that would cause a public nuisance and this was replaced with on-sales to prevent a negative impact on the area late at night. The licence holder made submissions that the premises would not be a late night venue, and they did not intend to operate after 23:00. The Sub-committee heard that the premises closed early most days which would mean that local residents would not be disturbed late at night.

The Sub-committee felt that the Environmental Protection conditions would help to control noise emanating from the restaurant, and it was recognised that there was a need for sound proofing of the premises when 47 and 49 Broadway Market are joined together as one restaurant. It was noted that the change of the layout will not require Planning Permission. The Sub-committee heard that the layout of the premises will change at that point, and the licence holder was open to everyone including local residents about the future changes that will be carried out.

The Sub-committee also felt that the proposed hours for alcohol sales on the premises (ending at 22.30) would not threaten the licensing objectives.

The Sub-committee took into account that the licence holder had received advice from an acoustic specialist and they have plans to carry out sound proofing both inside and outside the premises to prevent noise nuisance, and disturbance to local residents.

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

Public Informative

The Licence holder is encouraged to continue working with the Environmental Protection Team to reduce noise nuisance, and prevent any negative impact in the area.