Agenda item

Report of Executive Director Supporting Communities

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities that was summarised by the Licensing Officer. The Panel was told that the application had been amended to reduce the trading hours to 9pm with a 30 minutes further opening time to allow the public time to leave the premises. 

Toby Daynes, Licensing Authority Responsible Authority welcomed the reduction in trading hours to 9pm and summarised the Authority’s written representation about the application being in the Camden Town Cumulative Impact Policy Area (CIPA). The impact on local residents and community concerns about the growth to saturation point of late-night premises in the area.  There was also a concern from the licensing authority that applications for smaller premises were being submitted to circumvent the licensing policy restrictions in the CIPA.    

           Patricia Thomas, Harmood Clarence Hartland Residents Association and Mark Neal a local resident, were attending as Interested Parties and summarised the points they had made in their written representations. They were grateful for the reduction in trading hours that the applicant had made. They spoke again about the links to the application that had been considered in agenda item 6 above. They were concerned about the two premises being next to each other and that the two applications had been submitted by the same applicant at the same time. If both applications were granted it would result in an additional 100 covers in the Cumulative Impact Policy Area. The Interested Parties did not view them as separate applications and were concerned about their cumulative impact on public nuisance issues, the lack of toilet facilities generally and the effect on the lives of local residents. They also expressed concerns about the proximity of the premises to new residential properties.  The Interested Parties did not consider either of the applications to be an exception to the policy to refuse new applications in the (CIPA).   

            The applicant Liam O’ Hare was represented by Mr Paddy Whur, of Woods Whur. Mr Whur told the Panel that not all licences granted for Stables Market were proceeded with.  This application was part of the redevelopment of the area and the premises was a traditional restaurant and dining area, with a limited alcohol offer available to customers.  The design of the premises would be branded to ensure that it looked significantly different to the application for Units 1-4 (item 6 on this agenda).   It would have its own staffing and CCTV system, operate within framework hours and would be a fantastic addition to the area.     

 In response to questions the Panel was told that:

·   The application was part of the same ethos as the adjacent Units 1-4.        There would also be fast dining at this premises but in a more tradition   restaurant setting

·  The application was an exception to the policy to refuse all applications      in the CIPA because it was a small premises with a small alcohol offering that would not add any cumulative impact

·  There was no potential for public nuisance with the modest amount of         alcohol that would be available to purchase with a meal

·  The applicant was work closely with pasta producers in Turin to provide     a product for a unique dining experience. The alcohol available would           be paired with the menu. The focus would be food and not alcohol led 

Final remarks -

There were no additional remarks from the Licensing Authority or interested parties.

Mr Whur told the Panel that the application represented a fantastic opportunity, met the exceptions to refusing applications in the CIPA, would not add any cumulative impact and the asked the Panel to grant the licence.

Decision and Reasons

The Panel noted and considered the written representations and the information they had heard at the meeting. During their deliberations the Panel discussed the proximity of application that had been approved in agenda item 6 above for the adjoining premises at Units 1-4 Stable Market. It was then the Chair’s decision that it had been demonstrated how the application had met the exceptions and rebutted to presumption to refuse application in a CIPA. Granting the application would not add any cumulative impact to the area and that the licensing conditions would uphold the prevention of public nuisance licensing objective. 

RESOLVED

THAT the licensing application be granted and that the following conditions should apply:

a)    Supply of Alcohol (For consumption on the premises)

11:00 - 21:00 Monday to Sunday

b)   Opening Hours 

09:00 - 21:30 Monday to Sunday

Summary of conditions consistent with the operating schedule.

1.      The maximum number of customers in the premises shall be 50.

2.      Alcoholic beverages shall only be sold to customers seated at tables and only when taking a table meal.

3.      The service of alcohol and food will be by counter service and waiter/waitress service.

4.      The premises licence holder shall ensure that CCTV cameras and recorders are installed at the premises and are of a standard acceptable and approved by the Police.

5.      The system shall be maintained in good working order and at all times the premises are open to the public, be fully operational covering both internal and external areas of the premises to which the public have access.

6.      The CCTV camera views are not to be obstructed.

7.      At least one CCTV camera is to be placed no more than seven feet above floor level near to the exit in order to capture clear facial images of all persons leaving the premises.

8.      The medium on which CCTV images are recorded shall be of evidential quality, stored securely shall be retained for a period of 31 days and be available for inspection by the Police or Local Authority upon request.

9.      At all times when the premises are open for the purposes of licensable activities, a suitably trained member of staff shall be present to assist the Police or an authorised officer in obtaining the CCTV footage.

10.  Copies shall be made available within 48 hours to the Police or Local Authority upon request.

11.  The facility to transfer the images to a compatible removable format shall be held on the premises.

12.  Signs must be displayed in the customer areas to advise that CCTV is in operation.

13.  2 SIA registered security officers will be at each end of the lane from 18:00 to close of business each night.

14.  A Challenge 21 policy will be enforced, where any person reasonably looking under the age of 21 shall be asked to prove their age when attempting to purchase alcohol and signs to this effect will be displayed at the premises. The only acceptable form of identity will be those with photographic identification documents recognised in the Home Office guidance Including passports, photo card driving licence or proof of age card bearing the PASS hologram.

15.  Vertical drinking is not permitted in the venue.

16.  No alcohol shall be consumed in the outside dining area after 21:00 hours.

17.  The premises licence holder must ensure that there are regular collections of glassware, crockery and litter within the premises, which will include the outside area and immediate vicinity.

18.  No irresponsible alcohol promotions.

19.  No open vessels of alcohol are to be removed from the premises at any time.

20.  No person carrying visibly open or sealed vessels of alcohol are permitted in the venue at any time that the premises are open for any licensable activity.

21.  At least one member of staff who holds a personal licence must be on duty whilst the premises is open to the public for licensable activities.

22.  Free portable water must be offered to customers who are ordering alcohol.

23.  Management and waiting staff will ensure that patrons utilising any external area, remain within the curtilage of the venue.

24.  The venue shall not engage the services of street promotors to encourage clientele to attend the venue.

25.  Police must be called to all incidents of violence and disorder.

26.  Notices will be prominently displayed within the premises advising the customers that CCTV is in operation.

27.  To remind customers about personal thefts and to be vigilant.

28.  The venue shall supply and fit suitable anti-theft devices such as table counter clips, in order that customers may secure their bags.

29.  Whilst the venue is open for licensable activities staff will monitor the areas where customers have access to ensure personal items are not being left unattended in the venue.

30.  Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.

31.  Exit doors shall be checked before opening each day to ensure they function satisfactorily.

32.  Furniture at the premises for customer use shall remain in position and not be removed.

33.  The Premises Licence holder shall undertake regular rubbish collections within the premises and in the immediate vicinity of the premises.

34.  Notices shall be prominently displayed at each exit from the premises asking patrons to be considerate neighbours when leaving.

35.  Regular litter and glass collections shall be carried out in all areas where customers are congregating.

36.  Notices will be displayed which will direct customers to the nearest toilet facilities.

To Note: All

Action By: Executive Director Supporting Communities