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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 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 of
licensable activity:
 
Late Night Refreshment
 
Friday - Saturday  23:00 -
00:30
 
Opening Hours:
 
Monday to Thursday  11:00 -
23:00
 
Friday - Saturday  11:00 -
01:00
 
Sunday  
 11:00 - 10:30
 
· 
Remove recorded music
from the application
 
And the following conditions to be added to the
licence:
 
· 
By no later than 22:30 each day all tables and chairs outside the
premises shall be rendered unusable.
 
· 
The Premises Licence Holder and/or its
management shall monitor the noise levels of the delivery drivers,
so as to prevent noise nuisance to local residents in the
area.  All delivery drivers shall be
informed of and should be made aware of the expected conduct being
applied to the drivers/riders.
 
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”)
and therefore it is subject to Policy LP10.
 
 
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
in the Shoreditch SPA. The Sub-committee noted no local residents
objected to the application.
 
The Sub-committee took into consideration that the
Applicant agreed conditions with the Environmental Enforcement Team
and they withdrew their
representations.
 
The Sub-committee took into consideration the
representations from the Responsible Authorities (the Licensing
Authority and the Police) who objected to the application because
the Applicant was seeking hours outside of Core hours (Policy LP3).
There were also concerns about the hours of loading and deliveries
taking into consideration that the premises are on a red route. The
Sub-committee noted that there have been no issues with premises
open until 23:00, however, after midnight the area does get
busy.  The Sub-committee heard from the
Applicant that for corporate orders customers coming late at night,
they have pre-ordering at night which are collected.
 
The Sub-committee heard representations from the Applicant
that the premises are a take away where 90% of the menu is cold and
10% of the menu is hot. The Sub-committee took into account that
the Applicant has considered the impact and feel that they will not
add to the cumulative impact. The Sub-committee heard that premises
is a shop at the end of a parade and they have put CCTV to help
look after the area, and the Applicant has previous experience of
operating late at night.
 
The Sub-committee heard that the Applicant had spoken to
local residents and had given their contact details. The Applicant
made representations that the premises would improve the area. The
Applicant confirmed that they have 30 to 40% of deliveries, and
that they have experience of operating other premises. The
Applicant made representations that they cannot control how the
drivers operate, and that their business model allows for 3 to 4
deliveries per hour.
 
 
The Sub-committee felt that the Applicant needed to build
up a track record to demonstrate over a period of time that they
are a responsible operator, and that they will not add to the
community impact in the Shoreditch SPA which is already a saturated
area. The Applicant also needed to prove that they will comply with
the conditions of their premises licence. The Sub-committee took
into consideration that the Applicant agreed to remove the seating
from outside late at night.
 
The Sub-committee, after hearing from the Applicant, and
the Responsible Authorities (the Licensing Authority and the
Police), and taking 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 is encouraged to continue
working with the local residents to deal with any issues arising
relating to noise nuisance.
 
The Premises Licence holder is strongly encouraged to use
sustainable cutlery, plates, cups, food containers, and recyclable
materials to avoid using single-use plastic items to prevent
litter, and to protect the environment.