Agenda item

The Sub-Committee noted the operating schedule that had been circulated and would be interleaved with the agenda papers.  The hours had been reduced from the original application.

The licensing authority reported that there had not been enough detail included in the original application.  In response to questions, the applicant reported that the restaurant would be on the ground floor with approximately 45 covers.  Customers would be seated only and would be served alcohol with meals only.

A local resident spoke against the application.  He reported that the premises was in a cumulative impact area and as Whitecross Street was narrow, small noise levels could be heard. He could hear every word from smokers on the street. He was concerned that the granting of the application would also disturb the weekend that was currently quiet.  He stated that the cumulative impact policy placed the burden on the applicant and he could not see how the applicant could rebut the presumption.  The conditions proposed were typical of licensed premises and were not exceptional.  This was an application for a new premises licence for a premises where there was no existing licence.  The applicant had originally made an application for a bar and in his view there was not adequate protection that this would not be a bar in the future.  He was not given confidence that the granting of the licence would not add to the cumulative impact.

The applicant. Robert Campese, stated that the police had proposed conditions to allow no vertical drinking and in order that alcohol could only be served to customers seated and taking a meal.  The restaurant would not be opening on Sunday.  He had reduced hours to 11pm.  There would be no late night deliveries.  The business would be mainly focussed Monday to Fridays.  There would be no drinking outside the premises.  He would be selling wine and beer and not cheap alcohol.  He lived locally and would not wish to add to problems in the area.  He would operate Challenge 25 and would not want to add to the cumulative impact area.

In response to questions, the Sub-Committee noted that there would be 10 tables on the ground floor. He intended to operate on Mondays to Fridays from 12 noon to 11 pm and on Saturdays from 6 pm to 11 pm.  He did not intend to open on Sundays at the present time.  Alcohol was not the main focus of the business as it was food driven.  The premises had been left empty for four years and a restaurant would be better for the area. He was expecting to have a couple of lunchtime turnovers but only one in the evening.  He expected this from his experience in the area. The downstairs basement area would be used for storage and the kitchen was also in this area.  He stated he would be happy to have a restriction on the numbers of smokers outside to allow 4 or 5 customers. 

The licensing authority raised concerns regarding the extractor fan and Mr Campese undertook to consider the position of the extractor fan.

RESOLVED:

1)  The Sub-Committee have decided to grant the application for a new premises licence in respect of 90 Old Street, EC1

a)  To supply alcohol for consumption on the premises on the ground floor only from 12:00 to 22:00 hours on Monday to Friday and 18:00 to 22:00 hours on Saturday.

b)    The opening hours of the premises shall be from 11:00 to 22:30 Monday to Saturday.

b) The following conditions shall apply to the licence:

Conditions as outlined in appendix 3 as detailed on pages 118 and 119 of the agenda with the following amendments:-

·         Condition 17 to read.  Customers shall only smoke in Old Street and smokers shall be limited to four people.

·         Condition 18 to read. Noise, smell or vibration shall not emanate from the premises so as to cause a nuisance to residents of nearby properties.

·         Additional condition.  Prominent, clear and legible notices must be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

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.  The premises fall under the Bunhill and Clerkenwell cumulative 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.

The Sub-Committee had noted that the applicant had agreed conditions with the police, noise and trading standards.  The applicant had reduced the hours for the supply of alcohol and removed recorded music and late night refreshment from the application following consultation with the noise team. The applicant had experience of running licensed premises in the location. The Sub-Committee further reduced the hours to support the prevention of undue noise disturbance. The Sub-Committee modified proposed conditions in relation to smokers outside and to take account of representations relating to potential nuisance to  neighbours.

The Sub-Committee further noted that the application was for a restaurant where alcohol would be served with a table meal and no vertical drinking would take place.  The application was for a small restaurant within the description of licensing policy 2, paragraph 6 and with the addition of appropriate conditions would not add to the cumulative effect in the area.

The Sub-Committee considered licensing policies 1 and 2 regarding the cumulative impact and framework hours.