Agenda item

8.1  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:

·  The applicant stated that the premises licence had been granted 28 years ago and they had been operating a specialist whiskey bar since 2016 without any complaints or issues.  The pandemic had resulted in them not trading for almost two years and significantly impacting on their business. 

·  The applicant confirmed that they offered hot and cold food with alcoholic drinks  and played background music. Tasting sessions would be offered to corporate clients and they would be permitted to take away the whiskey 200ml  or less bottles that they had blended during the session.

·  The Other Persons emphasised that Shoreditch had been suffering from the  cumulative impact resulting from the rise in licensed premises in the area and also expressed concern about the late closing hours and the potential rise in off sales, which would have a negative impact on the special policy area.

·  The Other Persons confirmed that she had not been directly affected by this particular premises. 

·  The applicant replied that he owned a long lease; this was a small premises and business, which was service led; the hours had been reduced to midnight on Wednesdays; the notices had been displayed for patrons to disperse quietly; and a tasting session would be held once a week mainly on Saturdays at 15.00 hours

·  Discussion ensued in respect of Conditions 35 and 37.  The sub committee noted that a dispersal policy was not necessary for this small premises with a capacity  of no more than 26 patrons with approximately 15 patrons expected daily.  The Licensing and Corporate Lawyer indicated that she would liaise with the applicant in relation to Condition 35 and whether it was necessary to revise the condition to include promotional drinking during special events.

·  The applicant clarified that the majority of the whiskey drinks would be sold with appetisers and a few bottles would be sold for off premises consumption after master classes.

·  The sub committee also noted the written representations from the Other 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 in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report.

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.

The Sub-committee took into consideration that the Responsible Authorities (the Environmental Protection Team, the Environmental Enforcement Team and the Metropolitan Police Service ("the Police")) agreed conditions with the Applicant in advance of the hearing and subsequently withdrew their representations. The Sub-committee noted no other Responsible Authorities made representations about the application. 

The Sub-committee took into consideration the representation made by 5 Other Persons (local residents). The Sub-committee took into account that  the local residents had concerns about the late hours applied for until 02:00, which they considered very late and would cause a disturbance. The Sub-committee noted that the local residents had not experienced anything like that previously, however, together with all the premises open after midnight the local residents had concerns about how the premises would operate in the future and with off-sales.

The Sub-committee noted that this was a mirror licence where recorded music would be played at ambient levels on a digital system, there would be no live music played.

The Sub-committee took into account that a dispersal policy was not necessary for this small premises with a maximum capacity  of 26 persons and an average of 15 patrons on the premises daily. The Applicant clarified that the majority of whiskey was sold with small plates or appetisers and a small number of bottles were sold for off premises consumption after the master classes.

The Sub-committee after hearing from the Applicant and the local residents were satisfied that it was a small premises that would not add to the cumulative impact in the area, and would not undermine the licensing objectives. The Sub-committee took into consideration that the premises were not in a special policy area, SIA door security was provided Thursday, Friday and Saturday, and the premises had a good track record.

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 Premises Licence holder is encouraged to continue working with the local

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

8.1 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:

·  The applicant stated that the premises licence had been granted 28 years ago and they had been operating a specialist whiskey bar since 2016 without any complaints or issues.  The pandemic had resulted in them not trading for almost two years and significantly impacting on their business. 

·  The applicant confirmed that they offered hot and cold food with alcoholic drinks  and played background music. Tasting sessions would be offered to corporate clients and they would be permitted to take away the whiskey 200ml  or less bottles that they had blended during the session.

·  The Other Persons emphasised that Shoreditch had been suffering from the  cumulative impact resulting from the rise in licensed premises in the area and also expressed concern about the late closing hours and the potential rise in off sales, which would have a negative impact on the special policy area.

·  The Other Persons confirmed that she had not been directly affected by this particular premises. 

·  The applicant replied that he owned a long lease; this was a small premises and business, which was service led; the hours had been reduced to midnight on Wednesdays; the notices had been displayed for patrons to disperse quietly; and a tasting session would be held once a week mainly on Saturdays at 15.00 hours

·  Discussion ensued in respect of Conditions 35 and 37.  The sub committee noted that a dispersal policy was not necessary for this small premises with a capacity  of no more than 26 patrons with approximately 15 patrons expected daily.  The Licensing and Corporate Lawyer indicated that she would liaise with the applicant in relation to Condition 35 and whether it was necessary to revise the condition to include promotional drinking during special events.

·  The applicant clarified that the majority of the whiskey drinks would be sold with appetisers and a few bottles would be sold for off premises consumption after master classes.

·  The sub committee also noted the written representations from the Other 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 in accordance with the Council’s Statement of Licensing and the  proposed conditions set out in paragraph 8.1 of the report.

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.

The Sub-committee took into consideration that the Responsible Authorities (the Environmental Protection Team, the Environmental Enforcement Team and the Metropolitan Police Service ("the Police")) agreed conditions with the Applicant in advance of the hearing and subsequently withdrew their representations. The Sub-committee noted no other Responsible Authorities made representations about the application. 

The Sub-committee took into consideration the representation made by 5 Other Persons (local residents). The Sub-committee took into account that  the local residents had concerns about the late hours applied for until 02:00, which they considered very late and would cause a disturbance. The Sub-committee noted that the local residents had not experienced anything like that previously, however, together with all the premises open after midnight the local residents had concerns about how the premises would operate in the future and with off-sales.

The Sub-committee noted that this was a mirror licence where recorded music would be played at ambient levels on a digital system, there would be no live music played.

The Sub-committee took into account that a dispersal policy was not necessary for this small premises with a maximum capacity  of 26 persons and an average of 15 patrons on the premises daily. The Applicant clarified that the majority of whiskey was sold with small plates or appetisers and a small number of bottles were sold for off premises consumption after the master classes.

The Sub-committee after hearing from the Applicant and the local residents were satisfied that it was a small premises that would not add to the cumulative impact in the area, and would not undermine the licensing objectives. The Sub-committee took into consideration that the premises were not in a special policy area, SIA door security was provided Thursday, Friday and Saturday, and the premises had a good track record.

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 Premises Licence holder is encouraged to continue working with the local residents to deal with any issues arising relating to noise nuisance.