Agenda item

The Laundry Restaurant, 374 Coldharbour Lane, London, SW9 8PL (Coldharbour)

Minutes:

Presentation by the Licensing Officer

The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to Chapters 2, 3, 8, 9, 10 and 15 of the Statutory Guidance, and to sections 5, 6 and 14 and Appendices 1-7, of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraphs 6.2 of the report on pages 28 of the agenda papers.

 

The Licensing Officer confirmed:

 

·      This was an application for a new premises licence.

·      The application was for the sale of alcohol and late-night refreshment.

·      The newly proposed operating hours for licensable activity were Sunday - Wednesday 10:00 to 23:00 and Thursday to Saturday 10:00 to 00:00.

·      The premises would close half an hour after licensable activity was completed.

·      Representations had been received from the Licensing team and 14 residents.

·      Two residents were in attendance to address the Sub-Committee regarding the application.

·      Supporting documents could be found on pages 29-50 of the agenda papers.

·      Plans could be found on page 51 of the agenda papers.

·      Representations could be found on pages 53-78 of the agenda papers.

·      The original proposed conditions could be found on pages 79– 82 of the agenda papers.

·      Further additional documents could be found in the additional agenda papers. These documents had been sent all parties.

·      One resident had withdrawn their representation.

 

Presentation by the applicant

 

Mr Jack Spiegler and Ms Melanie Brown informed the Sub-Committee that:

 

·      The premises was to be used as an all-day bistro and wine merchant.

·      The applicant was grateful for the contributions and assistance made by the Licensing team.

·      The proposed conditions could be found on pages 1 - 5 of the additional agenda papers.

·      Most of the conditions had been agreed.

·      The Licensing team had disputed the terminal hour which had been reduced.

·      The premises was located in Brixton town centre according to page 52 of the agenda papers. However, because the premises was in close proximity of residential areas, the Licensing team felt that the premises should be considered as being located in a residential area.

·      The applicant felt that the premises could not be located in a town centre and a residential area at the same time.

·      Following the reduction of the proposed operating hours, the hours of licensable activity fell within the hours in accordance with policy hours for a town centre.

·      The applicant had proposed various safeguards and the operational management of the premises had spoken to the residents in objection who were present at the meeting. The operating hours for Friday and Saturday had been agreed with the residents.

·      The operating hours for Sunday to Wednesday had also been agreed.

·      It was up to the Sub-Committee to decide the operating hours for Thursday.

 

In response to questions from Members, Mr Spiegler and Ms Brown informed the Sub-Committee that:

 

·      As per page 1 of the additional agenda papers, they were seeking the licensable activity of the sale of alcohol from 10:00-00:00 Thursday to Saturday and from 10:00 – 23:00 Sunday to Thursday.       

·      All conditions from pages 1–5 of the additional agenda papers had been agreed with the exception of the following changes:

·      Condition 6 on page 2 of the additional agenda papers would be amended to read that a minimum of one SIA supervisor would be present from Friday and Saturday from 22:00 until half an hour after the premises closed.

·      Condition 16 regarding the external area would be changed to read that the outside area would not be used after 22:00 Sunday to Wednesday and after 23:00 Thursday to Saturday.

·      The applicant had agreed Condition 17 with the Licensing team as drafted but the second line from the bottom sentence regarding timings would be deleted.

·      The capacity numbers outlined in Condition 21 as stated on page 4 of the additional agenda papers would be agreed.

·      Conditions 30 and 31 would be agreed as proposed.

·      Deliveries to the premises would be made after 07:00 and prior to 23:00. The area had allocated parking.

·      The premises was an all-day bistro and neighbourhood brasserie concept. The applicant had one other business in Pop Brixton and offered premium wine.

·      Regarding dispersal, safeguarding procedures and systems were in place complete with signs.

·      Security staff had all been briefed regarding dispersal and the dispersal policy could be found from page 21 of the agenda papers.

·      The disagreement with the Licensing team regarding the hours for the use of the outside area was based on business viability. During the summer months, the use of the outside area would be more popular. The outside area would not be used extensively all year round.

·      The application took into account concerns that could be raised regarding the use of the outside area and a terrace management plan could be found on page 20 of the agenda papers.

·      The terrace area would be closing earlier than the long-term hours proposed in the application.

 

Presentation by interested parties

 

Ms Bina Patel, Licensing Manager, informed the Sub-Committee that:

 

·      She proposed operating hours Sunday to Thursday 10:00 to 23:00 and 10:00 to 00:00 Friday and Saturday with half an hour dispersal after the terminal hour.

·      There was a supplementary document which had been circulated which explained the wording of the amended conditions.

·      The Sub-Committee could make a decision on the appropriate operating hours for Thursday. 

 

In response to questions from Members, Ms Patelinformed the Sub-Committee that:

 

·      The terminal hour for licensable activity Sunday to Wednesday would be 23:00. 

·      The terminal hour for licensable activity would be 00:00 on Friday and Saturday.

·      An additional half an hour would be taken to disperse patrons.

·      Condition 16 had been agreed.

·      The terminal hours for the use of the outside area was proposed to be 21:30 Sunday to Thursday and 22:30 Friday and Saturday.

 

At this point in the proceedings, following a question from the Legal Officer, the applicant informed the Sub-Committee that the proposed timings for New Year’s Eve would be withdrawn.

 

The Sub-Committee was then addressed by residents.Ms Samantha Walsh and Mr Tom Trennickinformed the Sub-Committee that:

 

·      They had purchased their home approximately two and half years ago.

·      Their property overlooked the premises.

·      They had a balcony which had windows that opened to the outside area of the premises.

·      They were concerned about the noise pollution caused by the additional footfall that would increase noise in front their property.

 

In response to questions from members, Ms Walsh and Mr Trennick informed the Sub-Committee that:

 

·      They would prefer that the operating hours on Thursday be considered as an ordinary weekday rather than a weekend from a licensing perspective.

·      They were flexible with the hours granted to the applicant as long as the operating hours for the outside area were adhered to.

·      They preferred the operating hours proposed by the Licensing team for the outside area because they had such a close visibility of the premises from their home.

 

At this point in the proceedings, the applicant’s representative, Mr Spiegler, informed the Sub-Committee that the use of the external area was for seated customers only and that this had been conditioned.

Adjournment and Decision

At 7.49 pm, the Sub-Committee withdrew from the meeting together with the Legal Advisor and Clerk to deliberate in private.

The Sub-Committee had heard and considered representations all those who spoke.

Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application subject to conditions and amendments.

RESOLVED: To grant the application with conditions and amendments.

Announcement of Decision

Members returned to the meeting and the Chair informed those present of the decision to grant the application with conditions and amendments. The Sub-Committee had thanked all parties for agreeing conditions. The conditions would be agreed as proposed including Condition 16. The terminal hours of licensable activity for Sunday to Wednesday would be 10:00 – 23:00 and 10:00 to 00:00 for Thursday, Friday and Saturday.

The terminal hour for the use of the outside area would be 21:30 Sunday to Wednesday and 22:30 Thursday, Friday and Saturday. All conditions were agreed and full written reasons would follow in due course.

 

Supporting documents: