Agenda item
Licensing Act 2003 Application for variation of a Premises Licence for Retreat East Farm Shop, 20 - 22 Toynbee Street, London E1 7NE
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application the variation of the premises licence for Retreat East Farm Shop, 20-22 Toynbee Street, London E1 7NE. It was noted that objections had been received on behalf of the Licensing Authority, Environmental Health and local residents.
Mr Mike Nickson, Licensing Agent on behalf of the Applicant, confirmed the core element of the business would remain as a café, delicatessen and organic farm shop however the business was looking to extend its operating hours and was applying to vary the premises licence to allow for the sale of alcohol. Mr Nickson said the business intended to hold cheese and wine tasting events to invited guests in the evening. Mr Nickson said local residents had been written to and efforts had been made to explain the purpose of the variation of the licence. He said the main concerns were from the Responsible Authorities in relation to the premises being in the Cumulative Impact Zone (CIZ).
Mr Nixon explained the conditions that the Applicant had offered following a review of the Responsible Authorities’ objections. He noted that the premises would not be alcohol led and would operate within the Council’s framework hours. He said the application had been amended to state there would be no ‘off sales’ of alcohol after 18:00 hours on any day and said the business would not negatively impact the area or add to the issues already experienced in the cumulative impact zone.
Members then heard from Ms Lavine Miller-Johnson, who explained she was obliged to make an objection as the premises is located in the CIZ and believed the extra footfall in the area would add to the existing levels of public nuisance experienced in the area and that this would negatively impact the cumulative impact zone. She raised concerns regarding the ‘on sales’ of alcohol which would continue until 11:00 p.m. weekdays and 10:00 p.m. on Sunday. The amendment to Sunday timings having been made by Mr Nickson at the meeting. She said it was not clear what would happen to half-drunk bottles of alcohol from the ‘on sale’ purchases and how these would be disposed of.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer, who echoed the concerns raised by the Licensing Authority and expressed concern about the impact increased timings and the sale of alcohol would have on public nuisance and noise pollution. Ms Cadzow said she was pleased that some of the suggested conditions had been accepted and said that if the Sub-Committee were minded to grant the application then the four points raised in her email at page 9 of the supplement agenda should be considered.
In response to questions the following was noted:
· The Applicant was willing to limit off sales of alcohol from the application to 18:00 hours on any day and reduce the timings for the sale of ‘on sales’ of alcohol on Sunday to 22:00 hours.
· The Applicant’s agent clarified the premises was not a wine bar. The purpose of the sale of alcohol was to allow for private, invitation-only wine and cheese tasting events.
· The possible spillage of patrons onto the street and noise pollution, was not an issue as the premises as a seating capacity of 30 and the events would be by invitation only. Staff are trained to adhere to the licensing policy and are aware of maximum capacity.
· Mr Nickson confirmed his client would be willing to accept the proposed conditions put forward by Environmental Health, should the application be granted.
Both parties made closing remarks.
The Chair advised all parties that a decision would be made by the Sub-Committee once this meeting was over and a decision notice, including the reasons for the decision, would be sent out to all parties within five working days.
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard oral representations at the meeting made by the Applicant, the Applicant’s Representative and the Officers representing the Responsible Authorities objecting to the application, with particular regard to the four Licensing Objectives.
The Sub-Committee noted that the premises are in a cumulative impact zone (CIZ), and so, the effect of a premises subject to a licensing application being in a CIZ is that there is a rebuttable presumption that where relevant representations are received by one or more of the responsible authorities and/or other persons objecting to the application, the application will be refused.
The Sub-Committee noted that under the Council’s Statement of Licensing Policy, the Applicant can rebut the above presumption if they can demonstrate that their application for a premises licence would not undermine any of the four licensing objectives by not adding to the cumulative impact of licensed premises already in the CIZ.
The Sub-Committee considered that the onus lay upon the applicant to show through their operating schedule, with appropriate supporting evidence that the variation of the premises licence, would not add to the cumulative impact already being experienced.
The Sub-Committee noted the applicant’s representation that the impact of the variation of the premises licence if granted, would be mitigated by the proposed conditions put forward and would not add to the further saturation of the area as this was an existing business looking to expand its offer of cheese and wine tasting, at privately held events to invited guests in the evening.
The Sub-Committee noted the representations from the Licensing Authority, and Environmental Health regarding the impact of the premises on the Brick Lane Cumulative Impact Zone (CIZ) and concerns relating to noise nuisance and the dispersal of customers at the end of events and close of business.
The Sub-Committee therefore considered that it had not heard enough evidence that rebutted the presumption against granting the variation of the premises licence within the CIZ. For instance, the Sub-Committee were concerned that the applicant had insufficiently addressed how there would be no addition to the cumulative impact in the particular area in relation to the prevention of crime and disorder and public nuisance objective, especially given the extended times in which the premises would be operating in and the serving of alcohol to patrons and the general public.
The Sub-Committee was not satisfied that the operating schedule as presented at the Sub-Committee meeting rebutted the above presumption given the effect the premises would have on the local community and deemed there may be a significant impact the on the environmental health and neighbouring residents. This is especially so given the effect the noise, smoking and other related incidents of nuisance may have during the extended alcohol operating hours.
The Sub-Committee were therefore not satisfied that there were exceptional circumstances to justify a grant of the application, and were of the view that the applicant had failed to rebut the presumption against granting a variation of the premises licence for a premises situated in a cumulative impact zone, in that the applicant failed to demonstrate how they would not undermine any of the four licensing objectives by adding to the cumulative impact in the area.
Accordingly, the Sub-Committee unanimously;
RESOLVED
That the application for the variation of the Premises Licence for Retreat East Farm Shop, 20-22 Toynbee Street, London E1 7NE be REFUSED.
Supporting documents:
- ToynbeeSt20-22, item 3.1 PDF 341 KB
- ToynbeeSt20-22.APPENDIX_RED, item 3.1 PDF 3 MB
- Email Mr Nickson 170620, item 3.1 PDF 352 KB
- Letter to residents, item 3.1 PDF 234 KB
- email exchange Lavine, item 3.1 PDF 339 KB
- email to Nicola Cadzow 17 june, item 3.1 PDF 618 KB