Content

6.1  The sub-committee
heard from the Principal Licensing Officer, Counsel for the
applicant and the Licensing Authority. During the course of
submissions and a discussion of the application, the sub-committee
noted the following:
 
· 
Since the publication
of the officer report, the applicant had proposed a further four
conditions to address the concerns related to public
nuisance.
· 
Counsel for
the  applicant stated that the applicant
was seeking to extend the hours on Sunday for the sale of alcohol
from 10:00 to 01:00 hours and late night refreshment from 23:00 to
01:30 hours during the months of September to March, the premises
was a restaurant and bar exclusively showing sports events, the
sale of alcohol would be ancillary to the live screening of events,
there would be no entry from 23.00 hours, an additional four
conditions had been submitted during this period to address
the  concerns related to crime and
disorder, and no objections from received from the local residents
living in the special policy area and Responsible Authorities
except the Licensing Authority.
· 
The Licensing
Authority’s representative stated that the premises was
located within the Shoreditch Special Policy Area (SPA), the
proposed activity would further exacerbate the negative cumulative
impact identified in the area as a result of the large
concentration of licensed premises, and sought further
clarification of the nature of the televised sporting
events.
· 
Counsel for the
applicant clarified that the bar would be broadcasting exclusively
NFL American Football live sporting events and college
football.
· 
Counsel for the
applicant responded that the premises were located within a quiet
corner of Shoreditch, they expected 30 to 50 patrons at the events,
which was 50% of the total seated capacity inside the premises, the
ambience would be relaxed with games estimated to last 2 to 3
hours, alcohol would be sold ancillary to food, people would have
to book their place via  a booking
system and the exact numbers expected at an event would be
known,  there would be a minimum of two
SIA door supervisors to ensure the area was well managed and
dispersal was staggered to minimise any negative impact on the
area,  no more than five smokers would
be allowed at any one time and no drinks outside, the clientele
would include local residents, Amazon was above the premises but
closed on Sundays, there would be minimal impact from dispersal as
the exit doors led directly into the City of London and there were
not many residents living this area
· 
A risk assessment
would be undertaken for each event to determine if more than two
SIA door supervisors were required.
· 
The applicant
reassured the sub-committee that there would be no vertical
drinking at the premises and that alcohol would be served ancillary
to food by waiter service or ordered online.  A full kitchen would be open until closing hours
and patrons could order food such as wings, nacho,
burgers.
· 
The applicant and the
Licensing Authority’s representative agreed to late night
refreshment ceasing at 01.00 hours in line with the hours for the
supply of alcohol.
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:
 
· 
The prevention of
crime and disorder;
· 
Public
safety;
· 
Prevention of public
nuisance;
· 
The protection of
children from harm;
 
the application to vary a premises licence has been refused
in accordance with Licensing Policies LP1, LP2, LP6 and LP11 within
the Council’s Statement of Licensing Policy.
 
Reasons for the decision
 
The Licensing Sub-Committee, having heard from the
Licensing Authority and the Other Persons believed that granting
this application is likely to result in the licensing objectives
being undermined and will have an impact on the
area. 
 
The Sub-committee took into consideration that there were
objections raised by Other Persons (two local Ward Councillors Lea
Bridge and Kings Park on behalf of the local residents) on the
grounds of the four licensing objectives. The Sub-committee took
into consideration objections raised by the Licensing Authority on
the grounds of public nuisance.
 
The Sub-committee took into consideration the concerns of
the Licensing Authority that additional hours in this area could
have a negative impact on nearby residential properties therefore
undermining the prevention of public nuisance.
 
The Sub-committee took into account that there had been
complaints from local residents due to the level of noise coming
from the premises which affected their sleep. The Sub-committee
took into consideration the alleged breaches of the conditions of
the premises licence by having customers seated outside until late
at night.
 
The Sub-committee took into consideration representations
made by the Ward Councillors on behalf of the local residents that
it is not appropriate to allow outdoor seating until 23:00 at a bar
in a residential area such as Chatsworth Road and the surrounding
streets, especially on weekday nights and Sunday
evenings.
 
The Sub-committee noted that the noise disturbance from the
premises during the Summer months in 2022 following its opening was
significant and repeated despite residents complaining. The
Sub-committee heard that the indoor section of the bar is small and
so the business is strongly incentivised to exceed its outdoor
seating restriction.
 
The Sub-committee carefully considered the representations
made by the Premises Licence holder, the Licensing Authority and
Other Persons (Ward Councillors). The Sub-committee was not
convinced by the Premises Licence holder’s proposed variation
of the premises licence which was contrary to the Council’s
Licensing Policy LP6.
 
The Sub-committee felt that there were not strong
mitigating factors or evidence to support why the Premises Licence
holder should be granted the variation to the premises licence
because it will have an impact on the residential area that was in
close proximity to the premises. The Sub-committee also took into
consideration the Premises Licence holder’s track
record.
 
The Sub-committee felt that the nature of the area is
changing to increased daytime business as trade increases. The
Sub-committee encourages more daytime use
in keeping with the area.
 
The Sub-committee also felt that by not granting this
variation application it would prevent anti-social behaviour which
would contribute to increasing public nuisance in the
area.
 
The Sub-committee took into consideration when refusing
this application that each case is considered on its merits. The
Sub-committee believed that the licensing objectives could not be
promoted by granting this variation application, and as such
believed it was appropriate to refuse the application in its
entirety.