Agenda item

The Licensing Officer reported that the applicant had agreed to the suggested conditions on page 79. However, he noted that condition 14, which related to the closure of doors and windows at the premises at all times when recorded music was being played and during trading hours, was not necessary since the premises would be operating a buzzer entry system.   A copy of a further letter (dated “12 September 2013” (sic)) from one of the persons who had made a representation was passed around to Members, outlining concerns on opening hours, the area covered by the licence and security.  The Police representative stated that the Police had made no representations against this application. He commented that the inclusion of a buzzer entry system to the premises, which formed part of one of the objections to the application, had probably been suggested by the Police, as a mitigating factor to noise from the operation of the shutters and to keep noise to the residents at a minimum.

The applicant stated that there was no buzzer to gain entry to the premises, rather an entry system, so there would be no additional noise caused to local residents. In addition, the shutter to the entrance was inside and electrical, so noise would be reduced.

In response to questions from the Sub-Committee, the applicant said that she had not liaised directly with local residents about the application, although she had spoken to the managing agent for the building.

The applicant stated that, although the application was to permit the sale of alcohol off the premises from 09:00 hours to 23:00 hours from Monday to Sunday, the expected operating schedule would be 10:00  hours to 22:00 hours, and the requested hours were mainly to give some leeway on wine tasting events. In response to a question, the applicant confirmed that there were no restrictions on planning.

Members of the Sub-Committee left the room at 7.25pm to deliberate before returning at 7.32pm to announce their decision.

RESOLVED:

That the application for a new premises licence in respect of the premises Borough Wines, 63 Exmouth Market, EC1R 4QL, be granted, to permit the premises to sell alcohol for consumption off the premises from 09:00 to 23:00 on Monday to Sunday, subject to the following conditions:

The conditions outlined in appendix 3 and detailed on page 79 of the agenda, with the following amendments/additions: the addition of conditions 2-9 from the Noise Team on page 72

REASONS FOR DECISION

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

This was an application for a new premises licence for the sale of alcohol for consumption off the premises from 09:00 hours to 23.00 hours, Monday to Sunday.

The business intended to sell fine wines, craft beers and boutique spirits to a specific clientele. Wine tastings were also planned for the premises from time to time.

A representation was made by the Noise Team and two written representations were received from residents, who did not attend the hearing. The Noise Team submitted recommended conditions, which were agreed to by the applicant.

The Sub-Committee considered the fact that the premises were in a cumulative impact area and that there was accordingly a rebuttable presumption that applications for new premises licences that were likely to add to the cumulative impact will normally be refused, unless the 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 was satisfied that the Operational Schedule provided by the applicant demonstrated that the planned business would not add to the cumulative impact and adversely impact on the licensing objectives. 

The Sub-Committee accordingly decided to grant the application for a new premises licence in respect of the premises Borough Wines, 63 Exmouth Market, EC1R 4QL to permit the premises to sell alcohol for consumption off the premises from 09:00 to 23:00 on Monday to Sunday.