Agenda item

The licensing officer introduced the applicant and applicant’s representative. She stated that three resident representations had been made but no residents were in attendance. Conditions had been agreed with the noise team and the police.

The applicant’s representative stated that the premises would be operating as a café. The off licence was being sought to cover deliveries and takeaways and alcohol would only be sold for consumption off the premises with a food order.

In response to a concern raised in one of the resident representations about the premises being open until 11pm, the applicant’s representative stated that several premises in the area were open until 11pm or later and in the City of London there were few places open in the evening for residents.

In response to questions from members, the applicant’s representative confirmed that alcohol would only be delivered with a food order and measures such as a training manual, alcohol not being sold without food and a refusals book would be in place. Delivery companies would only be used if they had procedures and policies in place for dealing with deliveries of alcohol.

DECISION

1)       That a new premises licence in respect of The Black Olive, 5 Charterhouse Buildings, Goswell Road, EC1M 7AN be granted to allow:

a)     the sale of alcohol, on and off the premises, Monday to Sunday from 9am until 11pm.

b)     the playing of recorded music, Monday to Sunday, from 9am to 11pm

c)     the premises to be open to the public, Monday to Sunday from 7am to 11pm.

2)       That conditions detailed on pages 36 to 39 of the agenda 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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

The Sub-Committee took into consideration Licensing Policy 4.  The Council has adopted a special policy relating to cumulative impact in relation to shops and other premises selling alcohol for consumption off the premises.  Licensing policy 4 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 or subject to certain limitations, following the receipt of representations, unless the applicant can demonstrate in the operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Three local resident objections had been received. The sub-committee noted that conditions had been agreed with the noise team and the police.

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

The Sub-Committee heard evidence that the premises would be operating as a café and that the off licence was sought to cover deliveries and takeaways and that alcohol would only be sold with a food order for consumption off the premises.

The Sub-Committee noted the concerns of residents in respect of street drinking and late night noise but was satisfied that with the conditions agreed by the applicant, especially the conditions in respect of deliveries, the premises would not add to the cumulative impact in the area.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6.  The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not add to the cumulative impact.

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