Content

The Licensing Sub-Committee, in
considering this decision from the information presented to them
within the report and having regard to the promotion of the
licensing objectives:
· 
The prevention of crime and disorder
· 
Public safety
· 
Prevention of public nuisance
· 
The protection of children from harm
 
The application for a premises
licence has been approved in accordance with the Council’s
Statement of Licensing and the proposed conditions set out in
paragraph 8.1 of the report with the following
amendments:
 
The hours for licensable
activities at the premises, shall be:
 
Sale of Alcohol (On the
premises)
 
Monday to Sunday  12:00 - 23:00
 
Sale of Alcohol (Off the
premises)
 
Monday to Sunday  12:00 - 23:00
 
The Opening hours of the
premises
 
Monday to Sunday  10:00 - 23:30
 
Remove Late Night Refreshment
from Application
 
Condition 16 will be amended as
follows:
 
" The external patio shall have
a maximum of 10 patrons to be seated in the terrace area at any one
time, and shall be cleared of patrons by 22:00".
 
And the following condition
shall be added to the premises licence:
 
· 
There shall be no more than 5 smokers outside of the
premises at any one time until 21:00.
 
Off-sales of alcohol shall
cease at 23:00 each day.
 
The total capacity of the
premises shall be limited, to no more than 74 patrons, at any one
time excluding staff 64 inside and 10 outside.
 
No vertical drinking is
permitted on the premises.
 
Reasons for the decision
 
The amended application for a
premises licence has been approved, as members of the Licensing
Sub-committee were satisfied that the licensing objectives would
not be undermined in the Shoreditch Special Policy Area
(“Shoreditch SPA”)
 
The Sub-committee took into
consideration that the Responsible Authorities (the Licensing
Authority and the Environmental Protection Service) made
representations on the grounds of prevention of public
nuisance.
 
The Sub-committee took into
consideration that the Responsible Authorities (Environmental
Enforcement, and the Metropolitan Police Service) agreed conditions
with the Applicant before the hearing and withdrew their
representations.
 
The Sub-committee took into
consideration the representation made by the Licensing Authority on
the grounds of the prevention of public nuisance in the Shoreditch
SPA and therefore it is subject to Policy LP10.
 
The Sub-committee heard that
the Licensing Authority had visited the premises which was
described as a traditional Italian Restaurant with the majority of
seating on the ground floor with a basement level and small seating
and terrace area upstairs. The Licensing Authority made
representations that there had been some complaints received
relating to the use of the terrace and drinks being taken
outside.
 
The Sub-committee took into
account the representations from the Environmental Protection
Service about the use of the proposed designated smoking areas, the
subsequent noise and smoke generated. The Sub-committee took into
consideration that the Environmental Protection Service proposed a
condition for the maximum of five people to use the outdoor smoking
area at anyone one time until 21.00hours.
 
The Sub-committee took into
consideration that Other Persons (local residents) made
representations objecting to the Application on the grounds of the
four licensing objectives. The Sub-committee took into account that
local residents made representations about issues with the
premises, playing loud music late at night at 01:00 to 02:00 which
affect local residents that live above the premises.
 
The Sub-committee also took
into account representations that local residents experienced noise
from their bedroom, and sleepless nights from the outside terrace
and from patrons smoking outside the premises. The Sub-committee
took into consideration that local residents felt there was a lot
of drunkenness and anti-social behaviour in the area, and that the
area was already over-saturated with licenced premises which
affects the cumulative impact and police resources. The
Sub-committee noted there were concerns about alleged breaches of
the current premises licence.
 
The Sub-committee took into
account 3 letters of support for the Application from local
residents, who live immediately above the premises, that were
submitted by the Applicant. The Sub-committee took into account the
letters in support stating one local resident had lived above the
restaurant for the past three years and found the noise from the
patio/terrace area not to be particularly intrusive. The local
resident made representations that they had not experienced any
problems with the restaurant or its patrons. The local resident
felt the restaurant was operated responsibly. The Sub-committee
noted that Rivington Street was a busy
street.
 
The Sub-committee heard
representations from the Applicant’s legal representative
that the premises is a restaurant with an external patio. The
Applicant had agreed to reduce the hours for the supply of alcohol
from
12 noon to 23.00 closing at
23:30 seven days a week. The Applicant agreed to have a substantial
table meal condition and no vertical drinking conditions on the
premises licence. The Applicant confirmed that the premises has an
overall capacity of 74. The Applicant agreed to surrender the
existing licence once a new licence is issued.
 
The Sub-committee after hearing
from the Applicant, the Applicant’s legal representative, the
Environmental Protection Service and the Licensing Authority, and
Other Persons (local residents) were satisfied that the premises
would not add to the cumulative impact in the area. The
Sub-committee took into account that there has been a premises
licence in place for the supply of alcohol on and off sales until
23.00 hours since 2010.
 
The Sub-committee noted that
the premises were two units operating with different licences
within the premises. The basement and section of the ground floor
was licensed for on sales, whilst another section of the ground
floor and patio/terrace area was licenced for off sales. The
purpose of this application was to bring together both licences
taking into consideration the needs of the business and concerns of
local residents.
 
The Sub-committee took into
account the reduced hours and the conditions addressed concerns and
the Licensing Policy. The Sub-committee felt that the dispersal
policy would help to maintain the licensing objectives and will
help the premises operate responsibly.
 
Having taken all of the above
factors into consideration the Sub-committee was satisfied that by
granting this premises licence, the licensing objectives would not
be undermined in the Shoreditch SPA.
 
Public Informative
 
The Premises Licence Holder
shall surrender the existing premises licence once the new premises
licence has been issued.
 
The Premises Licence Holder is
encouraged to continue working with local residents and Responsible
Authorities to prevent any public nuisance or negative impact in
the area.
 
 
 
 
Your
right to appeal
 
If you are aggrieved by any
term, condition or restriction attached to this decision, you have
the right to appeal to the Thames Magistrates Court, 58 Bow Road,
London E3 4DJ within 21 days of the date you receive this written
decision.
 
You can also contact the court
by email: northlondonmc@justice.gov.uk