Agenda item

The licensing officer informed the Sub-Committee that conditions had been agreed with the police and the applicant.  Plans that had been submitted included toilets for the customers. The plan and the conditions agreed with the police were tabled and would be interleaved with the agenda papers.

The police reported that conditions had been agreed with the applicant and they had therefore withdrawn their representation.

The licensing authority spoke against the application as detailed in the representation.  She raised concerns that the premises would be used as a bar between the hours of 12 and 9pm and that the 8am start time for the sale of alcohol needed consideration in view of the late night economy in the area. She also considered that there were health and safety issues regarding the premises and that they would need to be approved by building control. There were concerns regarding the capacity of the premises.

Robert Sutherland, solicitor and the applicant Juno Ahearne spoke in support of the application.  The Sub-Committee were informed that the start time for the sale of alcohol had been revised to be Monday to Thursday, 10:00 am, Friday, 9am and Saturday and Sunday 8am.  Alcohol would be ancillary to food at this time. Between the hours of 12 noon and 9pm the premises would operate as a restaurant and would be food led. There was concern that a restriction to having a plated meal during this time would mean that a group of people would come to the premises and if one did not eat the licence would be breached.  It was asked to allow this flexibility during the quieter hours of 12 noon and 21:00 hours.  It would remain food led.  Although the applicant requested 9pm the Sub-Committee could give 8pm or the time they considered appropriate.  A building control condition was not a problem.  There were 54 covers on the plan but if the numbers were crucial to the Sub-Committee these could be limited to 50 persons. Door supervisors would be present Thursdays to Saturdays from 9pm until half an hour after close. 

In response to concerns regarding the start time of 8am on Saturday/Sunday morning in that sensitive location it was noted that the applicant had spent time in Detroit and wished to serve a high end version of their hot dog throughout the day.  The applicant stated he would like to serve drinks at this time but the time  would not be a deal breaker.  He would like to serve alcohol to customers at the end of a hard week. He had extra expense with the door supervisors and the CCTV.  He loved the premises and was hoping to create a legacy.  He was looking to sell to local trade and would not sell alcohol to people when drunk.  A start time was not contrary to policy and the numbers in the restaurant were small and seated.  If the Sub-Committee was not persuaded the solicitor asked them to impose the hour they would be comfortable with.

In response to questions the applicant reported that a dispersal policy had not been included as it was a food led premises and patrons would gradually leave the premises as they would in a restaurant.  There was no issue regarding the noise as the premises were underground and residents were more likely to be affected by traffic noise.  The premises was likely to be in existence for only 12 months due to TfL redesign work to the station. 

In response to concerns raised that, for the majority of hours, it was intended that the premises would sell alcohol without food because one person in a group might want a drink, the applicant stated that his intention was to develop a meeting hub and where customers wanted a drink from 4- 6pm they would want that option.  They had concerns that by refusing one customer in a group they would lose the whole group of customers.  It was requested that the restaurant condition be relaxed between the hours of noon and 9pm.

In summary the licensing authority reported that she was in favour of a food led venue and the applicant reported that their food offering was for a high end of market hot dog.

RESOLVED that

a) The new premises licence in respect of Detroiters, Old Street Station, EC1be granted to permit:-

i)       The supply of alcohol for consumption on the premises from 10:00 to 23:00 on Monday to Thursday, 09:00 to 23:00 Friday and Saturday and 09:00 to 22:30 on Sunday;

ii)      Late night refreshment 23:00 to 23:45 Friday to Sunday.

iii)    Opening hours of the premises from 08:00 to 11:30 Mondays to Thursdays, midnight Fridays and Saturdays and 11 pm on Sunday.

b) Conditions as outlined in appendix 3 as detailed on page 124 of the agenda with the following amendments shall be applied to the licence.

Condition 1 to be deleted.

Condition 5 to be replaced with a CCTV condition as tabled at the meeting.

Condition 11 to read. The premises shall operate as a restaurant and alcohol shall only be sold to persons who have purchased a tabled meal and consumption will be ancillary to the consumption of the meal on the premises.

Condition 15 to read. The capacity of the premises shall not exceed 50 people.

Conditions 2-4 as tabled at the meeting, from the licensing officer, 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 Policy 2 and Home Office Guidance paragraph 13.29.  The premises fall under the Bunhill and Clerkenwell cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, or be subject to certain limitations, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

The Sub-Committee were concerned about the hours of commencement and also that for the majority of the day, alcohol could be served without food in this sensitive location with a number of clubs and bars where there was a prospect that people would migrate from closing bars and clubs in the early hours of the morning.

The Sub-Committee recognised that the applicant had expressed willingness to accept any conditions that the Sub-Committee considered appropriate.

The Sub-Committee heard that the reason for requesting the sale of alcohol without food was that might be members of a group sitting at a table who did not want to eat as well as drink. The Sub-Committee was not satisfied that the application and the proposed conditions rebutted the presumption that there would be likely to add to the cumulative impact on the licensing objectives of crime and disorder and public nuisance.  However, appropriate conditions would be effective in preventing these problems, including a later start at weekends for the sale of alcohol, limiting the numbers to 50 persons and a restaurant condition at all times.

The Sub-Committee considered that the additional conditions were proportionate and in the public interest.