Agenda item

The Licensing Officer reported one update to the Sub Committee, that one representation had been withdrawn.

The Licensing Officer also informed the Sub Committee that this was a new application which if granted would supersede the existing licence, and that officers were working to get the existing licence surrendered.

The Licensing Authority, in their verbal representation to the Sub Committee, made note that the existing licence had longer, overall, operating hours than that requested in the new application put forward before the Sub Committee. If granted of which the overall operating hours would be reduced, although weekend hours would still be two hours over policy.

The Licensing Authority also put forward concerns regarding noise, and suggested a condition that all deliveries to the premises should be by non-motor vehicles such as e-Bikes and scooters.

The Police, in their verbal representation to the Sub Committee, made note that the premises initially came to their attention due to an incident under the previous operators. The current operators engaged well with the Police, to which the Police encouraged them to obtain either the current licence by way of a transfer, or a new premises licence entirely. The Police highlighted that the current operators (the applicant) had accepted their recommendations and generally made a good impression, but their objection was primarily regarding the failure of the applicant to obtain the old licence from the previous operator, and that if the licence was granted, would constitute another premises in the area that would be operating outside of framework area. The Police did, however, make clear to the Sub Committee that they were pleased the new licence applied for, will have enforceable conditions on it.

The applicant, in their verbal representation to the Sub Committee, highlighted that they had been at the premises for a number of years with no issues regarding customers and/or delivery drivers since the business started, and that when there was, they engaged with the Police immediately. The applicant stressed that the business was their living, and that they take pride in customer service and the quality of their products, and always trying to improve their service.

There were no interested parties, residential or business, in attendance at the hearing to raise verbal objections to the Sub Committee.

In summing up, the Licensing Authority highlighted that should the new licence be granted there would be fewer operating hours during the week than currently permitted, and through the conditions on the new licence, the local authority would have greater powers to enforce.

In summing up, the Police highlighted that then they visited the applicant, they discussed the proposed conditions, and was assured by the applicant that it could be abided by. The Police also went on to state that the premises was quite small, and thus the number of patrons on the premises at any given time, would also be small in number.

In summing up, the applicant stressed to the Sub Committee that they already try to alleviate crowding concerns at their premises by closing the seating area, making their servings takeaway only after a certain time in addition to restricting the menu to quickly servable items only.

RESOLVED:

That the application for a new premises licence in respect of Naar, 94 Old Street, EC1V 9AY, be granted to allow:-

1)         To allow the provision of late-night refreshment from 23:00 until 00:00 Sunday to Thursday and from 23:00 until 03:00 Friday and Saturday.

2)         To allow the opening hours of the premises to be from 11:00 until 00:00 Sunday to Thursday and from 11:00 until 03:00 Friday and Saturday

Conditions detailed on pages 50 to 51 of the agenda shall be applied to the licence with the following amendments:-

·         Condition 10 to read. The licensee shall ensure that no internal combustion engine vehicles be used for deliveries from the premises.

·         Condition 11 to read. The licensee shall ensure that drivers do not park or loiter in the vicinity of residential premises.

·         Condition 12 to be deleted.

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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

The licensable activities and times applied for in the application were to provide late night refreshment on the premises from 11pm to 3am on Fridays and Saturdays and from 11pm to midnight on Sundays through to Thursdays.

The Sub-Committee heard oral representations from the licensing authority and the police as well as from the Applicant.

The Sub-Committee noted that there is an existing premises licence for the premises with longer permitted hours of trading and very few conditions attached. Consent has not been obtained to transfer that licence.

The Licensing Authority stated at it no longer had objections to the hours of operation but was concerned about the noise nuisance that could be created by the delivery drivers at the premises.

The Police informed the Sub-Committee that the current owner of the business had co-operated with the police in relation to this application. The Police representative stated that he was agreeable to the application being granted with the agreed conditions and that it was an improvement on the existing licence.

The Applicant stated that his business was a small one and would manage to comply with the agreed and any further imposed conditions.

The Sub-Committee was satisfied that the granting of the license subject to the agreed conditions and the added conditions referred to in the decision in relation to delivery drivers was proportionate and reasonable in order to promote the licensing objectives and that the presumption in relation to the cumulative impact area had been rebutted.