Agenda item

Application for a Premises Licence – Third Culture Deli,29 Broadway Market, Hackney, London E8 4PH 

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 for a premises licence has been partially 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 Friday  07:30 – 23:00 hours 

  Saturday    08:00 – 23:00 hours 

   Sunday  08:00  - 22:30 hours 

  Supply of Alcohol (on and off the premises):

   Monday to Saturday    12:00 – 22:30 hours 

  Sunday  12:00 – 22:00 hours

Amend condition 16 to read as follows:

“There shall be no open containers or drinks taken outside at any time save for persons seated in the external seating area”.

Amend condition 20 to read as follows:

  “There shall be no more than 4 persons using the designated smoking 

  area at the front of the premises after 22:00”.

And the following additional conditions: 

The external area to be closed at 22:00 and the tables and chairs to be rendered unusable.

The Applicant to submit to the Licensing Authority a revised site plan to include the external area.

Alcohol shall only be sold or supplied for consumption off the premises as part of a hamper basket.

The maximum number of persons allowed at the premises shall not exceed 16 persons, subject to the following maximum occupancies:

Inside the premises     - 10 persons

In the external area of the premises  - 6 persons

Reasons for the decision

The Application for a premises licence has been partially approved with the above amendments because members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined. 

The Sub-committee took into consideration that the Responsible Authorities (Environmental Protection Team, Environmental Enforcement, the Licensing Authority and the Metropolitan Police Service) had withdrawn their representations, and agreed conditions with the Applicant in advance of the hearing.

The Sub-committee took into account that Other Persons (local residents) objected to the Application due to concerns about the lack of details about the operation of the premises, concerns about off-sales and the impact this will have on the area. The local residents also raised concerns about the number of premises in the area and their concerns that this will be a bar for on and off sales. The Sub-committee took into account representations from local residents that customers would cause a public nuisance in the form of anti-social behaviour, crime and disorder, drinking in the street and in London Fields Park. The Sub-committee also took into consideration the concerns of local residents that the premises is close to a residential area which would create noise nuisance and have a negative impact on the quality of life of families and local residents in the area. 

The Sub-committee heard representations from the Applicant that the premises provided high quality vegan food and groceries during the day and in the evening vegan food and wine and low level music. The Applicant contended that this was not a busy cafe, and their neighbours are their regular customers. The Sub-committee heard that the Applicant works and lives in the area and wanted to operate premises responsibly as a community oriented business. The Sub-committee heard that the Applicant intends to operate the premises differently to the previous premises where their staff will be monitoring noise levels, and the premises will have signs to remind customers that it is a residential area and to respect local residents.

The Sub-committee took into account that it is a food led premises, where alcohol will be served ancillary to food, and offering a fine dining experience to seated customers. The Sub-committee felt that the conditions agreed with the Responsible Authorities would help the premises operate responsibly, and to prevent public nuisance in the area late at night.

The Sub-committee felt that it is a small premises with an outside area, there is limited capacity both inside and outside the premises, and the proposed hours for alcohol sales on and off the premises (for hamper baskets only) and with opening hours ending at 22.30 would not undermine the licensing objectives.

The Sub-committee felt that the Applicant needed to demonstrate over a period of time that they can operate the premises responsibility and not cause nuisance or disturbance to local residents.

Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this premises licence, the licensing objectives would not be undermined.

Public Informative

The Applicant is encouraged to continue working with local residents to prevent any public nuisance or negative impact in the area.

Your right to appeal

If you are aggrieved by any term, condition or restriction attached to this decision, you have the right to appeal to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days of the date you receive this written decision.