Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: November 11, 2024

Purpose:

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Police Service (“the Police”), the Environmental Protection Service and Environmental Enforcement Service had withdrawn their representations, and agreed conditions with the Applicant in advance of the hearing.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.