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Agenda and minutes

Venue: Committee Room 4, Town Hall, Upper Street, N1 2UD

Contact: Jackie Tunstall  020 7527 3068

Items
No. Item

97.

Introductions and procedure

Minutes:

Councillor Andrews welcomed everyone to the meeting and asked members and officers to introduce themselves.

98.

Apologies for absence

Minutes:

None.

99.

Declarations of substitute members

Minutes:

None.

100.

Declarations of interest

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

 

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

 

*(a)     Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

 

This applies to all members present at the meeting.

 

Minutes:

None.

101.

Order of Business

Minutes:

The order of business was as the agenda.

102.

Minutes of Previous Meeting pdf icon PDF 158 KB

Minutes:

RESOLVED

That the minutes of the meeting on the 15 December 2015 be confirmed as a correct record of proceeding and the Chair be authorised to sign them.

103.

Candid Arts, 4 Torrens Street, EC1V 1NQ - Application for new premises licence pdf icon PDF 1 MB

Minutes:

The licensing officer summarised a representation received from a local resident who was not present.  He had stated that the application was contrary to the saturation policy and the applicant had failed to rebut the presumption.  He had also stated that the planning issue had not yet been satisfied and he considered that the application be refused on that basis.                      

 

Local residents objected to the application.  They raised concerns about amplified music emanating through the party wall.  It was stated that on appeal the magistrate had asked the hearing to be reassessed under the new licensing policy taking into account the saturation zone.  The premises were in a quiet residential street and this was an area that should have no night time economy.  The residents also raised concerns about noise from patrons leaving the premises and noise escape from the courtyard that was part of the premises.  There had been no change from the previous application and there had been no addressing of the saturation zone concern which had been a key requirement made by the magistrate.

 

The applicant stated that the application had been granted and appealed but there had been no further communication since that time.  He stated that there were no party walls adjoining the property of the local resident attending the meeting. They’d had 38 temporary event notices and had not received any complaints. The premises held exhibitions and not just parties.  This was a charity space and there was no interest in holding loud music events.  The number of people at the events would not change and events such as these had been held over the last two years.

 

In response to questions, the applicant stated that he considered planning permission had been granted in 1994.  The licensing officer stated that there was a letter from the planning department, which the applicant had received today, which recommended that a certificate of lawful use was required.  It was stated that it had been made clear at the hearing in 2012 that the Sub-Committee had asked the applicant to ensure the correct planning consent was in place. The Sub-Committee noted that licensing policy 6 stated that the planning permission was expected to be in place unless there were exceptional circumstances. 

 

The Sub-Committee agreed to adjourn the meeting to discuss the issue regarding planning permission and returned to announce the decision.

 

RESOLVED

That the application be adjourned in order for the planning position to be regularised and the matter be relisted once resolved.

104.

City Food and Wine, 377 St John Street, EC1V 4LD - New premises licence application pdf icon PDF 813 KB

Minutes:

The licensing officer reported that he had not received any further information from local residents.

 

The licensing authority reported that the grounds for the representation were public nuisance and crime and disorder and considerations under licensing policies 1, 2, 4, 5 and 9.  The licensing authority considered that the premises would add to the cumulative impact area.  In the application it had been stated that the premises were not in the cumulative impact area.  This raised concerns.  The hours proposed in the representation were those awarded on appeal for a similar application in the same area.  It was suggested that should the application be granted, the conditions be attached as proposed.  The applicant had agreed conditions 3 and 6 and conditions 4 and 5 were similar to those proposed in the police representation.  Conditions 1 and 2 had not been accepted by the applicant.

 

The applicant’s agent reported that the applicant had an existing shop in Central Street which currently operated as a small convenience store and there had been no issues.  The application included a terminal hour that was in line with the licensing policy and 9am had been agreed by the applicant in consultation with the police. Police conditions had also been agreed.  It was accepted that in the application it had been stated that the premises was not in a cumulative impact area which was a mistake.  The police were the primary source for crime and disorder and had not objected.  The applicant would continue to work with the police.  The applicant would prefer a condition, not to sell anything less than a quarter bottle, instead of the proposed condition 2 from the licensing authority.  If the sales area was to be increased over 15% there would have to be a future variation to the licence.  There would be mainly local customers and most would be responsible drinkers. The area had a designated public places order so there would not be people drinking outside and the applicant would intervene if people hung around outside the shop.  The applicant was willing to work with the authorities.  The police had not objected and he was a responsible operator with no blemishes.  The agent considered that the hours should not be restricted further as this would penalise the applicant. 

 

In response to questions about the cumulative impact, the agent stated that the police had not objected and conditions had been agreed to address problems with street drinkers. The premises would not appeal to street drinkers with the alcohol the applicant would be selling.  Other people causing a nuisance would be asked to politely move away, there would be appropriate notices and staff would not sell to people when drunk.  A record of staff training would be kept, staff would be trained on how to deal with drunk customers and underage customers.  There were 9 staff at the Central Street premises and 4 at this one.  The agent did not consider that it would be necessary to lock away the alcohol  ...  view the full minutes text for item 104.

105.

Chicken Express, 57 Newington Green Road, N16 9PX - Application for premises licence variation pdf icon PDF 2 MB

Minutes:

The licensing officer reported that this item had been adjourned in order for the applicant to attend.

 

The applicant stated that this had been a family business for 19 years and there had been one incident in 2005 in the premises when a young woman and her husband had an argument.  There had been a large investment in the premises and there was a demand for the extra hours from the local community. 

 

In response to questions the applicant stated that she had no problems regarding noise nuisance.  She’d had no other problems in the shop.  There was an incident detailed in the representation which she had been unaware of.  The police did not attend and it was not related to the premises.  She knew and spoke to the community support officers.  Customers had asked the applicant to extend the hours.  Some customers worked late and others used the bus stops at Newington Green and purchase food when exchanging buses.  The police had looked at the application and had not objected.

 

In summary, it was stated that this was a local community business which wanted to succeed.  Money had been invested in the premises and an extra hour would help the business to move forward.

 

RESOLVED

1)     That the application for a premises licence variation in respect of Chicken Express, 57 Newington Green, N16 9PX be granted to permit

a)     The provision of late night refreshment, Sundays from 11pm to midnight, Mondays to Thursdays from 11pm to 1am and Fridays and Saturdays from 11pm until 2am and

b)     The premises to be open to the public, Sundays from 12:00 noon to midnight, Mondays to Thursdays from 12 noon until 1am and Fridays and Saturdays from 12 noon until 2 am.

2)     Conditions as outlined in appendix 3 as detailed on page 105 of the agenda shall be applied to the licence.

 

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

 

The Sub-Committee noted that the matter had been previously adjourned for the applicant to attend in person. 

 

The Sub-Committee heard evidence from the applicant that she has been operating a family business at the premises for 19 years.  There had only been one incident in 2005 involving a young woman arguing with her husband.  The Sub-Committee noted the incident in the resident’s objection and was satisfied on hearing from the applicant that this matter did not involve a customer and the police did not attend her premises in connection with the incident.   

 

The Sub-Committee noted that the premises have been recently refurbished and that the applicant submitted that she would have customers during the extended hours of operation from both local residents and people using the buses at Newington Green. 

 

The Sub-Committee noted that the applicant had reduced the hours sought in consultation with the police.  ...  view the full minutes text for item 105.