Agenda item

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.

 

The Sub-committee also took into account that the premises had an existing licence since February 2017.

 

 

 

 

 

The Sub-committee heard submissions from the Applicant’s legal representative that the premises is well run and has a good trading history for the last 6 years, and that there had been no issue with the stairs from the Fire Service. The Sub-committee noted that the Police had visited the premises, and the premises has three tables outside that are licensed by the Council.

 

 

The Sub-committee heard submissions from the Applicant’s legal representative that there was no evidence of crime and disorder.

 

After considering all the representations made by the Responsible Authorities (the Police and the Licensing Authority and the Applicant’s legal representative the Sub-committee was satisfied that the premises was a food led establishment, and they felt it was necessary, and proportionate for alcohol to be served to seated customers with food from the menu, that food must be available at all times, and no vertical drinking or standing shall be permitted at the bar.

 

 

The Late Night Refreshment was removed from the application because the hours of licensable activity were reduced.

 

 

The Sub-committee felt it was necessary for the licence holder to carry out both an assessment of noise pollution, and a Fire Risk assessment to address noise and capacity concerns, and to carry out any related works to ensure the premises is operating responsibly. The Sub-committee also felt that the roof terrace of the premises should operate in accordance with the permitted hours given under the Planning Permission.

 

 

When making their decision the Sub-committee took into consideration that each application is considered on its own merits.

 

 

Having taken all of the above factors into consideration,the Licensing Sub-committee was satisfied that the application could be approved and the licensing objectives would be promoted.

 

Public Informative

 

The licence holder on issue of the new premises licence will surrender their existing premises licence.