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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:
 
Sale of Alcohol (On
the premises)
 
Tuesday 
12:00 - 21:40
Wednesday to Friday    12:00 - 22:40
Saturday 
  12:30 -
22:40
 
Sale of Alcohol (Off
the premises)
 
Tuesday 
  12:00 -
22:00
Wednesday to Friday    12:00 - 23:00
Saturday 
  12:30 -
23:00
 
The Opening hours of
the premises
 
(closed Sunday – Monday)
 
Tuesday 
  10:00 -
22:00
Wednesday to Friday    10:00 - 23:00
Saturday 
  12:30 -
23:00
 
 
· 
Recorded music withdrawn from the Application.
 
· 
Late Night Refreshment withdrawn from the Application
 
· 
Non-Standard Hours removed from the Application
 
And the following
conditions to be added to the premises licence:
 
· 
That any external seating area would be closed from 21:30, with all
tables and chairs rendered unusable.
 
· 
No deliveries shall be permitted between 08:00-18:00 each day.
 
· 
No more than 10 customers shall be permitted in the outside
· 
area at any one time.
 
· 
Waste and glass collection would be restricted to between
08:00-18:00.
 
· 
Save for off-sales, alcohol will only be served to customers with
food.
 
· 
The Premises Licence Holder shall operate the premises as a
delicatessen.
 
· 
The Premises Licence Holder shall not operate the premises as a
wine bar.
 
· 
The Premises Licence Holder shall ensure sufficient measures are in
place to remove and prevent litter or waste arising or accumulating
from customers in the area immediately outside the premises, and
that this area shall be swept  and or washed and litter and sweepings
collected and stored in accordance with the approved refuse storage
arrangements by close of business.
 
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 Metropolitan Police (“the Police”) agreed
conditions with the Applicant and withdrew their representation.
The Sub-committee took into consideration that 7 Other Persons
(local residents) made representations objecting to the application
on the grounds of the four licensing objectives and one local
resident withdrew their representation after agreeing to the
conditions proposed.
 
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 from the Applicant’s legal representative who
made representations that Nekter Deli
is a Delicatessen stocking high quality unusual, well sourced
products. They have a retail wine sale offering the best
specialised new world new wave wine list in the UK. There will be
dine-in option focussing on pairing deli food products from the
store with optional wine-pairing by the glass. The premises
is community focused offering discounts
and concierge service for residents and offering regular learning
sessions. The Applicant’s legal representative contended that
the premises is not alcohol lead and there will be 20 customers. It
is a small premises with low impact on
the area.
 
The Applicants legal representative made
representations that they had local resident meetings and that the
objections against the application are less than one percent of the
number of residents in the flats. The Applicant has engaged with
local residents and none of the Responsible Authorities are
objecting to the application. The Applicant’s legal
representative confirmed that the premises had planning permission.
The premises have always been a mixed use area.
 
There are two residential blocks in close
proximity to the premises. The Licensing Sub-committee took into
consideration representations that the premises will be a deli shop
first during the day and selling of dell products, and in the
evening the deli shop will have a dining option pairing wines, and
it will be a community shop with community events. The main focus
is on selling wine and deli food to the community. The Applicant is
not proposing to open a bar, it is a
deli business.
 
The Sub-committee took into consideration that
there were 7 objections from local residents who had concerns about
the impact the premises will have on the residential area and
families particularly late at night. The Sub-committee took into
account that local residents made representations that they would
be affected by smoking outside of the premises and under their
flats. The local residents made representations that the business
is not appropriate to the residential area and will have a negative
impact. The Sub-committee noted that the premises is 1 m above
where the local residents live and the proposed closing of 23:00
will result in issues with public safety, public nuisance and
antisocial behaviour and concerns about late night waste
management. The local residents contended that there is a high
concentration of premises in the area, and another premises will
just add to the noise and antisocial behaviour in the area. It was
noted that the local residents maintained their objections.
 
The Sub-committee took into consideration that
the customers will walk 15 metres from the premises to get to the
smoking area. The Sub-committee took into account that the
Applicant is an experienced operator and the premises has floor to
ceiling glass and the staff at the premises will be monitoring the
premises both inside and outside. The Sub-committee took into
consideration that the application is seeking less than core hours
and it is not in a special policy area. The Sub-committee took into
account that the Applicant had agreed to a number of conditions to
make this application acceptable and there was a letter of support
for this application provided by the landlord of the premises.
 
The Sub-committee noted the hours granted are
lower than on the current licence. The Sub-committee took into
consideration that the Applicant offers various policies and they
did not feel that the application would undermine the licensing
objectives.
 
The Sub-committee felt that substantial food
would be available at all times, and they took into consideration
that the responsible authorities had withdrawn their objections.
The Sub-committee took into account that the Applicant had engaged
with local residents to try and overcome any objections. The
Sub-committee took into consideration that the Applicant agreed to
remove off-sales from the application.
 
The Sub-committee had no concerns about
preloading and they took into consideration that the outside area
will be closed as agreed with the Applicant from 21:30 hours. The
Sub-committee took into consideration the conditions that have been
agreed to prevent the licensing objectives being undermined.
 
The Sub-committee took into account that the
premises would not be open on a Sunday and Monday and the
Sub-committee felt that the Applicant demonstrated that they are a
responsible operator.
 
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.
 
Public Informative
 
The Premises Licence Holder is encouraged to
continue working with local residents and Responsible Authorities
to prevent any public nuisance or negative impact in the area.