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Agenda item

Panzo Pizza, 50 Exmouth Market, London, EC1R 4QE - Premises licence variation

Minutes:

The licensing officer reported that the premises was in a cumulative impact area and conditions detailed on page 81 would be added to the licence.

 

In response to questions, the Sub-Committee noted that the area to be used was the raised paved area only and that the permission granted by Greenspace was until 5pm only. The hours for the sale of alcohol would remain the same. 

 

The noise officer reported that she was not aware of the contract with Greenspace.  She had proposed conditions and the applicant would need to renegotiate hours with  Greenspace if they needed to use the area after 5pm. The premises were close to residential accommodation so conditions were proposed to prevent noise nuisance.

 

The manager agreed with the noise conditions but would prefer customers to remain outside until 9pm in order that customers could arrive for 7.30pm.  They would only use the area in the summer as they would not be using heaters. There would not be any loud music played and they would just be selling pizzas. 

 

In response to questions it was noted that the park closed at 5pm. The area was cordoned off with a rope so people who were not customers would not be able to use the area. The manager stated he had not been involved in the discussions with Greenspace.  The contract expired at the end of November and this licence would allow the applicant to use the space next summer.  This was the first year they had used the outside space at the rear.  There was no space at the front of the restaurant.  He would prefer if customers could be allowed to remain outside until 9pm.

 

The noise officer stated that she suggested that the conditions as she had proposed and these included that the rear outside area be cleared of all customers by 8.30pm.

 

RESOLVED

1)       That the application for a premises licence variation, in respect of Panto Pizza, 50 Exmouth Market, London, EC1R 4QE be granted to allow:-

 

a)     An extension of opening hours from 7am to half past midnight, Mondays to Saturdays and between 9am and midnight on Sundays.

b)     An amendment of the licensed area to include a garden area at the rear of the premises, within Spa Fields Park.

 

2)       That conditions detailed on page 81 of the agenda be applied to the licence.

 

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

 

The Sub-Committee took into consideration Licensing Policy 1 and 2 and Home Office guidance paragraphs 14:20, 14:30 and 14:36.  The premises fall within the Clerkenwellcumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.  Home Office guidance paragraph 14 states that a special policy should never be absolute and should always allow for the circumstances of each application to be considered properly and for applications unlikely to add to the cumulative impact on the licensing objectives to be granted. 

 

Licensing policy 18 stated that the licensing authority is committed to protecting the amenity of residents and business in the vicinity of licensed premises and would impose appropriate restrictions on the licence to support the prevention of undue noise disturbance. The use of the terrace would be restricted by the hours set out in the proposed conditions suggested by the Noise officer and also that the terrace would only operate (subject to agreement from Greenspace in any event) during the summer months as there were no plans to put heating on the terrace. The area would be cordoned off by a rope and customers would have to partake of a meal. Street drinkers would not be encouraged.

 

The Sub-Committee considered that the rebuttable presumption was engaged but was satisfied that the operating schedule together with the additional conditions imposed suggested by the noise officer would avoid any potential problems and it was appropriate and proportionate to the licensing objectives and in the public interest that the licence should be granted.

 

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