Agenda item
Application for a Variation of the Premises Licence for Boho Mexica - 151-153 Commercial Street, London, E1 6BJ
Minutes:
At the request of the Chair, Mr Alex Lisowski, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Boho Mexica, 151-153 Commercial Street, London E1 6BJ. It was noted that objections had been made by local residents.
At this point Mr Graham Hopkins, Licensing Representative on behalf of applicant made of a point that the decision by date for this application had been expired. Members retired to receive advice from the Legal Officer. The Chair reconvened the meeting and stated that the required notification for a hearing was given to the applicant, however due to the Elections, new membership of the committee and members having the relevant mandatory training a short delay had been made in hearing this application however Members believe that notice was given to the applicant and no issues or concerns had been raised regarding this prior to the meeting.
Mr Hopkins then briefly introduced the nature of the application he stated the application had been amended, and the hours requested for outside tables and chairs had been reduced to 12:00 to 21:00 all week, the request for recorded music to be played outside had been withdrawn and all licensable actives was to be amended to 00:00 hours (midnight). He also noted that they had accepted the conditions recommended by the Police in relation to CCTV cameras and also offered additional conditions.
Mr Hopkins accepted that the premises was within the special cumulative impact zone, however, believed that the hours applied for would not have a negative impact on the area. He also highlighted that there had been no complaints to date and stressed that the extended hours were important to the viability of the business.
Members then heard from PC Mark Perry, Metropolitan Police, who explained that one more venue staying open till late would only compound the problems in the cumulative impact zone. He also stated that a slow creep in hours would affect the area. It was also noted that a variation for this premises had been refused twice before prior to this application. PC Perry also pointed out that one of the conditions offered by the Applicant regarding a noise limiter was already on the current licence and therefore questioned whether this condition was being adhered to currently.
PC Perry also stated that having tables and chairs outside the premises would lead to congestion on the pavements especially during weekends.
In response to questions it was noted that the restaurant had 70 covers, that there would be staff at the door supervising the outdoor area and that the sale of alcohol would be for on sales only.
The Chair advised that the Sub Committee would at 3.30pm adjourn to consider the evidence presented. The Members reconvened at 3.40pm. The Chair reported that;
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 Licensing Guidance and the Council’s Statement of Licensing Policy.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had taken account of the written evidence submitted by the objectors and the submission made on behalf of the Applicant.
Members noted the concerns of public nuisance and crime and disorder reported by the objectors and believed that the gradual creep in hours would be lead to an increase in public nuisance and crime and disorder and likely to cause a negative impact on the cumulative impact zone with more people staying for longer within the cumulative impact zone and that there were no conditions that could be added to alleviate these concerns and promote the licensing objectives. Therefore Members were not satisfied that the licensing objectives would be upheld.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a Variation of the Premises Licence for Boho Mexica, 151-153 Commercial Street, London E1 6BJ be REFUSED.
Supporting documents: