Content

RESOLVED:
 
The Decision of 11th
November 2024
 
The Licensing Sub-Committee, in considering
this decision from the information presented to them within the
report and at the hearing today 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 amended application for a premises licence
has been approved in accordance with the Council’s Statement
of Licensing and the proposed conditions set out in paragraph 8.1
of the report:
 
· 
The hours for licensable activities at the premises, shall be:
 
Sale of Alcohol (on
and off the premises)
 
Sunday  
   11:00 - 21:30
Monday to Thursday    12:00 - 22:00
Friday 
    12:00 - 22:30
Saturday 
11:00 - 22:30
 
Opening hours of the
premises 
 
Sunday  
  
08:00 - 22:00
Monday to Thursday    07:00 - 22:30
Friday 
    07:00 -
23:00
Saturday     
08:00 - 23:00
 
 
And the following additional
condition:
 
· 
The Premises Licence Holder shall submit a written Dispersal Policy
including crowd control requirements for approval to the Licensing
Authority and the Police. The approved Dispersal Policy shall be
implemented at the premises. All staff shall be briefed 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.
 
Reasons for the
Decision
 
The amended 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. 
 
The Sub-committee took into consideration that
the Metropolitan Police Service (“the Police”), the
Environmental Protection Service and Environmental Enforcement
Service had withdrawn their representations, and agreed conditions
with the Applicant in advance of the hearing. The Sub-committee
noted that there were no other objections from the other
Responsible Authorities.
 
The Sub-committee took into consideration the
7 objections to the application from Other Persons (local
residents) under the four licensing objectives. The Sub-committee
took into consideration the concerns raised by local residents
about the premises operating until 23:00, which would have a
negative impact on the local residents and their families that live
above the premises. The local residents contended that the late
hours would increase crime and disorder, anti-social behaviour, and
public nuisance in the residential area. In addition, the local
residents made representations that the premises would impact the
public safety, and well-being of the local residents, and it would
change the structure of the residential area including patrons
smoking outside the premises and blocking the entrance to their
residential building.
 
The Sub-committee took into account the
representations made by the Applicant’s legal representative
that this was an Italian family business. The premises sold
pastries and pasta. The Applicant has an open door policy for all
local residents to raise their concerns about the premises. The
Applicant carried out a consultation and there was no response from
local residents. The Applicant has amended the operating hours
ending licensable activity at 22:00 on Monday to Thursday and
closing at 22:30, and on Sundays licensable activity will end at
21:30 closing at 22:00. The Sub-committee noted that the Applicant
tried to address any concerns by an open email to local residents
on 18th September 2024.
 
The Sub-committee took into consideration that
the premises are located in close proximity to a residential area,
and there is no cumulative impact in the area. The Sub-committee
considered that the premises will be operating within core hours in
accordance with the Councils Licensing Policy LP3.
 
The Sub-committee noted that the premises will
be located in a modern building and the Applicant intends to have
events with local artists performing. The Applicant’s legal
representative contended that the windows and doors will be closed
to prevent noise nuisance. The premises has seating of 35, and if there is a music recital
the numbers of people will increase slightly. The premises will be
considering low impact extractor fans to prevent any public
nuisance to local residents. It was noted that the Applicant is
looking forward to being part of the community and supporting
community events.
 
The Sub-committee decided to grant the
premises license as it will not undermine the licensing objectives,
and there were no Response Authorities objecting to the
application. The Sub-committee were satisfied with the number of
smokers permitted, and that a revised dispersal policy addressing
crowd control measures will be submitted to the Licensing Authority
and agreed with the Police to prevent any public nuisance.
 
The Sub-committee noted that any live music
will be low-key, and that the Applicant agreed to reduce the
operating hours within core hours. The Sub-committee took into
consideration that the conditions 8 - 29 as set out at paragraph
8.1 of the Licensing Report had been proposed and agreed by the
Applicant mitigated any impact the ?application may have on the
area and will help the premises operate responsibly.
 
The Sub-committee felt that the conditions
addressed the concerns raised by the local residents. The
Sub-committee took into consideration that the conditions
included:  Condition 14 - off-sales to
be sold in sealed containers, condition 17 smokers are allowed from
22:00 hours restricted to 5 people at one time, and condition 26
prohibits outdoor drinking. In addition, conditions 18 and 28
require notices to be put up in the external area to make customers
aware to leave quietly. Condition 27 deals with management of
queuing outside the premises, and condition 29 requires the
Applicant to implement a smoking policy to prevent public
nuisance.
 
The Sub-committee felt the Applicant
demonstrated that they were prepared to work with local residents
and the Responsible Authorities to prevent any antisocial behaviour
or public nuisance.
 
 
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 Sub-committee was satisfied that by granting this
premises licence that the licensing objectives would not be
undermined.
 
Public
Informative
 
1. 
The Premises Licence Holder is encouraged to work with local
residents and the Responsible Authorities to prevent any public
nuisance or negative impact in the area.
 
2. 
The Premises Licence holder is encouraged to use sustainable
cutlery, plates, cups, food containers, and recyclable disposable
materials and to avoid using single-use plastic disposable
items.