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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 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 additional conditions:
 
The maximum number of persons (excluding staff) shall be
allowed at the premises shall not exceed 70 persons.
 
No more than 5 persons are permitted to smoke outside the
premises at any one time.
 
Reasons for the decision
 
The application for a premises licence has been approved
because the Licensing Sub-committee was satisfied that the
licensing objectives would not be undermined.
 
The Sub-committee took into consideration Environmental
Enforcement withdrew their representation and agreed conditions
with the Applicant.
 
The Sub-committee heard representations from the
Applicant’s legal representative that the premises is a
neighbourhood café with food and small plates. The applicant
confirmed that there is an existing off-licence which can be
surrendered if this licence is granted
 
The Sub-committee took into consideration Other Persons
objected to the application, and had not responded to the letter
from the Applicant addressing their concerns. The Sub-committee
noted the hours are modest and condition 8 referred to alcohol
being served to seated customers only. The Sub-committee noted that
condition 9 dealt with the prevention of noise nuisance.
 
The Sub-committee heard that the premises has a shop front
licence and off-sales will be served to customers sitting outside
of the premises.  The Sub-committee
noted the premises were being opened in a vacant building on
Hackney Road. The Sub-committee took into consideration that the
retail off sales such as wine will be in  sealed containers
 
The Sub-committee took into consideration smokers will be
in a small area near the bin store area, and no more than 5 smokers
will be permitted outside at any one time. The Sub-committee heard
that the capacity for the outside is subject to the number of
tables and chairs. The Sub-committee noted that the capacity inside
is expected to be 50 to 60 over both floors excluding the outside
capacity which is estimated at 40. The Sub-committee felt there
should be a capacity of no more than 70 in the premises excluding
staff.
 
The Sub-committee took into account that food will be
available at all times and they were satisfied with the
representations. The Sub-committee had no concerns about the
external area. The Sub-committee felt that the premises would not
have a negative impact on the area, and was not in the Special
Policy Area.
 
The Sub-committee noted that there were no objections from
most of the  Responsible Authorities,
that there was one representation in support of the application,
and two representations objecting to the application. The
Sub-committee took into consideration that the Applicant was an
experienced operator with a proven track record and other premises
in the area. The Sub-committee felt that the premises were low risk
with the supply of alcohol ending at 21:30 each day and closing at
22:00 with limited capacity, the prevention of noise outbreak was
considered, and the hours of operation were within core hours as
set out under Policy LP3. 
 
Having taken all of the above factors into consideration
the Licensing Sub-committee was satisfied when granting this
application for a premises licence that the licensing objectives
would be upheld.
 
Public Informative
 
The Premises Licence Holder shall surrender the off licence
on issue of the new premises licence.
 
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.