Agenda item
Application for Variation of a Premises Licence for Ottolenghi, 11 Artillery Passage, London, E1 7LJ
Minutes:
At the request of the Chair, Mr Alex Lisowski, Licensing Officer, introduced the report which detailed the application for the variation of a Premises Licence for Ottolenghi, 11 Artillery Passage, London, E1 7LJ. It was noted that objections had been made by a local residents and the Metropolitan Police. A supplemental agenda for this item had been previous circulated.
The Chair then invited the applicant’s representativeAlun Thomas to make his representations accompanied by the applicant Noam Bar and he provided the following information in support of the application:
- That the Applicant had offered to amend the hours for the sale of alcohol (off sale) to 09:00-23:00 to be sold in a sealed container only.
- The variation also sought permission for no more than 15 customers to drink alcohol without a meal in a seated area up to 23:00. These customers would be encouraged to buy food. The premises would mainly be selling high quality wine.
- The Applicant would remove the license for regulated entertainment if granted.
- The proposed amendments should address the objections about late night nuisance.
- Explained the reasons for wishing to sell alcohol for consumption off site (in the interests of hospitality, to complement the services in the delicatessen area where the ‘off sales’ were to be sold).
- That the main entrance of the premises would be on Artillery Way not Artillery Passage. Therefore, there should be no smokers at that point.
- Given the nature of the restaurant and the proposed changes, there should be no additional impact on the Cumulative Impact Zone (CIZ). Case law suggested that such issues needed to be considered when looking at the impact on the CIZ.
- The Applicant would continue to engage with the residents
Members also heard from PC Alan Cruickshank, Metropolitan Police. Whilst noting the conditions offered by the Applicant and that it was unlikely that the plans should increase street drinking, he considered that the application should still be properly scrutinised to ensure that its impact on the CIZ and residents was acceptable
Members then heard from the local residents David Richards and Robin Moore.
- They welcomed the amendments to the application. However, expressed concern about disturbance from the people drinking in the bar without a meal. Such activity should only be permitted with a tabled meal until 11pm.
- Concern was also expressed about disturbance from smokers outside, particularly late at night. Steps should be taken to minimise this.
The Licensing Objectives
In considering the application, Members were required to consider the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office 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 heard representations for interested parties. Members heard representations and considered the licensing objective for the prevention of public nuisance and crime and disorder.
In reaching their decision, the Panel took into account the amendments offered by the Applicant: to limit hours for the sale of alcohol (off sales) to 23:00 Monday to Sunday to be sold in sealed containers only; that a maximum of 15 customers be permitted to drink alcohol without a meal in the bar area until 23:00 and to be seated and to withdraw the regulated entertainment licence. It was noted that these measure should help minimise late night disturbance. It was also noted that the sale of alcohol for consumption off premises would take place from the delicatessen area that closed at 21:00.
Nevertheless, Members were also mindful of the representations of the Metropolitan Police and residents about the impact on neighbouring amenity from activity from the premises given it was located in the cumulative impact zone (albeit at the fringe). Specifically, they noted the concerns about anti-social behaviour and disturbance outside the premises at night, particularly from the consumption of alcohol in the bar area and smoking outside.
In view of the above issues, the Panel agreed to grant the license but to reduce the hours for the sale of alcohol (off sale) to 21:00.The Panel also agreed to a number of other safeguarding conditions to prevent public nuisance and crime and disorder.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a Variation of a Premises Licence for Ottolenghi, 11 Artillery Passage, London, E1 7LJ be GRANTED subject to the following:
Sale of Alcohol (on sales)
· Monday to Saturday from 08:00hrs to 00:00hrs (midnight)
· Sunday from 08:00hrs to 23:30hrs
Sale of Alcohol (off sales)
· Monday to Sunday from 10:00hrs to 21:00hrs
Removal of the following from the license.
· The provision of regulated entertainment in the form of Live Music, Recorded Music and Dancing
Conditions
· Sale of Alcohol (off sales) sold in sealed containers
· No consummation of alcohol in the outside area of the premises.
· Maximum of 15 customers be permitted to drink alcohol without a meal in the bar area until 23:00 and to be seated.
· No more than four smokers be permitted in the outside area after 21:00
Supporting documents:
- Ottolenghi cover report, item 3.2 PDF 108 KB
- Ottolenghi Appendices Only, item 3.2 PDF 7 MB
- 11 Artillery Passage, item 3.2 PDF 33 KB
- Ottolenghi Supporting Documents, item 3.2 PDF 426 KB