Mr Ali detailed the application as outlined in the report.

Mr Charalambides, on behalf of the applicant, reported that the premise was a restaurant with a small bar area at the rear which had no seating as it was purely for table service only. The premise was not a take-away.

The applicant had previously been badly advised; an existing licence allowing the premise to operate until 23:00 was in place and this application should have been to vary that licence, not to submit a new application.

The applicant had talked with the EH officer and would be happy to accept a condition to the effect that the licence could not operate until a new extract system was in place and operating to the satisfaction of EH.

Mr Johnston, Environmental Health Officer, confirmed that he would be happy to see the hours of operation brought into line with the planning permission hours and whilst he was aware that a new extractor system was apparently in place that required some further works to achieve full compliance, he was not in a position to confirm this.

Mr Charalambides also noted that EH objections had also been made with regard to potential nuisance from public access and egress due to the late hours applied for. There was nothing to say what EH were actually concerned about in relation to the potential for noise and disturbance. It was therefore difficult to say whether it may be necessary to consider or determine an appropriate condition and this factor should not therefore be taken into account in considering the application.

Mr Greeno concurred with Mr Charalambides’ view regarding proportionate conditions and that factors covered by other statute could not be replaced or duplicated. The issue of the extractor fan fell within other statutory guidance.

Mr Johnston reported that the planning issue had been raised as it related directly to levels of noise. He had been advised that the air conditioning units had been removed which dealt with this issue. The extractor unit was located three metres away from the nearest residential unit. Whilst a silencer had subsequently been fitted that had reduced noise levels, the levels remained borderline. However, the premise was now looking to extend the opening times from 23:00 to 02:30 when background noise levels were much quieter. The effect of this may mean that noise levels from the unit could fall into the area of public or even statutory noise nuisance. It would be acceptable if the extractor unit and its operation complied fully with the requirements of the planning permission.

With regard to nuisance from patrons on access and egress, there were residential properties above and adjacent to the premise and the potential for noise could cause a public nuisance. EH had therefore proposed a terminal hour of midnight on Sunday to Thursday and 1am on Friday and Saturday.

In response to questions, Members were advised that there were numerous licensed premises along Hackney Road though Mr Johnston was not aware of a similar premise with the proposed hours within the general area.

The applicant confirmed that the extractor issue would be dealt with via planning. Noise on egress was not felt to be an issue as the premise was not seeking to operate music or dancing but to serve hot food until 2am at the latest with the premises closing after that. Nothing had been said or demonstrated to show how this would have any adverse effect caused by patrons leaving the premise.

There being no further questions, the Chair advised that the Sub Committee would now, at 7.33pm, adjourn to consider the evidence and legal advice submitted to them. The Sub Committee reconvened at 7.45pm and the Chair reported that the Sub Committee had

RESOLVED 

That the application for a New Premises Licence for Elegant BBQ, 388 Hackney Road, London E2 7AP, be GRANTED subject to amendment and the following conditions:

Hours Premises open to the public: 11:00 to 1:00 Sunday to Thursday, 11:00 to 02:00 Friday and Saturday

Sale of Alcohol (on sales only): 11:00 to 24:30 Sunday to Thursday, 11:00 to 01:30 Friday and Saturday

Provision of Late Night Refreshment: 23:00 to 24:30 Sunday to Thursday and 23:00 to 01:30 Friday and Saturday

No alcohol to be sold for consumption off the premises.

Alcohol only to be consumed with food purchased on the premises.

Members were satisfied that that the issues regarding the extraction fan unit were being dealt with by other statutory means and did not therefore feel that a condition regarding this point was necessary. The likelihood of public nuisance being caused during weekdays had resulted in the reduction in the attendant hours for this period.

The Licensing Officer would provide details of the decision and the right of appeal to the respective parties, in writing.