Content

 
7.1  The sub-committee
heard from the Principal Licensing Officer and the
applicant’s Legal Counsel. During the course of submissions
and a discussion of the application, the sub-committee noted the
following:
 
· 
The applicant’s
Legal Counsel advised that the applicant was seeking to increase
capacity to 325 persons from 200, which was below the permitted
capacity of 500 persons, reducing the closing hours to 02.00 hours
from 03.00 hours, reducing the use of the outside area to 22.00
hours from 23.00 hours, last entry at midnight, and that advance
corporate bookings would be taken for events on the first floor.
The  events had been included in the
application as this enabled advance planning unlike
TENs.
· 
The business would
employ approximately 65 staff mainly local and the minimum hours
being sought would enable the business to be profitable and
successful.
· 
The applicant had
received no complaints directly  related
to his premises.
· 
The Police’s
representative indicated that they had held several meetings with
the applicant  due to the number of
incidents and crimes that had taken place close to the
premises.
· 
The Licensing
Service’s representative stated that the applicant had not
demonstrated that the proposals would not add to the cumulative
impact within the Shoreditch Special Policy Area (SPA) and a rise
in public nuisance.
· 
The sub committee proposed reducing the capacity to 250
persons. The applicant’s Legal Counsel argued that the lower
capacity would mean that the premises were operating at half
capacity and that people inside the premises would not add to the
cumulative impact.
· 
The applicant’s
Legal Counsel confirmed that the non- standard hours would be
removed from the application.
· 
The applicant’s
Legal Counsel agreed to reduce the hours from Sunday to Wednesday
to 00.30 from 01.30 hours but did not agree to reduce the capacity
from 325  to 250  persons.
 
RESOLVED:
 
The decision
 
The Licensing Sub-Committee, in considering this decision
from the information presented to them within the report and at the
hearing 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 to 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, shall be, as agreed:
 
Films
 
Sunday to Wednesday   09:00 - 00:00
Thursday to Saturday   09:00 -
01:30
 
Live Music
 
Sunday to Wednesday   09:00 - 00:00
Thursday to Saturday   09:00 -
01:30
 
Recorded Music
 
Sunday to Wednesday   09:00 - 00:00
Thursday to Saturday   09:00 -
01:30
 
Performance of Dance
 
Sunday to Wednesday   09:00 - 00:00
Thursday to Saturday   09:00 -
01:30
 
Anything of a similar description
(to Live music, Recorded Music, Performance of
Dance)
 
Sunday to Wednesday   09:00 - 00:00
Thursday to Saturday   09:00 -
01:30
 
Late Night Refreshment
 
Sunday to Wednesday   23:00 - 00:00
Thursday to Saturday   23:00 -
01:30
 
Supply of Alcohol (on-sales)
 
Sunday to Wednesday   09:00 - 00:00
Thursday to Saturday   09:00 -
01:30
 
Opening hours of the premises
 
Sunday to Wednesday   07:00 - 00:30
Thursday to Saturday   07:00 -
02:00
 
 
Non-standard hours will be removed from the
licence.
 
Amend Condition 35 as follows:
 
· 
“ The total
capacity of the premises shall be limited, to no more than 300
patrons, at any one time excluding staff “.
 
And additional condition
 
· 
Use of the outside
area shall cease at 22:00
 
 
Reasons for the decision
 
The 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
Metropolitan Police Service ("the Police") made representations on
the grounds of crime and disorder and prevention of public
nuisance. The Sub-committee noted no other Responsible Authorities
made representations about the application, and no local residents
objected to the application.
 
The Sub-committee took into consideration the
representation made by the
Licensing Authority and the Police 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 representations from the
Applicant’s legal representative that because of the premises
specific location, the Light Bar did not adversely impact on the
Shoreditch SPA because customers did not tend to disperse into the
more sensitive areas covered by the SPA but, instead, exited the
other way towards Liverpool Street Station and so away from the
Shoreditch SPA.
 
The Sub-committee after hearing from the Applicant and the
Licensing Authority and the Police were satisfied that the premises
would not add to the cumulative impact in the area, and would not
undermine the licensing objectives in the Shoreditch
SPA.
 
The Sub-committee took into account that the Applicant
agreed to further restrictions on the first floor for corporate
events. 
 
The Sub-committee took into account that the Licensing
Authority felt that the conditions and the reduced hours agreed by
the Applicant alleviate their concerns about the premises; it was
less likely to result in the licensing objectives being
undermined.
 
The Sub-committee heard that the capacity will be reduced
to 300 persons. The Applicant had demonstrated that they were an
experienced operator with a proven track record, and they would be
able to operate the premises 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.