Agenda item

The licensing officer reported that representation 4 in the report had been withdrawn.

The licensing authority reported that her concerns had been dealt with.  This was a food led venue with an under 50 capacity.  She requested that there be a 30 minute drinking up time included in conditions.

The applicants stated that the application was for a food led restaurant.  Conditions put forward by the police and noise officer had been agreed.  Off sales were restricted to customers with a take away meal or to customers finishing up their meal.

In response to questions it was noted that this was a premises licence variation.  Alcohol would be sold with a meal or a take away.  The hours would be the same as currently.  There would be a maximum of two tables, 4 covers outside as there was a loading bay directly outside and space was restricted.

The applicant stated that they hoped to join pubwatch or similar organisation.

RESOLVED that

The application for a premises licence variation in respect of Jubo Ltd, 50 Exmouth Market, EC1R 4QE be granted.

a)       To approve internal alterations at the premises by removing the bar server and relocating it to the front of the premises.

b)     To allow the sale of alcohol for consumption off the premises 10:00 to midnight on Monday to Saturday and 12:00 to 23:30 on Sundays.

c)     To remove conditions 2 and 3 of the current premises licence.

i)       Conditions of the current premises licence shall be applied to the licence subject to the removal of conditions 2 and 3.

ii)      Conditions as outlined in appendix 4 as detailed on page 226 of the agenda with the following additions shall be applied to the licence.

·        There shall be a 30 minute drinking up time.

·        Alcohol shall only be sold or supplied with a table meal or a take away meal.

·        Smokers outside the premises shall be limited to a maximum of 5 persons.

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The Sub-Committee noted that one representation had been withdrawn.  The licensing authority stated that concerns had now been addressed and it was satisfied that the premises was a food led venue.

The Sub-Committee heard evidence from the applicant that the premises was not a public house and that alcohol would be ancillary to a meal, whether in the restaurant or with a take away meal. There was a loading bay outside which restricted the capacity for tables and chairs.  There was room for only 2 tables with 4 covers and there would be no standing room. 

In accordance with Licensing Policy 7, the Sub-Committee noted the cumulative impact that the proliferation of late night venues and retailers in the borough is having on the promotion of the licensing objectives.

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 premises licence variations 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 concluded that with the additional conditions and taking into account the applicant’s representations and the operating schedule, the premises would not add to the cumulative impact on any of the licensing policy objectives in the area.