Content

6.1  The sub-committee
heard from the Principal Licensing Officer and the applicant.
During the course of submissions and a discussion of the
application, the sub-committee noted the following:
 
· 
It was noted that the
applicant had submitted additional information which had been
circulated to all parties.
· 
The applicant stated
that he wanted to expand his business by taking the lease next door
to his restaurant, which would be operated as a separate
business.
· 
In reference to the
‘Other Persons’ representation, the applicant advised
the source of the complaint related to a music-led event operated
under a Temporary Event Notice.
· 
The applicant stated
there were no plans to use DJs on the premises and reported that he
had consulted an acoustic specialist
· 
In their absence, the
sub-committee noted the written representation from ‘Other
Persons’ who lived above the premises.
· 
The applicant
confirmed that outside seating was operated from the premises next
door which he also operated. Should an application for outside
seating be made, he planned to erect an awning to absorb any
noise.
· 
The sub-committee
proposed an additional condition relating to noise nuisance, to
which the applicant agreed. The applicant had agreed with the
police to extend the opening hours by 30 minutes to allow
‘drinking up time’ before the terminal hour.
 

RESOLVED:
 
The Licensing Sub-Committee, in considering this
decision from the
information presented to them within the report
and at the hearing today 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 to vary 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 opening hours and the hours for licensable
activity are:
 
 
Opening Hours:
 
 
Monday to Saturday 12:00 – 23:00
hours 
 
Sunday 12:00  - 22:30
hours 
 
 
 
Supply of Alcohol (on the premises):
 
 
Monday to Saturday 12:00 – 22:30
hours
 
Sunday 12:00  - 22:00
hours 
 
 
? Remove off sales
 
? Remove restrictions that alcohol sales are
limited to wine.
 

Reasons for the
decision
 
The Application to vary this premises licence has
been approved, as
members of the Licensing Sub-committee were
satisfied that the licensing objectives would not be
undermined.
 
The Sub-committee took into consideration that the
Environmental Protection Team and the Metropolitan Police Service
had withdrawn their representations, and agreed conditions with the
licence holder in advance of the hearing.
 
The Sub-committee took into account that Other
Persons (a local resident) objected to the Application due to
complaints about noise nuisance from the premises, and the impact
on them, which was expected to increase as a restaurant with
customers outside. The Sub-committee noted that there were no other
objections received by other residents and responsibly
authorities.
 
The Sub-committee took into account that the
licence holder demonstrated that he was an experienced and
responsible operator of 49 Broadway Market, which is a restaurant,
with a good track record of 7 years. The Sub-committee heard
submissions from the licence holder that their landlord supported
the use of 47 Broadway Market as a restaurant, and the expansion of
49 Broadway Market because of their good track record over the last
7 years. The Sub-committee heard that 47 Broadway Market was built
for restaurant use and there was no change of use of the premises.
The Sub-committee took into consideration that the licence holder
responded to the complaints received and that he agreed to
conditions to mitigate the variation and the
circumstances.
 
The Sub-committee heard submissions from the
licence holder that after 7 years they decided to expand their
restaurant at 49 Broadway Market by expanding the site into the
site next door at 47 Broadway Market. The licence holder contended
that they had previously applied for 28 Temporary Events from
January 2022 to April 2022, however, they only used 6 nights during
that period between February - April 2022.
 
The Sub-committee heard that the Environmental
Protection Team received a complaint about loud music from the
premises on 8 April 2022. At the time the Temporary Events were
used to test the operational use of the premises as a restaurant at
47 Broadway Market.
 
 
This also helped the licence holder identify what
controls were needed for the future. The Sub-committee heard that
the licence holder does not intend to have loud music or a DJ at
the restaurant, and they identified noise issues including sound
proofing and repairing of the ceiling to improve the sound
absorption. The licence holder contended that at
49 Broadway Market they had never received any
noise complaints from local residents above the
premises.
 
The Sub-committee heard that the licence holder
was working to ensure they comply with and uphold the four
licensing objectives. The licence holder made representations that
they did not intend to have an off-licence selling alcohol to
customers off the street that would cause a public nuisance and
this was replaced with on-sales to prevent a negative impact on the
area late at night. The licence holder made submissions that the
premises would not be a late night venue, and they did not intend
to operate after 23:00. The Sub-committee heard that the premises
closed early most days which would mean that local residents would
not be disturbed late at night.
 
The Sub-committee felt that the Environmental
Protection conditions would help to control noise emanating from
the restaurant, and it was recognised that there was a need for
sound proofing of the premises when 47 and 49 Broadway Market are
joined together as one restaurant. It was noted that the change of
the layout will not require Planning Permission. The Sub-committee
heard that the layout of the premises will change at that point,
and the licence holder was open to everyone including local
residents about the future changes that will be carried
out.
The Sub-committee also felt that the proposed
hours for alcohol sales on the premises (ending at 22.30) would not
threaten the licensing objectives.
 
The Sub-committee took into account that the
licence holder had received advice from an acoustic specialist and
they have plans to carry out sound proofing both inside and outside
the premises to prevent noise nuisance, and disturbance to local
residents.
 
Having taken all of the above factors into
consideration the Sub-committee was satisfied that by granting this
variation to the premises licence, the licensing objectives would
continue to be promoted.
 

Public
Informative

 
The Licence holder is encouraged to continue
working with the Environmental Protection Team to reduce noise
nuisance, and prevent any negative impact in the area.