Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 2, 2024

Purpose:

Content: 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Monday)   Tuesday    10:00 - 22:00 Wednesday to Friday    10:00 - 23:00 Saturday    12:30 - 23:00     ·  Recorded music withdrawn from the Application.   ·  Late Night Refreshment withdrawn from the Application   ·  Non-Standard Hours removed from the Application   And the following conditions to be added to the premises licence:   ·  That any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.