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; and

·  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 proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

Condition 30 will be amended as follows:

" There shall be a maximum of 16 seated customers in the outside area. Use of the outside seated area shall cease by 21:00 each day".

And the following condition:

·  After 21:00 each day Monday to Sunday tables and chairs in the outside area shall be rendered unusable.

Reasons for the decision

The application for the supply of alcohol on and off the premises has been approved in the Shoreditch Special Policy Area (Shoreditch SPA).

The Sub-committee took into consideration that the Metropolitan Police Service (“the Police”) and the Environmental Enforcement Team agreed conditions in advance of the hearing with the Applicant and withdrew their representations.

The Sub-committee took into consideration the representations made by the Licensing Authority that the premises is located in the Shoreditch SPA therefore it is subject to policy LP10. This area has been identified as suffering from negative cumulative impact as a result of the high concentration of licensed premises in the area.

The Sub-committee took into consideration the written objections raised by Other Persons (local residents) regarding the negative impact this premises will have on local residents, and families with children who live close to the premises.

The Sub-committee heard the Applicant’s representations that they are a neighbourhood coffee shop. The Applicant confirmed that the premises had been open for six months before the pandemic which changed the business to a deli.

The Sub-committee heard that during the pandemic the Applicant adapted their business and responded to their customers' needs. The Applicant wanted to pair the local alcohol with the food offering. The Sub-committee took into account that from

7 am the premises operate as a coffee shop until 11 am and from 11 am to onwards alcohol will be available. The Sub-committee heard that the Applicant did not want the premises to become a bar. It is a food led business. The Sub-committee took into consideration that the Applicant agreed with the Police to amend condition 30 that  only 16 people will be seated in the outside area at the premises. The Applicant contended that it will be a low-key premises rather than a bar.

The Sub-committee heard representations from the Applicant that off-sales will be  served to customers sat at the tables outside and to serve customers bottles of wine. The Sub-committee took into account that beer, lager, ales or spirits will not be sold as off-sales. The Sub-committee noted that six CCTV cameras covered the entire venue. The Sub-committee heard that the Applicant felt that they were supported by the local residents and neighbours in the area and they are a community based and community lead premises.

The Sub-committee takes each application on its own merits and they cannot take into account economic factors such as exceptional reasons to grant an application in the Shoreditch SPA.

After hearing from the Applicant, the Licensing Authority and Other Persons (local resident), the Sub-committee was satisfied the Applicant has proposed a reasonable development of an existing business, and they have not undermined the licensing objectives given the issues about noise.  The Sub-committee did not feel there was sufficient evidence relating to noise nuisance.

The Sub-committee were satisfied that the Applicant demonstrated that they will not add to the cumulative impact in the Shoreditch SPA.

The Sub-committee took into consideration the representations made by the local residents objecting to the application, and wanted to restrict outside drinking to

21:00 each day to reduce the impact on local residents.

Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied, when granting this application for a premises licence, that the licensing objectives would not be undermined in the Shoreditch SPA.

Public Informative

1. The premises licence holder is encouraged to work with the local

residents to deal with and prevent any issues arising relating to noise nuisance.

2. The premises licence holder is encouraged to work with the Metropolitan Police Service to prevent any negative impact in the area.