Agenda item
Application for a New Premises Licence for The Grocer, 4 Crispin Square, Crispin Place,London, E1 6DW
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for The Grocer, 4 Crispin Square, Crispin Place, London E1 6DW. It was noted that there had been objections from local residents and the Metropolitan Police.
At the request of the Chair, Mr James Anderson, Licensing Representative on behalf of the Applicant asked to amend the application to include a 20 minute drinking up time within the hours applied for.
Mr Anderson noted the Cumulative Impact Zone and the remits of the Policy and was aware this was against the introduction of new premises licences. However he explained that there was already an existing premises licence for this venue and therefore was not adding a new premises licence but merely replacing an existing licence.
It was noted that this was a different style of business and not a like for like application as the venue was a currently a restaurant. It was noted the application was for a public house with a strong emphasis on food.
Members were shown maps and photographs of the premises and explained that there would be little change to the plans except for an introduction of a new outside seating area called the northern terrace, having a capacity of 60 seats giving customers more opportunity to sit. He also referred to the noise impact report which considered that there would not be a significant noise impact arising from the change in use.
Members then heard from Mr Ed Turner, Applicant, who explained that he was in the process of applying for planning permission for the change of planning use from a A3 premises to A4 premises and was looking to run a good well managed company. He explained that he had invested a lot of money into the premises and would not want to jeopardise relations with local residents. He explained that It was not an entertainment venue or live music venue but would be selling good drinks and good food, and together with his 19 years of experience in the industry he was confident that it would benefit the community.
At the request of the Chair, PC Alan Cruickshank, Metropolitan Police explained that Crispin Place and the surrounding area was already very busy in terms of licensed premises and if this licence was to be granted it would be the first public house inside the market area. It was noted that pubs attract more people who are specifically there for drinking alcohol although some will also consume food. It was further noted that the saturation policy was intended to reduce the number of vertical drinking establishments in the CIZ. Since the introduction of the policy and the CIZ, licences have been granted in this area but the continuing introduction of new licensed premises in relation to pubs would only compound the problems in the CIZ. This would also give potential rise to crime and disorder and noise nuisance from the seating area outside.
PC Cruickshank’s view was to refuse application, however if Members were minded to grant the application, he suggested that conditions be placed on the licence.
Members then heard from Steve Cousins, Michael Myers and Jon Shapiro, local residents who shared similar concerns that another licensed venue in the area would increase anti-social behaviour, attract more young drinkers, increase noise nuisance and public nuisance associated with drinking establishments. It was also noted that the previous landlords had stated that there would be no pubs inside the market area.
In response to Member’s questions the following was noted;
- That the reason for the change of planning use from a restaurant to a Pub was because the landlord wanted a variety of venues in the area.
- That the operator had 19 years of experience in this particular trade and altogether had 39 licensed premises across London.
- That there were CCTV cameras inside and outside the premises, that there would be regular training for staff and waste and rubbish would be removed and the area cleared by 11pm each day.
- That there had been no objection from Environmental Health.
- That the closest residential dwelling was directly opposite the premises.
- The current premises licence hours were also noted.
In conclusion Mr Shapiro stated that key issues of objection were that it was within the Saturation Zone and that a new pub licence should not be allowed in the CIZ area.
Mr Anderson concluded that this was an opportunity for the area, a balanced licence with lots of seating making vertical drinking a minimum, that quality drinks would be sold with quality food and envisaged to do all this without causing problems to local residents. He also stated that the Applicant would be happy to work with local residents to help address their concerns.
Members retired to consider their decision at 4.45pm and reconvened at 5.00pm.</AI4>
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.
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 from the Applicant’s representative, the Applicant and objections from PC Alan Cruickshank and local residents.
Members noted the concerns of public nuisance and noted the fact that the premises was within the cumulative impact zone. However Members noted how the Applicant had agreed to various conditions prior to the meeting to address the concerns of residents and the responsible authority.
It was noted that the Police objection related to the premises being in the cumulative impact zone. It was also noted that having regard to paragraph 8.4 of the Licensing Policy, there was a rebuttable presumption in respect of granting an application where a representation is made. Having regard to the hours applied for, the location of the premises and the conditions offered, Members were satisfied that the operation of the premises would not add to the cumulative impact zone.
Members reached a majority decision and the decision was to grant the application with conditions. Members noted that the premises was within the cumulative impact zone, however, Members were satisfied that having seen the evidence prior to and at the meeting, the Applicant had done everything they could to mitigate further impact within the cumulative impact zone and Members were content that the additional conditions imposed in relation to off sales, restrictions on the use of the outside areas and allowing drinking up time would further help promote the licensing objectives.
Decision
Accordingly, the Sub-Committee –
RESOLVED
That the application for a New Premises Licence for, The Grocer, 4 Crispin Square, Crispin Place London E1 6DW be GRANTED with conditions.
Sale of Alcohol (on sales only)
Monday to Saturday from 10:00 hours to 22:30 hours
Sunday from 10:00 hours to 21:30 hours
Hours Premises is open to the Public
Monday to Saturday from 10:00 hours to 23:00 hours
Sunday from 10:00 hours to 22:00 hours
Conditions
1. There shall be no off sales
2. There shall be no customer use of the northern terrace after 20:00 hours on any day (The northern side is all areas north from the main entrance doors as detailed on the map)
3. There shall be no customer use of the southern terrace after 22:00 hours on any day (The southern side is all areas south from the main entrance doors as detailed on the map)
4. Wheneverthe premisesare openfor licensableactivities thenthe followingminimum number of seats willbe maintained:-
a. Inthe northpatio area- 40
b. Inthe southpatio area-60
5. Waiter/waitressservice willalways beavailablein thewhole ofthe premises.
6. The CCTV system shallincorporate arecording facilityand anyrecordings shallbe retained andstored ina suitableand securemanner fora minimumof 31days .A systemshall bein place tomaintain thequality ofthe recordedimage anda completeaudit trailmaintained. The system willcomply withother essentiallegislation, andall signsas requiredwill be clearlydisplayed. Thesystem will;be maintainedand fullyoperational throughoutthe hours that thepremises areopen forany licensableactivity. '
There mustalso besomeone onthe premises,who candownload theimages andpresent them on requestby a PoliceOfficer orother ResponsibleAuthority .
7. An incident logshall be kept atthe premises and made available onrequest to anAuthorised Officerof theLocal Authorityor thePolice whichwill recordthe following:-
a. Allcrimes reportedto thevenue.
b. Allejections ofpatrons fromboth insideand outsidethe premises.
c. Anycomplaints receivedconcerning crimeand disorder.
d. Any complaints receivedfrom any local residentsor Residents'Association inrelation tothe premises.
e. Anyfaults inthe CCTVsystem .
f. Anyrefusal ofthe saleof alcohol.
g. Anyvisit bya ResponsibleAuthority .
8. Substantialfood willalways beavailable wheneverthe premisesare opento thepublic.
9. Thepremises willif invitedto doso meet withthe localResidents' Associationpromptly to discuss anyconcerns inrelation tothe operationof thepremises.
10. The Premises LicenceHolder andDesignated PremisesSupervisor willbe responsiblefor training ofall staffwho havedirect dealingswith customerson thefollowing :-
a. Licensinglaw andin particular thatrelating tothe saleof alcohol.
b. TheChallenge 21Policy.
c. ThePremises Licenceand itsconditions.
d. Themanagement ofthe outsideareas andhow toencourage, ifnecessary, goodand quiet customerbehaviour.
e. Vigilancein relationto security insidethe premises and inparticular relatingto customers' personalpossessions .
This trainingwill berecorded andwill berefreshed every6 months and recordswill beavailable to theAuthorised Officerof theCouncil andPolice.
11. The Designated PremisesSupervisor ,management and staffwill beresponsible for managingthe outsideareas andif necessarywill encouragecustomers tobe respectfulof thepresence oflocal residents.
12. Noticesreminding customersto berespectful oflocal residentsand tobe quiet when leavingthe premiseswill bedisplayed atthe exitof thepremises.
13.AChallenge 21Policy willbe operatedat thepremises in relationto thesale of alcohol.
14. Any musicemanating fromthe premises mustnot beaudible atthe nearestaffected facade.
15.Nomusic isto be playedin theoutside area.
16. Loading and unloading shall be restricted to:
Monday to Friday (08:00hrs- 18:00hrs)
Saturday (08:00hrs to 13:00hrs)
Not at all on Sundays and bank holidays.
17. The area outsideand aroundthe immediatevicinity ofthe premiseswill becleared andmaintainedin aclean andsatisfactory state.
Supporting documents:
- The Grocer cover report, item 3.1 PDF 88 KB
- The Grocer Supp Bundle 30.10.14, item 3.1 PDF 2 MB
- The Grocer Additional Representation, item 3.1 PDF 60 KB
- The Grocer Appendices Only v2, item 3.1 PDF 3 MB