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Agenda item

Ceru, 9-13 Cowcross Street, EC1M 6DR - New premises licence

Minutes:

The licensing officer reported that conditions detailed in Appendix 3 had been agreed. There was one resident present at the meeting.

 

The local resident spoke against the application. She stated that, although she had always supported regeneration, there had been in increase in the late night openings of nightclubs and bars.  Cowcross Yard was a dark yard where some people gathered. There was loud music and aggressive behaviour. She did not see anything in the application regarding safety and avoiding public nuisance. There was a risk that people would gather in the yard and patrons from the premises would flood out onto the street.  The entrance into Cowcross Yard was not lit and she considered that patrons would continue onto after parties with shouting and loud music. She considered that CCTV and lighting at the rear of the premises would help avoid issues. She also asked that delivery vehicles turn their van engines off on the Cowcross Yard side.

 

In response to questions, it was noted that there had not been much interaction with the applicant as there had been scaffolding outside the property. There had been squatters in the premises and basement parties had been held so residents were concerned. The music from Fabric was loud. Patrons sat in the seated area. Community policing would help the situation.

 

The applicant’s representative stated that they wanted to make the area better and invested in the restaurant. CCTV and lighting at the rear was agreed, although they had some concerns regarding other residents thoughts regarding the lighting. He stated that the majority of issues related to Fabric. This was a restaurant and alcohol was ancillary. The amendments made by the police and noise team were agreed. He considered that the presence of a restaurant would act as a deterrent. This was a local restaurant which would not attract a young crowd. There were robust conditions on CCTV, signage, refuse collection and deliveries and a direct telephone number was offered. The restaurant was small with 59 covers and sat below framework hours on Fridays and Saturdays. The applicant stated that his two other premises had residents living above and they had become part of the neighbourhood. They would light up the area as much as they were able. Deliveries were made by their own staff and not by third parties. Deliveries took place between 8.30am and 11am. For refuse collections they used Islington Council. The restaurants attracted nearly two thirds of women to their restaurants and mainly 40-65 year olds. They were sensitive to their neighbours.

 

In response to questions, they assessed their patrons demographics through their online booking system and when they visited their restaurants. They set ourselves out as a female friendly brand. He had been at South Kensington for 8 years and Queensway for nearly three. They were concerned about female safety, not only for patrons but also for staff. They did not take bookings after 9 or 9.30pm.  They staggered bookings so dispersal was also staggered. We encouraged customers to have a full meal and would not wish customers to just drink at tables. In response to a question about New Years Eve, the application for this date was formally withdrawn.

 

In summary, the resident wished for prevention and considered that another restaurant would further aggravate the situation. She would want the CCTV and lighting at the rear.

 

The applicant’s representative confirmed that the suggested conditions regarding the CCTV and lighting was agreed. The police and noise team conditions were accepted and these were outlined to prevent public nuisance.

 

RESOLVED

1)    That the application for a new premises licence in respect of Ceru, 9-13 Cowcross Street, EC1M 6D be granted to allow:-

 

a)    The sale of alcohol on and off the premises from 10am until 11pm Sunday to Thursday and Friday and Saturday from 10am to 11.30pm;

 

b)    Late night refreshment from 11pm until 11.30pm

 

c)     Until 11.30pm on Sundays immediately before Bank Holiday Mondays.

 

d)    Opening hours from 9am until 11.30pm Sunday to Thursday and from 9am until midnight Friday and Saturday.

 

2)    Conditions detailed on pages 155 to 158 of the agenda shall be applied to the licence with the following additions:-

 

·       That CCTV be placed at the rear of the premises before and after hours.

 

·       Lighting be installed at the rear but the type of lighting be determined upon consultation with the Executive Member of Community Safety for consideration.

 

REASONS FOR DECISION

The resident confirmed that she had been a resident of Clerkenwell for 30 years and that there has been a rise in late openings and pubs. She stated that Cowcross Yard has been increasingly a dark yard. Her concern was about prevention than objection. The resident didn’t see anything regarding safety or avoiding nuisance. There was nothing to prevent people gathering on Cowcross Yard before and after hours.

 

The Committee asked about the residents’ experience locally with the business as well as whether there are any interactions with the business. The resident confirmed that the previous businesses led to illegal raves being held at the premises.

 

The applicant agreed that they were concerned about the surrounding areas. The lighting and the CCTV points could be agreed. For clarity, they would be happy to have CCTV to the rear. The lighting could be on permanently if the neighbours were happy with that.

 

The majority of the objection related to the nightclub Fabric and how the restaurant would operate. Noting that the premises must operate as a restaurant and alcohol was ancillary. They confirmed that the conditions agreed by the Met and Noise were agreed.

 

The Applicant stated that the customers that would attend were local and this would serve as a deterrent for the nuisance occurring currently, such as public urination.

 

The restaurant was confirmed to have 59 covers. The back would have wheelchair access. The deliveries would take place between 8:30 – 11:30am.  62% of clients were women. The insights were gleaned from online booking systems and being physically in the restaurant.

 

Following enquiries on dispersal policies, the applicant confirmed that they staggered bookings so that people arrived and left at different times and that they did not want the later opening hours on New Year’s Eve.

The Sub-Committee having listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having considered the Licensing Act 2003, as amended, and its regulations, the Home Office revised guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy.

 

The Sub-Committee took into consideration Licensing Policies 2 & 3. The premises fall within the Clerkenwell 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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

 

The Committee noted that the applicant adopted conditions suggested by the Police and Islington Council’s Environmental Health Officer in relation to their Operating Schedule.

 

The Sub-Committee noted that the hours sought were within the hours specified in Licensing Policy 6.

 

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6.

 

The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives

 

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