Agenda item

The Sub-Committee noted correspondence between the applicant and interested parties which would be interleaved with the agenda papers.

The licensing officer stated that there had been five resident objections and not all nine residents mentioned in a statement from the Clerkenwell Green Preservation Society had sent in objections.

There were no interested parties present at the meeting.

The applicant stated that this was a variation of an existing licence.  There was no increase in hours or the addition of licensable activities.  The application was for alterations to the layout of the premises and late night activities were not required.  The applicant was sensitive to cumulative impact and a total of 13 conditions had now been submitted.  The layout was for a restaurant. The bar had been removed and a small range of alcohol would be sold, 5 beers/ciders and 10 wines, which would be kept behind the servery.  There was to be a reduction in hours and regulated entertainment removed from the licence. Objections had been received from the Clerkenwell Green Preservation Society where residents were based in a more residential area.  These premises were near Farringdon Station in a primarily commercial area and none of the residents in this area had raised objections. There were to be 81 covers maximum on the two floors.

Recent applications in the area had triggered the cumulative impact policy.  This application was for a variation.  The Home Office guidance was clear at paragraph 13.38 which stated that special policies could not be used to justify rejecting applications to vary an existing licence except where the modifications were directly relevant to the policy and this application would not give rise to the cumulative impact.

The applicant asked that the Sub-Committee grant the licence having regard for the policy.

In response to questions it was noted that the variation plan covered the same footprint of the previous premises but with a different layout.

RESOLVED

a)   that the premises licence variation in respect of Nando’s, 99-100 Turnmill Street, EC1 be granted:-

i)       To permit the sale by retail of alcohol for consumption on the premises from 11:00 to 23:00 Sundays to Thursdays and from 11:00 until midnight on Fridays and Saturdays.

ii)      To allow late night refreshment from 23:00 to midnight on Friday and Saturday.

iii)    To allow permitted opening hours from 09:00 to 23:30 Sunday to Thursday and 09:00 to 00:30 on Friday and Saturday.

iv)    The removal of the provision for regulated entertainment from the licence.

v)     An amendment to the authorised plan attached to the licence.

vi)    An amendment to the current conditions attached to Annex 2 and Annex 3 of the premises licence.

b)       Conditions 1-13, as tabled at the meeting shall be applied to the licence.

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 2 and the Home office guidance, paragraph 13.38 which stated that special policies cannot be used to justify rejecting an application to vary an existing licence except where those modifications are directly relevant to the policy and are strictly appropriate for the promotion of the licensing objectives.

Although the premises fall under the Bunhill and Clerkenwell cumulative impact area, the Sub-Committee considered that the application for variation of the premises licence was not likely to add to the existing cumulative impact of the area and no further modification of conditions was appropriate for the promotion of the licensing objectives.