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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; 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 amendment:
 
· 
The hours for licensable activities, shall be, as set out in the
report:
 
Recorded Music, Live Music and
Films:
 
Sunday to Wednesday    08:00 - 00:00
Thursday   
08:00 - 01:00
Friday to Saturday   
08:00 - 02:00
 
Supply of Alcohol (on sales)
 
Sunday to Wednesday    08:00 - 00:00
Thursday   
08:00 - 01:00
Friday to Saturday   
08:00 - 02:00
 
Late Night Refreshment
 
Sunday to Wednesday  23:00 -
00:00
Thursday 
23:00 - 01:00
Friday to Saturday   
23:00 - 02:00
 
Opening hours of the premises
 
Sunday to Wednesday    08:00 - 00:30
Thursday   
08:00 - 01:30
Friday to Saturday   
08:00 - 02:30
 
 
· 
Non- standard hours shall be removed from the application save for
an additional hour on the hours above on New Year’s Eve.
 
 
And the following conditions:
 
· 
No off-sales of alcohol shall be permitted at the premises.
 
· 
There shall be no more than 120 patrons at any one time at the
premises (excluding staff).
 
 
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 that
the Licensing Authority, the Metropolitan Police (“the
Police”) and three Other Persons (local residents) made
representations objecting to the application on the grounds of the
four licensing objectives.
 
The Sub-committee noted that the Environment
Enforcement Team and the Environmental Protection Team withdrew
their representations after conditions were agreed with the
Applicant.
 
The Sub-committee took into consideration
representations made by the Police that the area is affected by
cumulative impact, and they were objecting to non-standard hours.
However, it was agreed by the Police that one extra hour on New
Year’s Eve would be acceptable. The Police also raised
concerns about off-sales and drinking in the street while holding
valuable items. The Police confirmed that the temporary events held
at the premises operated until 02:00 without incident. The
Sub-committee noted that the Police had no other concerns with the
application.
 
The Sub-committee took into account
representations made by the Licensing Authority on the grounds of
prevention of public nuisance. They had concerns about glass being
used outside of the premises. The Licensing Authority also had
concerns about off sales, and made submissions that the removal of
off sales after midnight would go someway to alleviating their concerns and
mitigating the cumulative impact in the area.
 
The Sub-committee took into consideration
representations made on behalf of the local residents. Submissions
were made on behalf of local residents in relation to  off-sales at the
premises. Local residents felt that the premises would be operated
as a drinking establishment, and there was no private outdoor area.
Submissions were made on behalf of local residents that the
premises were near Rivington Street,
and a road described as a “dual carriageway”, the
basement of the premises had no use, and the basement was not
suitable for use as a kitchen. The local residents maintained their
objection and raised concerns about the application.
 
After considering the representations made by
the Applicant, the Applicant’s legal representative, the
Licensing Authority, the Police, and Other Persons (local
resident’s the Sub-committee decided to grant the premises
licence taking into consideration the impact on the
area. 
 
 
The Sub-committee took into consideration
submissions that the local residents suffer from noise nuisance
late at night as a result of the windows of the premises being open
and they were affected by the cumulative impact in the area. The
local residents also had concerns about the road described as a
“dual carriageway” and public safety in the area.
 
The Applicant’s legal representative
made representations that the premises was already successfully
operating outside of core hours and they had offered a number of
conditions. In addition the temporary
events operated without incident. The Sub-committee noted that the
capacity of the premises was 120.
 
The Sub-committee felt that the application
would not undermine the licensing objectives and the new conditions
especially on outside drinking have been added not to endanger
public nuisance and are in response to evidence from the
Responsible Authorities: the Police, the
Licensing Authority and local residents. The Sub-committee took
into account that the Licensing Authority felt it was necessary to
keep the area tidy and free of drinkers outside the premises.
 
The Sub-committee took into consideration that
there were no issues with the temporary events that were held at
the premises. The Sub-committee noted that the absence of off-sales
and a reduction in non-standard hours would help the public
nuisance in the area. The Sub-committee took into account the
representations from the Police and that they were content with the
removal of the non-standard hours.
 
The Sub-committee took into consideration that
each application is considered on its own merits.
 
Having taken all of the above factors into
consideration the Licensing Sub-committee was satisfied that this
application could be approved without the licensing objectives
being undermined.
 
.