Agenda item

A local resident spoke against the application.  He raised concerns about the cumulative impact of the licence, particularly regarding the late hours of opening. He stated that he would have no objection if the hour for the sale of alcohol was reduced to 10.30pm during the week.  He also raised concerns regarding hours on Sundays as other local premises were not open on this day and this was the one night that was quiet.   He asked that the premises close at 10.30 pm on a Sunday or preferably in the afternoon and open for lunch only.  He did not consider that there needed to be another licensed premises in the area and was concerned about the number of covers which he said would be 50 or more.

In response to questions the local resident stated that he had known the applicant for over ten years and believed he was a fit and proper person to manage the business but considered that an earlier closing time would be preferable.  It was noted that there was a small pub that was quite far away but the nearest pub was very large but was not open on a Sunday.

The applicant’s representative stated that he would modify the application for the sale of alcohol to end at 10.30pm with a closing time of 11pm Monday to Sunday.  The applicant managed a number of premises and had been a licence holder for 13 years.  Proposed conditions 17 and 18 addressed resident concerns and ensured that alcohol would only be served with a table meal.  The applicant would be the designated premises supervisor and the application proposed comprehensive conditions.  There would be about 35-40 covers. The application fell within the framework hours detailed in the licensing policy, fell within the exceptions to the Bunhill cumulative impact policy and complied with licensing policy 2.  The applicant’s representative also advised that the Home Office guidance be considered when making the decision.

In response to questions it was noted that there would be no delivery service.  The nature of the business was not expected to change although it was the intention to serve burgers in the evening and alcohol would be sold with those meals.  The premises were open until 4.30pm currently but with alcohol these hours would be extended.  The applicant modified the application for Sunday and reduced the hour for the sale of alcohol to 9.30 pm. 

In summary, the local resident stated that it would not want the hours to be too long and on Sundays the area was very quiet with only one public house open.  Tables and chairs were near to a residential area and could cause disturbance.  He welcomed the reduction in hours on a Sunday but would prefer the closing hour to be earlier. The applicant advised that the closing time on Sunday was proposed to be 10pm and stated that this was not a precedent as all cases would be considered on their merits.

RESOLVED

1)     That the application for a new premises licence, in respect of Elite Café, 187 Whitecross Street, EC1V 8QP be granted to allow:-

a)    The sale by retail of alcohol, on supplies only, from 10 am until 10:30 pm Monday to Saturday and on Sundays from 10 am until 9pm.

b)    The premises to be open to the public from 6am to 11pm Monday to Saturdays and from 6am to 9.30pm on Sunday.

2)     That conditions detailed on pages 35 and 36 of the agenda 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 Policies 2 & 3.  The premises fall within the Bunhill 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 operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Six local resident objections had been received.  There had been no representations made by the responsible authorities. Conditions had been agreed with the Noise Team.

One resident made oral submissions at the hearing and requested the hours applied for be reduced to 10.30pm for last sales and to 11pm for closure.

The applicant agreed to this at the hearing and went further by amending the application such that the time for last sales would be 9.30pm and closure at 10pm on a Sunday.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

The Sub-Committee concluded that the applications should be granted subject to the conditions set out in the application papers and agreed to with the Noise Team. In addition, the Sub-Committee concluded that last sales should be at 9pm and closing time be at 9.30pm on a Sunday.