Agenda and minutes

Councillor Pauline Tunnicliffe was appointed chairman for the meeting.

There were no declarations of interest.

Report ES20302

The applicant, Mr Toure attended the hearing and asked for an adjournment to enable him to seek legal advice. Members agreed to this request and advised that they did not feel the application contained enough information concerning the application which they recommended should be addressed before the re-convened meeting of the Sub-Committee.

Report ES20301

The application

The application sought the following variation of the premises licence:

To amend the hours that licensable activities can be carried out as follows:

Sale of alcohol Monday – Thursday 08:00 to 00:00 Friday – Saturday 08:00 to 02:00 Sunday 08:00 to 22:00

Recorded Music Monday – Thursday 08:00 to 00:00 Friday – Saturday 08:00 to 02:00 Sunday 08:00 to 22:00

Live Music Monday – Thursday 08:00 to 00:00 Friday – Saturday 08:00 to 02:00 Sunday 08:00 to 22:00

Films Monday – Thursday 08:00 to 00:00 Friday – Saturday 08:00 to 02:00 Sunday 08:00 to 22:00

Late night Refreshment Monday – Thursday 23:00 to 00:00 Friday – Saturday 23:00 to 01:00.

To allow Non-Standard Timings on Christmas Eve, Boxing Day, New Year’s Eve and all Sundays on a Bank Holiday Weekend to allow Live Music, Films, Recorded Music & Late-Night Refreshment to finish at 03:00 and the Sale of Alcohol to finish at 02:40

To remove condition 10 (which requires all of the usable licensed area to be given over to tables and chairs for the use of customers) and

To remove condition 13 (which requires the premises after 19.00 hours to operate as a restaurant and the sale of alcohol to be ancillary to the supply/consumption of food. The condition also provides alcohol will only be sold or supplied by waiter or waitress service under the following circumstances: 1) To those who are seated or waiting to be seated and are waiting for a substantial table meal. 2) To those who are taking or have taken substantial table meal There is to be no vertical drinking anywhere on the premises, save for those waiting to be seated.

The application also suggests amended wording for a number of the remaining conditions as highlighted on the application form.

The London Borough of Bromley Statement of Licensing Policy 2021-2026

The premises fall within the area shown in Appendix C to the Council’s Statement of Licensing Policy as being subject to a Special Policy of Cumulative Impact. The Statement of Licensing Policy provides:

In any area declared to be subject to a Special Policy of Cumulative Impact it would be the Licensing Authority’s intention to refuse to grant new premises/ club licences or variations, unless the application is such that the grant of the licence would have no further detrimental impact on the area and the promotion of the licensing objectives …… The Licensing Authority wish to make it clear to all applicants that the presumption of refusal of all new licences and material variations stands except where the applicant satisfies the Licensing Authority that the application can be granted without having a detrimental effect on the promotion of the Licensing Objectives.

Statutory Guidance under section 182 of the Licensing Act 2023

The statutory guidance provides “A CIA should never be absolute. Statements of licensing policy should always allow for the circumstances of each application to be considered properly and for applications that are unlikely to add to the cumulative impact  ...  view the full minutes text for item 4.