Mr Greeno advised that there had been discussion between the parties before the meeting resulting in one area of dispute remaining: the terminal hour of the premises on Friday and Saturday. The applicant sought to close at 2am whilst residents wished to see the premises close no later than 1am.

A minor variation had also been agreed; that refreshment would be provided indoors only. No off-sales were proposed and there would be no public access to the roof terrace at the rear. The sale of alcohol would only be with food and the premises licence covered the ground floor and basement area only.

Mr Greeno also confirmed that the hours for the sale of alcohol were until 11pm on Monday to Thursday with the premises closing 30 minutes later. The remaining concern of Environmental Health and residents was therefore the potential nuisance to residents by the proposed terminal hour on Friday and Saturday.

Mr Cruse drew Members attention to Appendix 2, which detailed the observations of the Police and conditions proposed by them, also that the application had substantially reduced the weekend opening hours proposed in the original application. Police conditions should be considered in the context of the original proposal.

Mrs Curtis reported that the terminal hour was considered too late due to the potential noise nuisance to residential properties which were located in close proximity to the premises. Noise nuisance to these properties was well documented through other licensing hearings and the problem was the licensee’s inability to manage the behaviour of patrons once they had left a premise. The bar opposite closed at 11pm throughout the week in order to protect resident’s amenity and there was no other premise in the immediate locality that opened as late as proposed by this application.

Mr Tamba, Environmental Health, concurred with Mrs Curtis’ comments. Concern remained as to the noise and disturbance caused by patrons dispersing at a time when background noise levels were lower. There was also residential property directly above the premises.

Members were advised that the capacity of the premises was 50 covers and that it had previously operated as a café that had not been open in the evening. Mr Greeno outlined the original application that had been submitted and which had included regulated entertainment. He advised that following negotiations with the Police and EH, the application had been revised as detailed in the report.

Mr Greeno also advised that the condition clause ‘no nudity’ referred to the change in the Licensing Policy; where no adult entertainment was specified but regulated entertainment was sought; a no nudity clause would be a condition of the licence.

There being no further questions, the Chair reported that the Sub Committee would now, at 7.50pm, adjourn to consider the evidence presented.

The Sub Committee reconvened at 8.05pm and the Chair reported that Members had resolved:

That the application for a new Premises Licence for Rosa Restaurant, 12 Hanbury Street, London E1 6QR, be GRANTED subject to amendment and the following conditions:   

Hours Premises is open to the public: 11:00 to 23:30 Sunday to Thursday, 11:00 to 00:30 Friday and Saturday

Sale of Alcohol (on sales only): 11:00 to 23:00 Sunday to Thursday, 11:00 to 00:00 Friday and Saturday

Late Night Refreshment: from 23:00 on all days

Hours for the Provision of Regulated Entertainment: 11:00 to 23:00 Sunday to Thursday, 11:00 to 00:00 Friday and Saturday

No nudity

Waste materials shall not be placed in the external bins during night hours (23:00 to 07:00)

If a Temporary Event Notice is in place allowing regulated entertainment then the doors to the premises shall not be kept in the open position whilst regulated entertainment is in progress

All reasonable steps and regular monitoring by the landlord and his staff shall take place to ensure that customers entering and leaving the premises do so in an orderly manner so as not to cause disturbance to nearby residential properties or annoyance to people passing the premises

Full details as to the construction of the restaurant ceiling be provided to the nominated EHO within 28 days. If the make up of the ceiling is determined inadequate in terms of acoustic qualities then the nominated EHO will recommend further works. If these works cannot be agreed then the mater is to be remitted back to a Licensing Sub Committee for determination of the works.