Skip to content

Agenda item

Lost Rivers Cafe, 122 Old Street, EC1M 9RD - New premises licence

Minutes:

The licensing officer reported that the conditions on page 137 were detailed in conditions 4-18 at appendix 3 of the report.  There would be no use of the courtyard by the customers as this was for the exclusive use of the students.  A condition could be applied to prevent drinking outside the premises. Off sales would be in sealed containers. 

 

The licensing authority was concerned that the proposed hours were in excess of the licensing policy suggested hours for a bar.  The cumulative impact policy had not been dealt with in the application and the nature of the business was not clear. The applicant confirmed that the capacity would be for a maximum of 150 people. Layout plans were tabled at the meeting and would be interleaved with the agenda papers. A fire risk assessment would also be required.

 

A local resident stated that the cumulative impact policy placed the burden of proof on the applicant that the premises would not add to the cumulative impact.  The area was already saturated with licensed premises with intoxicated people and anti-social behaviour problems.  He stated that this was not a café but was a bar that would operate seven days a week until 1am on Fridays and Saturdays.  The applicant managed other late night venues. If the premises were a café why would the proposals be for a 1am licence, with more conditions than a restaurant licence and proposing extra security on Friday and Saturday.  The applicant emphasised good links with public transport and as a late night venue would attract customers from outside the area.  There was an emphasis on a considerable bar and music at the venue and it could not fail to add to the cumulative impact.  If this was an application for a café or restaurant there would be no vertical drinking and hours proposed would be reasonable.  He stated that this type of premises was the reason that the cumulative impact policy had been brought in to protect residents. He did not consider that the conditions would help.  The grant of the licence would add a large number of people to the street and would impact considerably on the area.

 

The applicant stated that each site they had was different.  This premises was to be a high end café which sold craft ales.  The applicant reported that they would remove the live music element of the application.  The ground floor would hold from 25 to 30 people vertically drinking.  The food was good quality and was not cheap.  The space was not appropriate for live music.  Regarding the cumulative impact, customers would leave as the last trains departed and would filter out.  Most customers would leave via the back door.

 

In response to questions it was noted that above the premises was high end student accommodation.  Rents were high and this was a high end fit out. Late hours were requested in order to have the opportunity to fit in two food sittings on Friday and Saturday.  There would be supervision of the smoking area and customers would be prevented from taking drinks outside.  Drinks were priced at a level where it was not expected there would be problems from anti-social behaviour.  It was noted from the Lost Rivers brewery website regarding Canto Court that it was advertised as having a reasonably priced take away menu, known for its craft beers and music and was an all day and evening destination which was looking to bring in custom from both locals and city workers.  The applicant stated that trade at lunchtime would be from local customers but extra revenue was required.  There were 162 student bedrooms and students would not always eat at the premises.  Members raised concerns about the trade after 9pm and the applicant stated that the capacity was realistically expected to be in the region of 70 or 80 customers and not 150.  Upstairs was a seated area while there could be 20 – 30 people vertically drinking downstairs.  Safety of staff was a major concern and customers would not be served if they were likely to cause problems.  There was a very tight lease on the premises. It was noted that snacks could be consumed on the ground floor, not necessarily a full table meal.  Live music may be played prior to 11pm although there was no stage area.

 

In summary, the local resident stated that the hours did not need to be beyond 11pm.  If hours were later the venue would attract customers who had left other places. He considered that the applicant could not say that they would not add to the cumulative impact even if the hours were decreased.  He considered that if the licence was granted there should be no vertical drinking and it be granted until 11pm with usual restaurant conditions.  However, he stated that the application should be refused. He was concerned that it was proposed that security guards be employed on the premises, which was in line with conditions in a late night venue.  He considered that the premises should be in a more appropriate area where residents would not be disturbed.

 

The applicant stated that he considered that local people would be proud of this type or premises in the area.  He was happy to reduce the hours by 30 minutes.  They would lose the option of security guards if this would give the wrong visual image.  There was accommodation for 162 people above the premises so he considered that there would not be an impact on the area. 

 

RESOLVED

1) That the application for a new premises licence in respect of Lost Rivers Café, Ground Floor, 122 Old Street, EC1M 9RD be granted:-

a)           To supply alcohol for consumption on and off the premises from 11am until 11pm Sunday to Thursday and from 11am until midnight Friday and Saturday.

b)           That the provision of recorded music be refused.

c)           For the provision of late night refreshment 11pm to midnight on Friday and Saturday. 

d)           Opening hours to be:-  8am to 11.30 pm Sunday to Thursday and from 8am to half past midnight Friday and Saturday.   

 

2) Conditions detailed on pages 174 and 175 of the agenda shall be applied to the licence with the following condition.

·        No vertical drinking in the premises except for on the ground floor and limited to 30 people.

·        Condition 4 to read.  Consumption of alcohol outside the premises shall be prohibited at all times.

 

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 the maximum capacity for the venue was 150 but that the applicant indicated that the premises would generally operate with a capacity of 70 to 80. The premises were situated on the ground floor with student accommodation above and with no access to the adjacent courtyard. The Sub-Committee noted that the premises would be providing quality craft beer with a food offer. The applicant stated that their business would be to provide a venue for the students and locals although it was acknowledged that there would be other customers. At the hearing the applicant offered to withdraw the part of the application seeking provision of live music after 11pm.

 

The Sub-Committee noted that residents in the locality of the premises had experienced problems with intoxicated people and anti-social behaviour in the area.  The Sub-Committee noted that local residents were concerned that the premises would add to the Bunhill cumulative impact area. The Sub-Committee took into consideration Licensing Policy 2.  The premises fall within the Bunhillcumulative 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 Sub-Committee deliberated on whether the premises were likely to add to the cumulative impact.  The Sub-Committee considered the impact of the application in the Bunhill area in light of the style and characteristics of the venue.  The Sub-Committee noted that the venue was relatively small and that the specialist beer that would be on offer was expensive and of interest to a particular demographic of clientele. The Sub-Committee was reassured by the relatively small proposed number of covers.

 

The Sub-Committee was not satisfied that the licensing objectives would be promoted if the premises provided the licensable activities as sought in their application. However, the Sub-Committee was satisfied that if the premises operated in accordance with the core hours set out in licensing policy 8 that the licensing objectives would be promoted.  It was accepted by the Sub-Committee that the premises would bring increased footfall into the area but that by operating within the core hours and with the proposed conditions, the premises were unlikely to add to the cumulative impact on the licensing objectives.

 

The Sub-Committee considered that the conditions set out in Appendix 3, and the amended condition 4 and the additional condition restricting the numbers of vertical drinkers at any one time were appropriate and proportionate to the promotion of the licensing objectives.

 

The Sub-Committee also considered that it was appropriate and proportionate to refuse the application for the provision of recorded music from 11pm.  The applicant had already withdrawn the application for live music and the Sub-Committee’s decision was in line with this revised operational approach at the premises.  Furthermore, as the licensable activities and the hours of operation were to be reduced it was appropriate for music to cease at the venue at 11pm.

Supporting documents: