Agenda item
Application for a New Premises Licence for (External Terrace Outside Cau Restaurant 1), Commodity Quay, St Katharine Dock, London E1W 1AZ
Minutes:
At the request of the Chair, Ms Kathy Driver, Principal Licensing Officer, introduced the report which detailed the new application for Cau Restaurant, (External Cau Restaurant 1) Commodity Quay, St Katherine Dock, London E1W 1AZ. It was noted that objections had been received by local residents.
At the request of the Chair, Mr Gary Grant, Legal Representative on behalf of the Applicant explained that Cau was part of a large chain of restaurants, and also part of the Gaucho Group and was professionally run by experienced staff. He said that it was a modest application and that the restaurant had been trading without any complaints.
He referred Members to page 17 of the supplemental agenda which showed the area applied for licensable activities, he said that the Applicant had permission to use this area for customers to dine outside. He said that all representations wrongly made reference to the existing seating area outside the premises and he confirmed that this area was already licenced and therefore not subject to the application.
He said that there were general complaints at St Katharine’s Dock but the premise was 75 metres away from any residential homes. It was noted that there were other premises in the local vicinity which had provisions for outside dining and those premises were located under flats/Ivory House.
Mr Grant acknowledged there may be noise nuisance, as St Katherine Docks was a mixed use area but he stressed the fact that it was not from the premises itself. He emphasised that the hours applied for were below the framework hours. He said that the sale of alcohol would only be available to those who were dinning at the premises and that the area would have a maximum of 34 covers and would be supervised by management.
Members heard from Ms Heather Wilshire and Mr Michael Wilshire, local residents who expressed similar concerns around noise breakout and public nuisance, it was also noted that noise travelled across water and would impact on the residents living in Ivory House. Mr & Mrs Wilshire also stated that they had been assured by the Landlord that they would not allow seating outside the premises.
Members then heard from Mr David Leonard representing the Friends of St Katherine Docks who expressed concerns about sufficient access and egress on the walkway, and the obstruction of fire exits. He acknowledged that the premise was 75 meters away from residents’ homes. However, it was noted that that noise travelled across water and therefore there would be an increase in noise. He said that the other premises had strict conditions and suggested reduced hours of operation, serving of alcohol to cease at 9.00pm and the area closed by 9.30pm.
In response to questions from Members the following was noted;
- The objectors stated that the previous Landlords had promised Ivory House residents that restaurants would have no seating outside.
- The Applicant stated that the Landlords said that they would not object to outside dining as long as there was sufficient walkway and fire exits were not obstructed.
- That alcohol would only be supplied with a meal
- That there would be no more than 34 covers outside in the external area.
- That no responsible authorities had objected to the application.
- That the Applicant had offered to reduce their hours to 9.30pm for the sale of alcohol and the area to be cleared by 10pm.
- The Applicant also offered to exclude a part of the licenced area (hatched black on the plan) so not to obstruct the walkway.
Members retired to consider their decision at 7.15.pm and reconvened at 7.40pm.
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 representation from the Applicant’s representative and objectors.
Members recognised that the area was a mixed commercial and residential area and that Ivory House was directly opposite the premises and that noise did travel over water and therefore accepted that this could cause nuisance for residents.
Members also welcomed the efforts made by the Applicant to alleviate the concerns of residents by offering a reduction in hours and restricting a part of the licensed area to allow access and egress.
Members reached a decision and the decision was unanimous. Members granted the application subject to conditions to help prevent public nuisance.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Application for a New Premise Licence for (External Terrance Outside CAU Restaurant 1), Commodity Quay, St Katherine Dock, London E1w 1AZ be GRANTED with conditions.
Sale of Alcohol (On and Off Sales)
Monday to Sunday from 09:00 hours to 21:00 hours
The Opening Hours of the Premises
Monday to Sunday from 07:00 hours to 21:30 hours
Conditions
1. There will be no more than 34 external covers
2. The area shown as hatched black on the plan is excluded from the license area.
3. The sale by retail of alcohol shall be ancillary to persons dining in the external area.
Supporting documents:
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Cau cover report, item 3.1
PDF 99 KB
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Cau Appendices Only, item 3.1
PDF 2 MB
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Cau - Appendix 15, item 3.1
PDF 386 KB
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Cau Supporting Documents, item 3.1
PDF 5 MB