Content

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:
 
? 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 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:
 
Films
Wednesday  
 
18:00 - 22:00
Sunday 
 
 
18:00 - 22:00
 
Supply of Alcohol (on-sales)
Monday - Wednesday  
12:00 - 21:30
Thursday - Saturday 
 
12:00 - 22:30
Sunday 
12:00 - 21:30
 
The external area shall close at 22:00
 
Supply of Alcohol (off-sales)
Monday - Wednesday 
12:00 - 22:00
Thursday - Saturday 
 
12:00 - 23:00
Sunday 
12:00 - 22:00
 
 
Opening hours
Monday - Wednesday  
07:30 - 22:00
Thursday - Friday 
  07:30 -
23:00
Saturday 
 
08:00 - 23:00
Sunday 
10:00 - 22:00
 
And the following conditions:
 
· 
The Licence holder
shall provide a plan of the premises to show the extent of the
external area.
 
· 
Food shall be
available at all times.
 
· 
SIA registered door
supervisors should be employed on a risk assessment basis. All door
supervisors shall enter their full details in the premises daily
register at the commencement of their work. They shall record their
full name, contact telephone number, their SIA registration number
and the times they commence and conclude working. If the door
supervisor is provided by an agency, the name, registered business
address and contact telephone number will also be recorded. This
register will be made available to police or other authorised
officer upon request.
 
· 
There shall be a
maximum of 20 seated customers outside the premises in the external
area at any one time.
 
· 
There shall be a
written Dispersal Policy to be agreed with the Licensing Authority
and the Police. The approved dispersal policy shall be implemented
at the premises. All staff shall be briefed on this dispersal
policy. A copy of the policy shall be kept on the premises and
shall be produced to a police officer or other authorised officer
upon request.
 
· 
The external area
shall be closed to customers from 22:00 and the tables and chairs
in the outside area shall be rendered unusable after that
time.
 
· 
After 22:00 there
shall be a maximum of 5 smokers outside the premises at any one
time.
 
· 
The Licence holder
shall work with the Environmental Protection Team and by carrying
out a Noise Impact Assessment to agree to adequate sound proofing
works for the premises to prevent noise nuisance and any noise
breakout or impact on local residents.
 
 
 
· 
The Premises Licence
Holder shall organise and publicise regular meetings for local
residents to attend and/ or representatives of the local residents
to discuss the operation of the premises and to address any
concerns about the premises at least every 3 months. The frequency
of meetings may be varied by agreement between the Premises Licence
Holder and local residents.
 
· 
The contact details of
the duty manager and the Designated Premises Supervisor to be on
display at the premises so that local residents can make contact
regarding issues and concerns they have with the
premises.
 
Reasons for the decision
 
The Licensing Sub-committee approved the application with
amended hours, and additional conditions for on-sales and off-sales
of alcohol at the premises.
 
The Sub-committee took into account that the Applicant had
agreed in advance conditions with the Responsible Authorities
(Metropolitan Police Service, the Environmental Protection Team and
Environmental Enforcement) who subsequently withdrew their
objections to the application.
 
The Sub-committee also took into consideration objections
raised by Other Persons (local residents) and the impact the
premises will have on the local residents.
 
The Sub-committee heard the Applicant’s
representations that he had done everything that he was required
to, and the outside area is part of the Lease for the premises is
private land. The Applicant confirmed that they will be monitoring
the outside area and there will be a barrier for the outside area.
The Sub-committee heard from the Applicant that they received no
negative comments or issues from the agent for the residential
building. The Applicant confirmed that they live next door to the
shop premises and they will put an awning, which has planning
permission, at the front of the property to restrict any noise
level.
 
The Sub-committee took into consideration the
Applicant’s representations that there will be a separate
entrance with a café and that there should be no disturbance
to local residents. The Applicant confirmed that half of the
pavement belongs to the building boundary and part by Transport for
London. The pavement had not been adopted by the Council. The
Sub-committee took into account that the capacity inside was 20 and
the capacity outside the premises was 30 customers. The Applicant
confirmed that they were not looking to hold events with amplified
music.
 
The Sub-committee noted that the Applicant had previously
operated Temporary Events at the premises.
 
The Sub-committee heard submissions from the Applicant that
no noise can be heard from the second floor upwards and the
café entrance is 9 metres from the residential area. The
Sub-committee heard that Applicant was responsible for the area on
the southside communal area. Also on
the south side they have three cameras to monitor the outside area
of the premises. The Sub-committee took into consideration that the
Applicant did not intend to hold any events after 23:00
hours.
 
The Other Persons (local residents) confirmed that the new
building entrance is within 1 metre of the premises, and local
residents could be affected by loud noise, crime and
vandalism.
 
The Sub-committee advised that they could not take into
consideration financial considerations. However, the local
residents confirmed that it is public safety that is the issue for
them due to the high crime rate in the area, and by granting
another licence that will add to the crime and disorder and safety
in the area.
 
The Sub-committee heard representations from the local
residents that the Applicant had not contacted them and that they
feel the application is disproportionately unfair to local
residents. They strongly oppose the application and the impact on
local residents' health and safety concerns. The local residents
made representations that the noise from the premises would have an
adverse impact on local residents. The Sub-committee heard from
local residents that the inside of the premises is not suitable
because the premises is not soundproofed, and a café with a
glass of wine and no events would be preferable.
 
The Sub-committee heard that the local residents made
submissions that they did not trust or have confidence in the
Applicant and the proposed operation, and they felt that the
proposed premises would be a drinking establishment.
 
The Sub-committee took into consideration the
representations made by the Applicant, and the Other Persons (local
residents), and Sub-committee felt that with the above conditions
that the premises will be able to operate responsibly, and reduce
any impact on local residents.
 
Having taken all of the above factors into consideration,
the Licensing Sub-committee was satisfied that the application
could be approved without the licensing objectives being
undermined.
 
 
Public Informative
 
The Applicant is encouraged to continue working with the
local residents and the Environmental Protection Team to deal with
any issues arising relating to noise nuisance from the premises and
the impact on the local area.