Agenda item

The licensing officer reported that the planning situation had been regularised.

A local resident raised concerns about licensed premises in the area relating to noise disturbance, and problems with parking. She thought that another premises would have an impact on the area.  

In response to questions the resident stated that noise disturbance started from about 9pm or 10pm and this premises was very close to where she lived.

The applicant’s representative stated that the premises would not have a negative impact on the area.  This would be a mixed use premises during the day and early evening.  Benugo was already in existence but there was to be a new trial to add a small selection of alcohol to the offer.  This had already been trialled in other outlets and alcohol sold was less than 5% of the offer.  There would be bottled beers and wine on the premises but the nature and character of the business would not change.  Conditions had been agreed with the police and the licensing authority.  The addition of an alcohol licence would offer flexibility.  He considered that this would meet the licensing objectives and addressed the cumulative impact policy.  This was a coffee shop that was reliant on footfall and not affected by parking.  The premises were not currently open on weekend evenings, although might in the future.  Hours could be reduced if considered necessary by the Sub-Committee. He requested that the licence be granted as agreed and considered that the premises would have a positive impact on the area.

In response to questions it was noted that spirits would not be sold initially but could be in future.  There would be no vertical drinking.

In summary, the resident stated that, although the applicant’s representative had stated that little alcohol would be sold, this was a different type of area and a small amount of alcohol sales could not be guaranteed.  She also considered that some people would still drive to cafes. The applicant’s representative stated that the Sub-Committee should attach weight to the fact that there had been no objections by the responsible authorities and conditions with the police and the licensing authority had been agreed.

RESOLVED

1)     That the application for a new premises licence, in respect of Benugo, 116 St John Street, EC1V 4JS be granted to allow:-

a)    The sale of alcohol, on and off supplies, from 10am until 9pm Monday to Saturday and from 12 noon until 9pm on Sunday; 

b)    Opening hours to be:-  7am until 11pm Monday to Saturday and from 7am until 10.30 pm on Sunday.

2)  That conditions detailed on pages 78 and 79 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 Policies 2 & 3.  The premises fall within the Bunhill cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Four local resident objections had been received.  There had been no representations made by the responsible authorities. The interested party raised concern about patrons coming into the area by car and parking.  The Sub-Committee noted that the customers to the premises would arrive by foot and therefore the licensing objective to prevent public nuisance would be promoted.

The Sub-Committee noted from the interested party representation that the impact of noise nuisance on residents from licensed premises in the vicinity began from 9pm. The Sub-Committee also noted that the applicant had proposed to residents in their letter of the 5 November 2018, that they would be prepared to revise their application so that the sale of alcohol ceased at 9pm each day.

The Sub-Committee concluded that the restriction of the sale of alcohol to end at 9pm was reasonable and proportionate particularly as this termination hour had been proposed by the applicant. The Sub-Committee concluded that the application was an exception to the Bunhill Cumulative Impact Policy in that it provided mixed use premises that would encourage people to stay in the area after work.  The hours of operation were within framework hours and the applicant would promote high standards of management. The Sub-Committee was satisfied that, in granting this application, there would be no negative cumulative impact on the licensing objectives.