Agenda item

The Sub-Committee noted the supporting documents supplied by the applicant which would be interleaved with the agenda papers.

The noise officer reported that the noise conditions on page 29 of the agenda had been agreed with an additional condition that tables and chairs would not be placed outside the premises until 08:00 am.

The applicant reported that licensing hours would cease at 10:30 pm Monday to Saturday and at 10:00 pm on Sunday.  It was reported that the concept of the business was to sell healthy food with alcohol as a small part of the business.  There were to be 40 covers inside the premises with 20 covers outside.  The outside space was not to be used after 9pm.  It was noted that this was a cumulative impact area but the licence was for earlier hours than for three nearby premises.  It was reported that the application fell within the exceptions detailed in the licensing policy and it was unlikely to add to the cumulative impact with the concept and hours.

In response to questions, it was noted that the applicant would accept a Challenge 25 condition, a member of management would monitor the outside area and staff could not start serving alcohol unless trained at selling.  The Sub-Committee noted that there would be greater safeguards with the grant of the licence as there would be conditions that would need to be complied with. The applicant offered no off sales after 9pm.

In summary the applicant reported that there had been no representation from the police and that conditions had been agreed with the noise team.  Alcohol sales would be minimal.  Hours applied for were shorter than those detailed in licensing policy 8.  The premises was unlikely to add to the cumulative impact.

RESOLVED

a) That the new premises licence in respect of Leon, Unit 2, Zinc House, 19-25 Cowcross Street, EC1 be granted to sell alcohol for consumption on the premises from 10:00 to 22:30 on Monday to Saturday and from 12:00 to 22:00 on Sunday and consumption off the premises from 10:00 to 21:00 on all days of the week.  All in respect of the ground floor only.

b) Conditions as outlined in appendix 3 as detailed on page 29 of the agenda shall be applied to the licence, subject to the following amendments and additions.

·                     Tables and chairs will not be placed outside until 08:00 am

·                     The premises shall operate a Challenge 25 scheme.

·                     Condition 17 to read. Doors and windows to the premises will be kept closed after 21:00 hours except for ingress and egress.

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 002.  The premises fall under the Bunhill and Clerkenwell cumulative impact area.  Licensing policy 002 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 noted that the conditions proposed by the Noise Team had been agreed by the applicant, and that a further condition relating to tables and chairs outside the premises before 8am had been offered.  The Sub-Committee further noted that, following concerns expressed regarding the impact of off sales, the applicant was prepared to accept that there be no off sales from the premises after 9pm.  The applicant also offered to change the time for on sales on Sundays, so that on sales would end at 10pm.

The Sub-Committee heard evidence that the premises would be a food led business selling fast, healthy, fresh food, and that across the company’s other premises alcohol sales only made up less than 1% of sales.  The premises were small, with only 40 covers inside and a further 20 covers outside.  The Sub-Committee noted that the hours sought fell within the suggested opening hours as set out in Licensing Policy 8.

The Sub-Committee heard evidence on how the premises would tackle possible public nuisance caused by a further licence in the area.  The applicant stated that there was unlikely to be nuisance caused by the premises due to the size of the premises, the fact that alcohol sales are minimal and due to the type of customer the premises was likely to attract. 

The Sub-Committee concluded that the grant of the licence with conditions would not add to the cumulative impact and would promote the licensing objectives.  The Sub-Committee noted that after 9pm the premises would have only 40 covers and that the hours sought are within those detailed in licensing policy 8.  The Sub-Committee noted that in granting the licence it was possible to regulate the outside area with conditions.