Agenda item

 

7.1  The sub-committee heard from the Principal Licensing Officer and the applicant’s Legal Counsel. During the course of submissions and a discussion of the application, the sub-committee noted the following:

 

·  The applicant’s Legal Counsel advised that the applicant was seeking to increase capacity to 325 persons from 200, which was below the permitted capacity of 500 persons, reducing the closing hours to 02.00 hours from 03.00 hours, reducing the use of the outside area to 22.00 hours from 23.00 hours, last entry at midnight, and that advance corporate bookings would be taken for events on the first floor. The  events had been included in the application as this enabled advance planning unlike TENs.

·  The business would employ approximately 65 staff mainly local and the minimum hours being sought would enable the business to be profitable and successful.

·  The applicant had received no complaints directly  related to his premises.

·  The Police’s representative indicated that they had held several meetings with the applicant  due to the number of incidents and crimes that had taken place close to the premises.

·  The Licensing Service’s representative stated that the applicant had not demonstrated that the proposals would not add to the cumulative impact within the Shoreditch Special Policy Area (SPA) and a rise in public nuisance.

·  The sub committee proposed reducing the capacity to 250 persons. The applicant’s Legal Counsel argued that the lower capacity would mean that the premises were operating at half capacity and that people inside the premises would not add to the cumulative impact.

·  The applicant’s Legal Counsel confirmed that the non- standard hours would be removed from the application.

·  The applicant’s Legal Counsel agreed to reduce the hours from Sunday to Wednesday to 00.30 from 01.30 hours but did not agree to reduce the capacity from 325  to 250  persons.

 

RESOLVED:

 

The decision

 

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing 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 approved to 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 hours for licensable activities, shall be, as agreed:

 

Films

 

Sunday to Wednesday   09:00 - 00:00

Thursday to Saturday   09:00 - 01:30

 

Live Music

 

Sunday to Wednesday   09:00 - 00:00

Thursday to Saturday   09:00 - 01:30

 

Recorded Music

 

Sunday to Wednesday   09:00 - 00:00

Thursday to Saturday   09:00 - 01:30

 

Performance of Dance

 

Sunday to Wednesday   09:00 - 00:00

Thursday to Saturday   09:00 - 01:30

 

Anything of a similar description

(to Live music, Recorded Music, Performance of Dance)

 

Sunday to Wednesday   09:00 - 00:00

Thursday to Saturday   09:00 - 01:30

 

Late Night Refreshment

 

Sunday to Wednesday   23:00 - 00:00

Thursday to Saturday   23:00 - 01:30

 

Supply of Alcohol (on-sales)

 

Sunday to Wednesday   09:00 - 00:00

Thursday to Saturday   09:00 - 01:30

 

Opening hours of the premises

 

Sunday to Wednesday   07:00 - 00:30

Thursday to Saturday   07:00 - 02:00

 

 

Non-standard hours will be removed from the licence.

 

Amend Condition 35 as follows:

 

·  “ The total capacity of the premises shall be limited, to no more than 300 patrons, at any one time excluding staff “.

 

And additional condition

 

·  Use of the outside area shall cease at 22:00

 

 

Reasons for the decision

 

The application for a premises licence has been approved, as members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined in the Shoreditch Special Policy Area (“Shoreditch SPA”)

 

The Sub-committee took into consideration that the Responsible Authorities (the Licensing Authority and the Metropolitan Police Service ("the Police") made representations on the grounds of crime and disorder and prevention of public nuisance. The Sub-committee noted no other Responsible Authorities made representations about the application, and no local residents objected to the application.

 

The Sub-committee took into consideration the representation made by the

Licensing Authority and the Police on the grounds of the prevention of public nuisance in the Shoreditch SPA and therefore it is subject to Policy LP10.

 

The Sub-committee heard representations from the Applicant’s legal representative that because of the premises specific location, the Light Bar did not adversely impact on the Shoreditch SPA because customers did not tend to disperse into the more sensitive areas covered by the SPA but, instead, exited the other way towards Liverpool Street Station and so away from the Shoreditch SPA.

 

The Sub-committee after hearing from the Applicant and the Licensing Authority and the Police were satisfied that the premises would not add to the cumulative impact in the area, and would not undermine the licensing objectives in the Shoreditch SPA.

 

The Sub-committee took into account that the Applicant agreed to further restrictions on the first floor for corporate events. 

 

The Sub-committee took into account that the Licensing Authority felt that the conditions and the reduced hours agreed by the Applicant alleviate their concerns about the premises; it was less likely to result in the licensing objectives being undermined.

 

The Sub-committee heard that the capacity will be reduced to 300 persons. The Applicant had demonstrated that they were an experienced operator with a proven track record, and they would be able to operate the premises responsibly.

 

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 in the Shoreditch SPA.

 

7.1 The sub-committee heard from the Principal Licensing Officer and the applicant’s Legal Counsel. During the course of submissions and a discussion of the application, the sub-committee noted the following:

 

·  The applicant’s Legal Counsel advised that the applicant was seeking to increase capacity to 325 persons from 200, which was below the permitted capacity of 500 persons, reducing the closing hours to 02.00 hours from 03.00 hours, reducing the use of the outside area to 22.00 hours from 23.00 hours, last entry at midnight, and that advance corporate bookings would be taken for events on the first floor. The  events had been included in the application as this enabled advance planning unlike TENs.

·  The business would employ approximately 65 staff mainly local and the minimum hours being sought would enable the business to be profitable and successful.

·  The applicant had received no complaints directly  related to his premises.

·  The Police’s representative indicated that they had held several meetings with the applicant  due to the number of incidents and crimes that had taken place close to the premises.

·  The Licensing Service’s representative stated that the applicant had not demonstrated that the proposals would not add to the cumulative impact within the Shoreditch Special Policy Area (SPA) and a rise in public nuisance.

·  The sub committee proposed reducing the capacity to 250 persons. The applicant’s Legal Counsel argued that the lower capacity would mean that the premises were operating at half capacity and that people inside the premises would not add to the cumulative impact.

·  The applicant’s Legal Counsel confirmed that the non- standard hours would be removed from the application.

·  The applicant’s Legal Counsel agreed to reduce the hours from Sunday to Wednesday to 00.30 from 01.30 hours but did not agree to reduce the capacity from 325  to 250  persons.

·  The responsible authorities emphasised that the premises were located within the Shoreditch SPA and that the proposed hours in addition to  the proposed increase in capacity would add to the negative cumulative impact in Shoreditch.

 

RESOLVED:

 

The decision

The Licensing Sub-Committee, in considering this decision from the information presented to

them within the report and at the hearing 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 approved to 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 hours for licensable activities, shall be, as agreed:

 

Films

Sunday to Wednesday 09:00 - 00:00

Thursday to Saturday 09:00 - 01:30

 

Live Music

 

Sunday to Wednesday 09:00 - 00:00

Thursday to Saturday 09:00 - 01:30

 

Recorded Music

 

Sunday to Wednesday 09:00 - 00:00

Thursday to Saturday 09:00 - 01:30

 

Performance of Dance

 

Sunday to Wednesday 09:00 - 00:00

Thursday to Saturday 09:00 - 01:30

 

Anything of a similar description

(to Live music, Recorded Music, Performance of Dance)

 

Sunday to Wednesday 09:00 - 00:00

Thursday to Saturday 09:00 - 01:30

 

Late Night Refreshment

 

Sunday to Wednesday 23:00 - 00:00

Thursday to Saturday 23:00 - 01:30

 

Supply of Alcohol (on-sales)

 

Sunday to Wednesday 09:00 - 00:00

Thursday to Saturday 09:00 - 01:30

 

Opening hours of the premises

 

Sunday to Wednesday 07:00 - 00:30

Thursday to Saturday 07:00 - 02:00

 

Non-standard hours will be removed from the licence.

 

Amend Condition 35 as follows:

 

• “ The total capacity of the premises shall be limited, to no more than 300 patrons, at any one time excluding staff “.

 

And additional condition

 

•   Use of the outside area shall cease at 22:00

 

Reasons for the decision

 

The application for a premises licence has been approved, as members of the Licensing Subcommittee were satisfied that the licensing objectives would not be undermined in the Shoreditch Special Policy Area (“Shoreditch SPA”)

 

The Sub-committee took into consideration that the Responsible Authorities (the Licensing Authority and the Metropolitan Police Service ("the Police") made representations on the grounds of crime and disorder and prevention of public nuisance. The Sub-committee noted no other Responsible Authorities made representations about the application, and no local

residents objected to the application.

 

The Sub-committee took into consideration the representation made by the

Licensing Authority and the Police on the grounds of the prevention of public nuisance in the Shoreditch SPA and therefore it is subject to Policy LP10.

 

The Sub-committee heard representations from the Applicant’s legal representative that because of the premises specific location, the Light Bar did not adversely impact on the Shoreditch SPA because customers did not tend to disperse into the more sensitive areas covered by the SPA but, instead, exited the other way towards Liverpool Street Station and so away from the Shoreditch SPA.

 

The Sub-committee after hearing from the Applicant and the Licensing Authority and the Police were satisfied that the premises would not add to the cumulative impact in the area, and would not undermine the licensing objectives in the Shoreditch SPA.

 

The Sub-committee took into account that the Applicant agreed to further restrictions on the first floor for corporate events.

 

The Sub-committee took into account that the Licensing Authority felt that the conditions and the reduced hours agreed by the Applicant alleviate their concerns about the premises; it was less likely to result in the licensing objectives being undermined.

 

The Sub-committee heard that the capacity will be reduced to 300 persons. The Applicant had demonstrated that they were an experienced operator with a proven track record, and they would be able to operate the premises responsibly.

 

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 in the

Shoreditch SPA.