Agenda item

The licensing officer reported that an updated plan with further information had now been circulated. Although the operating schedule was extensive, there was no explanation how they would manage the premises; although an email had been circulated to the licensing team in the afternoon. The application was outside framework hours.

The Licensing Authority stated that she had received the plan of the premises during the week and an email that day with a paragraph explaining the arrangements. The Licensing Authority had not changed its position and was concerned about where drivers would park as there was not much space close to the premises. The police stated that they had agreed conditions suitable for framework hours but could not condition outside these hours. These were standard conditions for late night premises.

In response to questions, it was noted that the email was sent today, the plan of the premises was sent on Friday.

The applicant stated that he had spoken to the delivery companies, and they had said that electric bikes could be used if they operated late hours. Drivers could park in the parking bay rather than just outside the premises. They wanted these hours as they were busy lunchtime, but the area did get busy later at night. There were no restaurants in the area. They had a lot of customers in the late evening and got increasing calls later up until 11pm. With later hours they would also get the benefit from customers that went to nightclubs as they would come around 2.30am.

In response to a question about the late submission, the applicant stated that the plan and email were due to be submitted ten days previously but were late as he had been ill. He had got help from friends as this was his first time in submitting an application. The Sub-Committee agreed to accept the late email submission in the circumstances.

In response to further questions, it was noted that there had been complaints about the extractor fan which was used when the premises was a café. Works to upgrade the extractor fan had taken place about two months previously, the food smell and gone and there had been no further complaints.  The parking bays were situated about 20 metres away. The applicant agreed that delivery drivers could use the toilets in the premises. He welcomed a good relationship with the late-night patrols as this would be good practice. The fire exits were always kept clear. Staff were trained in handling drunk customers and would remain calm and polite. They had not had any issues with customers but would ring police if a customer was out of control. They were open for eating in as well as takeaway, but the applicant would be happy if it was takeaway only during the later hours.  Soup was often given out to customers if they were waiting for food.  He was happy to accept additional conditions. 

In summary, the Licensing Authority stated that it was a decision for the Sub-Committee to consider whether the applicant had made a good case for extended hours.  The Licensing Authority would be happy to pass the number to the applicant for the late- night patrols.  The police and the applicant had no further comments.

RESOLVED

1)      That the application for a new premises licence, in respect of London Lebanese Grill, 120 St John Street, EC1V 4JS be granted to allow the provision of late-night refreshment on Sunday to Thursday from 11pm until 1am and on Friday and Saturday from 11pm until 3am.

2)      Conditions detailed on pages 64 to 66 of the agenda shall be applied to the licence.

·       That delivery drivers be able to use the welfare facilities provided on the premises.

·       That the premises licence holder works with Nightsafe and operates Nightsafe best practice standards.

·       No customers be allowed in the premises from between the hours of 1am and 3am on Fridays and Saturdays (except for use as a Safe Haven) and the business be take-away only for those hours.

·       The management of the premises shall implement a procedure to take action, through the delivery service providers or on individuals, on any driver causing anti-social behaviour, or contravening licence conditions, to ensure they are not used for further deliveries. A copy of the procedure and records of actions taken will be kept on the premises and made available to authorised officers of the Council.

Note of the Sub-Committee

That the applicant work with the Licensing Authority for the premises to provide a Safe Haven for patrons.

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.

Five local resident objections had been received.  There had been representations made by the Licensing Authority and Metropolitan Police.

The Sub-Committee noted that the hours sought were not within the hours specified in licensing policy 6.

The Sub-Committee heard evidence that the applicant had agreed police conditions suitable for the premises. Further evidence was heard from the applicant that there were no late-night refreshments businesses in the local vicinity and local people have often enquired about why they did not open later. Further evidence was heard from the licensing authority regarding the applicants’ late submissions which included an updated plan and reasons why the cumulative impact would not be affected.

The Sub-Committee was concerned that there would not be anywhere for the delivery drivers to park and there was evidence of illegal parking in the resident’s representations. The Applicant confirmed that there was parking 20 meters away from the shop which the delivery drivers will be using. The Sub-Committee was further concerned with the late submissions and after hearing that the applicant had been ill allowed the late representations. The Sub-Committee was further concerned about how the applicant would control and manage patrons that were misbehaving to which the Applicant agreed to implement the Night Safe Patrol Best Practice Standards.

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 outside of the hours specified in licensing policy 5 and 6 thus the conditions for takeaway after 1am were appropriate.  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.