Agenda item

The licensing officer reported that an update from the applicant had been forwarded to the objector but no response had been received.

Osgur Ay, licensing agent, supported by the applicant, Mr Kosiqi, spoke in support of the application.  She reported that Mr Kosiqi had worked at another restaurant since 2002. In response to concerns from the resident she reported that the application was for a food and not alcohol led premises.  There would be no vertical drinking.  There was no outside seating but if there was in the future, seating would be removed by 8pm as conditioned.  The capacity inside was for a maximum of 50 patrons.

In response to questions it was noted that there would be no more than 20 diners outside on seating, although there were no proposals for the use of the outside at the moment and details were not included in the plans submitted with the application.  It was noted that residents who had objected to a previous application had been contacted by the applicant through the licensing officer.  It was accepted by the applicant that smokers be limited to four people.  The applicant reported that it was proposed to use a canopy for smokers.  There would be adequate staff and all would be trained in licensing matters. 

In summary it was reported that the applicant had been renovating the premises over the past six months and wanted to fit in with the community.

RESOLVED:

1) That the application for a new premises licence in respect of Mediterranean Restaurant, 131-133 Central Street, EC1 be granted to permit the supply of alcohol for consumption on the premises from 11:00 to 22:30 on Monday to Saturday.

2)  That the opening hours of the premises be from 11:00 hours to 23:00 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.

A written representation had been received by a resident. The Sub-Committee took the submission into consideration. It also noted that most of the issues of concern raised by the resident had been taken into consideration by the applicant. The applicant sent a written response to the resident. The Licensing Officer informed the Sub-Committee that no response had been received by the resident. The resident did not attend the hearing.

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 special policy is however not absolute. The circumstances of each application will be considered on its merits and the Licensing Authority shall permit licences that are unlikely to add to the cumulative impact on the licensing objectives.

The Sub-Committee noted that this was to be a restaurant where alcohol would be ancillary to food. There was to be no vertical drinking allowed inside the premises and 50 was expected to be the maximum number of covers. The applicant agreed to a condition limiting the number of smokers outside the premises to four. 

The hours requested fell within the guideline hours as detailed in licensing policy 8.

The Sub-Committee noted that no representations had been made by the Licensing Authority, the Police or the noise team.

The Sub-Committee accordingly granted the application.