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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; and
· 
The protection of
children from harm,
 
the application for a premises licence for Late Night
Refreshment and the sale of alcohol has been approved in accordance
with the Council’s Statement of Licensing Policy and the
proposed conditions set out in paragraph 8.1 of the report, with
the following amendments:
 
The hours for licensable activities, shall be, as
agreed:
 
Late Night Refreshment:
 
Friday to Saturday 
23:00 - 01:00
 
Supply of Alcohol (on and off sales)
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 23:00
Sunday 
 
10:00 - 22:30
 
Opening hours
 
Monday to Thursday    10:00 -
23:30
Friday to Saturday   
10:00 - 01:00
Sunday 
 
10:00 - 23:00
 
And the following conditions:
 
Any alcohol sold or supplied for consumption off the
premises must be in a sealed container.
 
Alcohol shall not be sold, supplied, or consumed on the
premises unless it is ancillary to food served on the premises and
with food orders.
 
Only deliveries and take away are permitted after 23:00 on
Fridays and Saturdays.
 
The Licence holder shall have one additional member of
staff after 21:00 on Fridays and Saturdays to monitor the premises
main door and dispersal from the premises. The total number of
staff after 21:00 must be at least 3 members of staff.
 
 
There shall be a written dispersal policy submitted to and
approved by the Licensing Authority and the Police which shall be
reviewed regularly. All staff shall be trained 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 Licence holder to submit a Delivery Management Plan to
the Licensing Authority and the Police for approval.
 
 
Reasons for the decision 
 
The application for a premises licence for Late Night
Refreshment and the supply of alcohol on and off the premises has
been approved because the Licensing Sub-committee was satisfied
that the licensing objectives would not be undermined
 
The Sub-committee took into consideration that there were
objections to the application from the Licensing Authority,
Environmental Enforcement, and the Metropolitan Police Service
(“the Police”). The Sub-committee took into
consideration that the Environmental Enforcement Team proposed
conditions which the Applicant agreed to during the hearing. The
Sub-committee also noted that there were no representations from
local residents in the area.
 
The Sub-committee took into account that the Licensing
Authority made representations on the grounds of public nuisance
and the premises being close to the residential properties. The
Sub-committee took into consideration the concerns about the
additional impact on the area late at night. The Sub-committee
noted concerns about the existing use of the extractor fan, and
that the Applicant was trying to take measures to control the
noise. The Sub-committee also noted that there are Planning issues,
and the Applicant needs the appropriate planning
permission.
 
The Sub-committee took into consideration the Police
objections on the grounds of crime and disorder and public
nuisance, and the Police concerns about drunken behaviour in the
seating area that is open all the time. The Sub-committee noted
that the Police were concerned about the additional impact on the
nearby Shoreditch SPA with the later hours.
 
The Sub-committee heard the Applicant's legal
representative make submissions that customers will take food away
and the Applicant will prevent any littering. The Applicant will
train their staff on delivery and how to reduce and prevent a
nuisance. The Sub-committee heard that the Applicant has been
managing premises for the last five years, and he is familiar with
the area. The Sub-committee noted that the Applicant has other
premises close by, and the Applicant is an experienced operator who
is prepared to work with the Police and the Licensing Authority.
The Sub-committee noted that the Planning Enforcement Notice will
be appealed, and a new planning application has been submitted to
the Council.
 
The Sub-committee took into consideration that the
Applicant will serve food on the premises and the premises has a
toilet. The Sub-committee heard submissions that the premises will
be a restaurant and a bar 50% will be seated and 50% will be
takeaway with delivery options. The Applicant contended that they
wanted to sell hot food late at night with a 10 seating capacity
inside the premises. The Sub-committee heard that the Applicant
will supervise their own area and their shop. The Sub-committee
noted that there are two pubs in the area.
 
After hearing from the Applicant’s representative,
the Applicant’s Agent, the Applicant  and from the Licensing Authority and the Police
the Sub-committee was satisfied with the additional conditions, the
reduced hours and that the seating area will be closed at 23:00
which would mitigate any negative impact that granting the licence
would have on the nearby Shoreditch SPA.
 
The Sub-committee took into account when making their
decision that alcohol will be served with food at all times and it
is a small premises. The Sub-committee took into consideration that
alcohol is limited to beer and the hours for alcohol are limited to
core hours under Policy LP3. The Sub-committee heard that the
Applicant will monitor their customers and they will have trained
staff, and also provide clear signage to prevent queueing outside the premises.
 
The Sub-committee feel that these measures, which the
Applicant agreed to, will help the premises to be run responsibly.
The Sub-committee took into consideration that the Licensing
Authority and the Police were happy with the representations made
on behalf of the Applicant.
 
Having taken all of the above factors into consideration,
the Licensing Sub-committee was satisfied  that the licensing objectives would not be
undermined.
 
Public Informative
 
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.
 
The Applicant is strongly encouraged to use sustainable
cutlery, plates, cups,
food containers, and recyclable materials and to avoid
using single-use plastic to prevent litter, and protect the
environment. 
 
Your right to appeal
 
If you are aggrieved by any term,
condition or restriction attached to this decision, you have the
right to appeal to the Thames Magistrates Court, 58 Bow Road,
London E3 4DJ within 21 days of the date you receive this written
decision.