Agenda item

The licensing officer reported that this was a shadow licence application. The applicant’s representative had written to all objectors setting out the purpose of the application which could be found at page 191-192 of the agenda.  Three responses had been received from interested parties which stated that they wished their objections to remain.

The applicant’s representative stated that the applicant was the landlord.  An application had been made for a duplicate premises licence which would remain dormant, the purpose of which was set out on pages 191/192 of the agenda.  This protected the position for the landlord and preserved the status quo in these uncertain times.  Eleven objections had been received from residents, the landlord had no involvement with the current operator.  Whilst the landlord had sympathy with their concerns it would be more appropriate for objectors to initiate a review against the current operator.  The Sub-Committee were invited to grant the licence.

RESOLVED

1)     That the application for a shadow premises licence, in respect of McQueen,55-61 Tabernacle Street, EC2 4AA, be granted to allow:-

a)        The sale of alcohol, on and off supplies, Monday to Wednesday from 10am until 1am, Thursday to Saturday from 10am until 2am and on Sunday from 12 noon until midnight.

b)        Live music, Monday to Wednesday from 9am to 1am, Thursday to Saturday from 9am to 2am and Sunday from 9am to midnight.

c)        Recorded music Monday to Sunday 24 hours.

d)        Performance of Dance, Monday to Thursday from 9am to 1am, Friday to Saturday from 9am to 2am and Sunday from 9am to midnight.

e)         Late night refreshment Monday to Wednesday from 11pm to 1.30am, Thursday to Saturday from 11pm to 2.30 am and Sunday from 11pm to half past midnight.

2)           That conditions detailed on pages 195 to 197 of the agenda shall be applied to the licence.

REASONS FOR DECISION

This meeting was facilitated by Zoom.

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. However, a Shadow Licence remains dormant while the current premises licence is extant.  There is no negative cumulative impact on any of the licensing objectives and the status quo is preserved.

Eleven local resident objections had been received. None of the objectors were in attendance at the meeting.  There had been no representations made by the responsible authorities.

The Sub-Committee noted the letter sent by the applicants’ solicitor, as detailed on pages 191/192 of the agenda which explained the situation. The applicant was the landlord of the premises and had no involvement with the current operation at the premises. The local residents had expressed concern with the way the current licence holder was managing the premises. The proper forum for hearing their complaints would be a review hearing against the current premises licence holder.

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