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RESOLVED:
 
The decision
 
The Licensing Sub-committee in considering this decision
from the information presented to it within the report and at the
hearing today has determined that having regard to the promotion of
all the licensing objectives:
 
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The prevention of crime and disorder;
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Public safety;
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Prevention of public nuisance;
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The protection of children from harm;
 
the application for a premises licence has been approved in
accordance with the Council’s Statement of Licensing Policy
and the conditions set out in paragraph 8.1
of the report, with the following amendment :-
 
 
The opening hours and the hours for licensable activity
are:
 
 
 
Opening Hours:
Monday to Wednesday   08:00 - 22:30
 
 
Thursday to Saturday   08:00 -
23:30
 
 
Sunday and Bank Holidays 09:00 - 22:30
 
 
 
 
Supply of Alcohol (On the premises): 
Monday to Wednesday   12:00 - 22:00
 
 
Thursday to Saturday   12:00 -
23:00
 
 
Sunday and Bank Holidays 12:00 - 22:00
 
 
 
 
Condition 19 shall be amended to read as
follows:
 
 
“There shall be no more than 25 seated patrons
permitted in the premises at any one time subject to the following
maximum occupancies:
 
 
The downstairs 
-  10 seated patrons
The roof terrace  -  15  seated patrons as
indicated on the Plan”
 
 
 
 
 
 
Condition 24 shall be amended to read as
follows:
 
 
 
“ No refuse and/or bottles are to be placed in external
receptacle or in areas 
  outside the
premises between 23:00 and 08:00 each day”
 
 
Condition 26 shall be amended to read as
follows:
 
 
“Alcohol shall not be sold, supplied, or consumed on the
premises otherwise than 
  to seated
customers served by waiter / waitress service ancillary to
consumption
  of food from
the menu. There shall be no vertical drinking on the premises,
and
  there shall
be no direct sales of alcohol to customers standing at the bar.
Food 
  shall be
available at the premises at all times”.
 
 
Remove Late Night Refreshment from the licence.
 
 
And the following conditions:
 
 
The roof terrace shall not be used outside the hours of
0800–2200 Sunday to Wednesday and 0800-2300 Thursday to
Saturday.
 
 
The licence holder to carry out a Fire Risk assessment of
the premises.
The licence holder to carry out a noise pollution
assessment of the premises.
 
Reasons for the decision
 
The Sub-committee approved the application with the above
amendments and additional conditions for on-sales of alcohol at the
premises to prevent the licensing objectives being
undermined.
 
The Sub-committee took into consideration that the
Applicant had agreed conditions with the Environmental Enforcement
in advance of the hearing, and Environmental Enforcement
subsequently withdrew their objections to the
application.
 
The Sub-committee took into consideration that the
Metropolitan Police Service (“the Police”), and the
Licensing Authority raised  objections
to the application. The Sub-committee heard submissions from the
Police and the Licensing Authority that this application was
seeking to (1) enable the premises to operate without the existing
requirement for alcohol to be sold ancillary to substantial table
meals (2) increase capacity from 15 seated patrons to 40 and (3)
regularise a roof terrace constructed subsequent to the grant of
the existing licence.
 
The Sub-committee also took into account that the premises
had an existing licence since February 2017.
 
 
 
 
 
The Sub-committee heard submissions from the
Applicant’s legal representative that the premises is well
run and has a good trading history for the last 6 years, and that
there had been no issue with the stairs from the Fire Service. The
Sub-committee noted that the Police had visited the premises, and
the premises has three tables outside that are licensed by the
Council.
 
 
The Sub-committee heard submissions from the
Applicant’s legal representative that there was no evidence
of crime and disorder.
 
After considering all the representations made by the
Responsible Authorities (the Police and the Licensing Authority and
the Applicant’s legal representative the Sub-committee was
satisfied that the premises was a food led establishment, and they
felt it was necessary, and proportionate for alcohol to be served
to seated customers with food from the menu, that food must be
available at all times, and no vertical drinking or standing shall
be permitted at the bar.
 
 
The Late Night Refreshment was removed from the application
because the hours of licensable activity were reduced.
 
 
The Sub-committee felt it was necessary for the licence
holder to carry out both an assessment of noise pollution, and a
Fire Risk assessment to address noise and capacity concerns, and to
carry out any related works to ensure the premises is operating
responsibly. The Sub-committee also felt that the roof terrace of
the premises should operate in accordance with the permitted hours
given under the Planning Permission.
 
 
When making their decision the Sub-committee took into
consideration that each application is considered on its own
merits.
 
 
Having taken all of the above factors into consideration,the Licensing Sub-committee was
satisfied that the application could be approved and the licensing
objectives would be promoted.
 
Public Informative
 
The licence holder on issue of the new premises licence
will surrender their existing premises licence.