Agenda item

The noise officer reported that she was concerned about the noise from deliveries.  Complaints were already received about the noise from motorbikes during the day and she was concerned that noise in the evening would further disturb residents.  She also reported that a resident had asked for a condition that the bi-fold doors be closed at 9.30pm.

The applicant’s representative reported that the applicant had operated a delivery service for two years.  There would not be an increase in traffic as it was already used as a take away for food and this was an application for off sales of alcohol with the delivery of food.  Drivers would be trained and there would be no deliveries to public places. Tables and chairs would be cleared away by 10pm and doors were closed at this time.

In response to questions it was noted that the condition to be removed was duplicated in the licence and referred to deliveries to the premises.  It was stated that deliveries from the premises were usually made by non-motorised vehicles and the applicant would ask for non-motorised vehicles but was not able to guarantee that this would be the case.  The applicant would agree to reduced hours for deliveries if this was required by the Sub-Committee.  Challenge 25 would be used at the point of taking the order and by the delivery company at the door. The applicant stated that he would prefer to close the doors at 10pm as this was the same time as the tables and chairs were cleared away.

In summary, the noise officer stated that it would be preferable to use pedal cycles for customers.  The applicant’s representative stated that the applicant would try to arrange this if possible but this could not be guaranteed.

RESOLVED

1)       That the application for a premises licence variation, in respect of Iskele, 179-181 Whitecross Street, EC1V 8QP, be granted to allow:-

a)     The supply of alcohol, for consumption on and off the premises from 12:00 noon until 23:30 hours Monday to Sunday.

b)     Annex 3, condition 7 be removed from the licence as this is a duplication.

2)       That conditions outlined in appendix 3 and detailed on pages 33 and 34 of the agenda shall be applied to the licence with the following amendments:-

·        Condition 29 to read.  The applicant shall use their best endeavours to ensure that deliveries shall be made by non-motorised transport such as pedal cycles or electric vehicles only.

·        Condition 30 to read.  The bi-fold windows and doors shall be closed, save for entrance and egress after 22:00 hours.

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 2 and the home office guidance at paragraph 14.30.  The premises fall within the Bunhill cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for variations to 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. 

The Sub-Committee noted that deliveries of food were already taking place and could continue with or without an off sale licence so the negative impact of noise nuisance would not be greatly increased and could be alleviated by a suitable condition about the type of vehicle used for deliveries as suggested by the noise officer. The licensing objective, the protection of children from harm was likely to be affected by off licence sales by delivery but a suitable condition could be imposed to ensure that there was no negative impact. The Sub-Committee was impressed by the awareness of the problem shown by the applicant and the research they had carried out into the training of suitable delivery drivers. 

Two local resident objections had been received. One resident had suggested that the bi-fold doors should be closed at 9.30pm. Representations had been made by the police and trading standards and conditions had been agreed with the applicant.  A representation had been made by the noise team and the noise team had suggested that deliveries should be made by non-motorised or electric vehicles. 

The Sub-Committee heard evidence from the applicant that the tables and chairs were cleared at 10pm and so would prefer the doors to be closed at 10pm rather than 9.30pm.  They would ask their delivery company to use non-motorised or electric transport but were concerned that this could not be guaranteed.  The Sub-Committee therefore added this condition but subject to their ‘best endeavours’.

The Sub-Committee noted that there was a condition that adequate arrangements would be put in place to ensure that alcohol sales age verification requirements would be met at the point of sale and at delivery to customers. As, had been pointed out to the applicant, the sale of alcohol to underage persons would result in a review of their licence. The Sub-Committee considered that this was appropriate to promote the licensing objective of protection of children from harm.

The Sub-Committee concluded that granting the application, within the core hours and with the proposed conditions, would not adversely impact on the cumulative area or otherwise impact adversely on the promotion of the licensing objectives.