Agenda item

The Licensing Officer informed the Sub Committee that the correct opening hours were as per the front page of the report in the agenda, rather than the hours listed in the application form; the discrepancy was due to the hours being changed after the applicant had discussed with the Police.

In their verbal representation to the Sub Committee, the interested party stressed that the area in and around the Triangle Estate had suffered from a lot of alcohol-related anti-social behaviour, and that the number of establishments in the area, had contributed to high instances of noise, public urination and vomiting.  The interested party cited the number of other representations that had been made regarding this application as evidence of local concern regarding anti-social behaviour. The interested party also outlined that they felt another alcohol-licensed premises in the vicinity would worsen the problem of anti-social behaviour, and that permitting the use of the outdoor space late on Fridays and Saturdays would result in increased smoke and noise. The interested party also stated that there was the possibility of noise emanating from inside the premises itself, that the increase in trading hours were significant and that there appeared to be a lack of kitchen facilities on-site.

In response to the Interested Party’s representation, the Licensing Officer informed the Sub Committee that the interested party had made several points that were not in their formal submission, therefore neither the applicant or the Sub Committee would have had an opportunity to consider or verify this. 

In their verbal representation to the Sub Committee, the applicant stated that they had unfortunately been unable to meet objectors in person. The applicant also went to state that they were not aiming to create a pub, but a welcoming atmosphere that was quieter than neighbouring establishments, in which they could offer such things as wine and coffee tasting. The applicant stated that their clientele is primarily from nearby universities, and that while they have not encountered any issues yet, they were aware of issues in surrounding areas. Don’t think there will be an issue. There are lots of off licences and pub, target is not creating a pub. The applicant stated that they share the same concerns as residents regarding public urination and highlighted that they permit the public use of their toilets free of charge to help with the problem. The applicant also made note that they didn’t believe that there would be noise from their premises, and that they were trying to be part of the local area, and not a hindrance to it.

In response to questions from the Sub Committee, the applicant informed the meeting that they operate as a coffee shop, with an outside area that had very limited seating. The applicant stated that each day they have approximately 40-45 customers, but rarely any higher, and the profile of their customers were not revellers or disruptive, but quieter and well-mannered.

In response to questions from the Sub Committee, the applicant clarified that the main form of alcohol they intend to trade with the new licence would be wine and gin, with the possibility  of draft beer; either of which would only be served with a substantial meal.

In summing up, the interested party made the points that the local area suffered with alcohol-related anti-social behaviour, noise generation from other premises, and requested that the Sub Committee took this into consideration, in addition to the proximity of the premises to residential dwellings and arrangements for food preparation.

In summing up, the applicant clarified that they have different station areas that enabled them to prepare food, and they had previously turned down offers to enlargen the premises into a restaurant and/or bar. The applicant stated that they were trying to be a local business that fitted into the community.

RESOLVED:

That the application for a new premises licence in respect of Jimmy and the Bee, 135 Goswell Road, EC1V 7JY, be granted to allow:-

1)          To allow the on-sales of alcohol from 10:00 until 22:30 Sunday to Thursday and from 10:00 until 23:30 Friday and Saturday.

2)          To allow the opening hours of the premises to be from 07:00 until 23:00 Sunday to Thursday and from 07:00 until 00:00 Friday and Saturday.

Conditions detailed on pages 78 to 80 of the agenda shall be applied to the licence, with the additional condition:-

·       That the outdoor tables are rendered unusable after 10pm and that there is no outside drinking from 10pm.

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 licensable activities applied for was the on sales of alcohol from 10am until 10.30pm Sunday to Thursday and from 10am until 11.30pm Fridays and Saturdays.

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.

No oral submissions were presented by the Responsible Authorities. The Sub-Committee noted that the Noise Team and the Police had agreed conditions with the Applicant.

The Sub-Committee noted and considered the oral submissions from the resident that was present. His concerns were anti- social behaviour, the hours of trading and the noise that could be generated by the outside tables especially late at night.

The Sub-Committee carefully considered the oral representations made by the Applicants and were satisfied with their operating schedule.

The Sub-Committee considered that the hours requested for the licensable activities were within the framework hours of the council’s policy (Licensing Policy 6).

The Sub-Committee concluded that the granting of the licence with the said conditions would promote the licensing objectives. 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.