Content

RESOLVED:
 
The decision
 
The Licensing Sub-Committee, in considering
this decision from the information presented to them within the
report and at the hearing 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 for a premises licence has
been approved to 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 Sub-committee approved the application
to authorise supply of alcohol for consumption On and Off the
premises Monday to Sunday, for the provision of late night
refreshment and conditions as set out in the report without
amendment. The hours of licensable activity applied for were
approved without amendment. Two conditions have been added to the
licence.
 
And additional conditions
 
· 
The ?Premises licence holder shall submit a? up to date ?Fire Risk
?Assessment? to the Licensing Authority to agree the capacity of
the premises.
 
· 
The ?Premises licence holder shall ?agree the number of smokers at
the premises with the Environmental Protection Team.
 
 
Reasons for the decision
 
The application for a premises licence has
been approved, as members of the Licensing Sub-committee were
satisfied that the licensing objectives would not be undermined in
the Shoreditch Special Policy Area (“Shoreditch
SPA”)
 
The Sub-committee approved the application to
authorise the supply of alcohol for consumption On and Off the
premises Monday to Sunday, for provision of late night refreshment,
and conditions as set out in the report without amendment. The
hours of licensable activity applied for were approved without
amendment. Two conditions have been added to the licence
for the Premises licence holder to agree to
the capacity of the premises and the number of smokers.
 
The Sub-committee took into consideration that
the Responsible Authorities (the Licensing Authority and the
Metropolitan Police Service ("the Police") made representations on
the grounds of crime and disorder and prevention of public
nuisance. The Sub-committee noted that the Licensing Authority
maintained their objection on policy grounds, and they would
welcome the capacity being confirmed for use of the parts of the
development. The Licensing Authority had no other concerns.
 
The Sub-committee noted that the Environmental
Protection Team and the Environmental Enforcement Team withdrew
their representations after agreeing conditions with the Applicant
in advance of the hearing, and no local residents objected to the
application.
 
The Sub-committee took into consideration the
representation made by the Licensing Authority and the Police on
the grounds of the prevention of public nuisance in the Shoreditch
SPA subject to Policy LP10.
 
The Sub-committee took into account
representations from the Applicant’s legal representative
that the premises would not adversely impact the Shoreditch
SPA.
 
The Sub-committee noted that this application
was part of the Stage development which is mixed use commercial and
residential tenants (2.5 acres 25 ft.²) that are ancillary to
the development. The development will provide 5 restaurants, 2 bars
and an event/ performance space. 
 
The Sub-committee took into account that this
is an application for a bar.
 
The Applicant’s representative made
representations that in accordance with Policy LP1 the Applicant
recognises the need for a varied and diverse offering. The
Applicant has proposals for a diverse offering which fits in with
the immediate and the local area. The Applicant relies on
sustainable resources and all concerns have been addressed as far
as they can. The premises are unique in nature due to the type of
development.
 
The Applicant’s legal representative
contended that the application should be considered on its merits
and what it brings diversity to the area and the multi use for the development. The seating areas
externally are used seasonally with a fire risk strategy and
building control.
 
The Sub-committee took into consideration that
the capacity will depend on the operator's restaurant pavilion
unique to the buildings. The tenants of the premises will be
high-quality and there will be a bar restaurant as well as a
separate restaurant on site. The majority of the performance space
will not be used regularly, and the theatre space will not be used
regularly.
 
The Applicant’s representative made
representations that the premises has its own SIA security and
their own CCTV system and their own cleansing cleaning service. The
premises will be operated like an urban village, and the Applicant
will be happy to agree the capacity and the number of smokers with
the Licensing Authority and the Environmental Protection Team.
 
The Sub-committee was not persuaded by the
Applicant’s representations on capacity and it was noted that
the premises are on the edge of the Shoreditch SPA
 
The Sub-committee after hearing from the
Applicant and the Licensing Authority were satisfied that the
premises would not add to the cumulative impact in the area, and
would not undermine the licensing objectives in the Shoreditch
SPA.
 
The Sub-committee considered the core hours
and policy LP6 for use of the external area. The Sub-committee felt
this application is stretching the Licensing Policy in a way that
it has not been stretched before. The Sub-committee felt hours are
not contentious as other premises in the area have similar
hours.
 
The Sub-committee were reassured to hear that
any variation of the premises licence will be with the approval of
the owner of the premises.
 
The Sub-committee considered that this is a
maximum unit for capacity and it will be for the Responsible
Authorities to decide the capacity of both the inside and outside
area of the premises. The Sub-committee felt the capacity needs to
be relevant to the public streets taking into consideration the
impact on the area and local residents.
 
The Sub-committee felt that the Applicant had
demonstrated they would be responsible operators. The Sub-committee
took into account the conditions agreed by the Applicant addressed
concerns in the Licensing Policy including use of the external area
in accordance with Policy LP6, SIA security and the dispersal
policy that would help to maintain the licensing objectives.
 
Having taken all of the above factors into
consideration the Sub-committee was satisfied that by granting this
premises licence, that the licensing objectives would not be
undermined in the Shoreditch SPA.