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:
 
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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:
 
Sunday to Thursday 
 
12:00 - 22:30
 
Friday to Saturday   
12:00 - 23:00
 
 
 
Supply of Alcohol (On and off the premises): 
Sunday to Thursday 
 
12:00 - 22:00
 
Friday to Saturday   
12:00 - 22:30
 
 
 
 
Remove condition 26 from the licence
Condition 25 to be amended to read as follows:
"“ The premises licence holder shall ensure:
i) that there is no smoking in the
vicinity and immediately outside of the premises, and ii) that any
patrons smoking outside to do so across the road opposite the
premises near the railway station in an orderly manner, and ensure
that there is no public nuisance“. 
 
 
And the following additional conditions
Condition 33  on page 30 of the
Licensing report has been agreed by the Applicant. 
No licensable activity permitted outside of the
premises.
The Licence holder shall submit a revised site plan with
the external area removed and the updated licensable area for
approval by the Licensing Authority.
The sale and supply of alcohol for consumption off the
premises shall be limited to off-sales for customers on the
premises who have consumed a table meal and shall only be permitted
to purchase alcohol in sealed 
containers to  take off the
premises.
There shall be no consumption of alcohol directly outside
of the premises at any time.
From 20:00  All doors and
windows on the premises shall be kept closed, other than for access
and egress to prevent noise breakouts and disturbance to local
residents above and around the premises and in the
area. 
The maximum number of persons allowed at the premises shall
not exceed 42 subject to the following maximum
occupancies: 
  First Floor 28
persons and  Ground Floor 14
persons
 
 
Reasons for the decision
 
The Sub-committee approved the application with the above
amendments and additional conditions agreed with the Applicant for
on-sales and off-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 Protection
and the Environmental Enforcement teams in advance of the hearing,
and both Responsible Authorities subsequently withdrew their
objections to the application.
 
The Sub-committee noted that the Metropolitan Police
Service (“the Police”) had withdrawn their
representation after the Applicant agreed to remove non-standard
timings from their application.
 
The Sub-committee took into account that the Licensing
Authority made representations objecting to the
application.
 
The Sub-committee heard that premises were located directly
below residential apartments. Therefore the Licensing Authority was
concerned that the proposed activity will have a negative impact on
the promotion of the licensing objectives, in particular, the
prevention of public nuisance due to the nature and character of
the surrounding area. The Sub-committee heard the Licensing
Authority’s representations that a condition restricting the
activity to a restaurant operation would be favourable. The
Sub-committee noted that the Applicant needed to resolve the
Planning issues of the premises and obtain Planning
Permission. 
 
The Sub-committee also took into account the 13 objections
raised by Other Persons (local residents), and their concerns about
noise nuisance from the premises which is close to the residential
area.
 
The Sub-committee heard the concerns raised by local
residents that they did not want drunk people loitering in the area
and causing a nuisance and a disturbance in the block. The
Sub-committee noted that there were also concerns about
safety.
The Sub-committee took into consideration that before the
hearing the Applicant did send a letter to local residents to try
and address their concerns and invited them to meet with them or
let them know what their concerns were. The Sub-committee also
confirmed that the Applicant is no longer seeking late night
hours.
 
The Sub-committee heard representations from the Applicant
that the premises proposed to operate as a high end restaurant
serving organic wine and they will not operate as a bar or an off
licence. The Applicant contended that there will be no vertical
drinking, and alcohol will not be served without food. The
Applicant made submissions that the premises focus on
sustainability and no waste, and they would not consider holding
Temporary Events without notifying local residents. The
Sub-committee heard that the Applicant intends to continue working
with local residents.
 
The Sub-committee felt that the Applicant agreeing to
remove the outside area from the licensable area of the premises
went some way towards mitigating the concerns of local residents in
the area and gave them some assurances which the Licensing
Authority welcomed also. In addition the Sub-committee felt that
the reduction in the operational  hours
would reduce the impact on the local residents.
 
 
The Sub-committee felt that the proposed restaurant and
business model would not add to the cumulative impact in the London
Fields area in particular public nuisance and anti- social
behaviour, and the proposed measure to close windows and doors from
20:00 will prevent a disturbance to local residents.
 
The Sub-committee took into consideration the concerns of
local residents and felt that the Applicant needed a period of time
to demonstrate they could comply with the conditions on their
licence and operate the premises responsibly.
 
The Sub-committee took into consideration that the
Applicant had worked with the Responsible Authorities to try and
resolve their concerns.
 
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 premises licence holder is encouraged to continue
working with the local residents to deal with any issues arising
relating to noise nuisance.
 
The applicant and the operator are reminded of the need to
operate the
premises according to any current licensing conditions on
the premises
licence and planning permission relating to its use class,
conditions and
hours.
 
It also should be noted for the public record that the
local planning authority
should draw no inference or be bound by this decision with
regard to any
future planning application which may be made.