Agenda and minutes

Councillor Williamson welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

Apologies for absence were received from Councillor Diarmaid Ward.

Councillor Erdogan substituted for Councillor Ward.

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.

Councillor Michelline Ngongo stated that she was a Councillor in Hillrise Ward.

The order of business would be as the agenda.

RESOLVED

That the minutes of the meetings held on the 1 and 6 September, including the exempt minutes, be confirmed as a correct record and the Chair be authorised to sign them.

The licensing officer reported that the premises were in a cumulative impact area.  The premises were currently licensed until midnight for late night refreshment 7 days a week.  A letter had been sent from the applicant to residents outlining a reduction in hours. The letter would be interleaved with the agenda papers. No representations had been withdrawn and one resident had requested a terminal hour of 11pm.  The police had withdrawn their representation following agreed conditions.

The licensing authority reported that they objected on the grounds of public nuisance, crime and disorder and the protection of children from harm.  The onus was on the applicant to demonstrate that the premises would not have a negative impact and this had not been satisfied in the operating schedule.  The premises were currently licensed for late night refreshment until midnight.  There was a concern that younger clientele would use the premises. They were concerned about how the alcohol would be managed and monitored.  They would support an application for late night refreshment but not the application for alcohol.

The local resident raised concerns about noise and disturbance.  There had been noise previously from teenagers outside.  He was concerned about the extension in hours and raised concerns about noise from the ventilation equipment which he considered could increase if they grilled rather than fried chicken. There was also noise from the waste collection service which operated at 3 or 4 am.

In response to questions, the local resident said their main concern was about the noise but alcohol was also a concern and he did not want to negotiate people who were drunk outside and would not want further extended hours.

The applicant stated that the previous chicken shop had been closed for two years as it was unsustainable.  The applicant was going to sell the premises but decided to try a new branding which was intended to provide a high end model which would attract a different consumer type.  The new brand name would be Ministry of Chicken and they would sell burgers with a gourmet twist.  They would expect an average spend of £13-£15.  They would not rely on local footfall and a licence to sell alcohol would enable customers to sit down and enjoy alcohol with their meal. They wanted to try something new.  The police had agreed conditions and hours had been reduced in consultation with the police. The noise team had not made any comments. 

In response to questions, the applicant stated that they were not trying to operate a fast food restaurant.  The applicant tabled a menu for the Sub-Committee which would be interleaved with the agenda papers. He stated that the menu was not targeted at children.  There were other shops in Holloway Road that had low pricing.  The new brand had been in the pipeline.  They knew their target market and would have a 12 – 16 seater restaurant.  Customers would not stand up when drinking. The applicant stated that they considered it would be a  ...  view the full minutes text for item 140.

The licensing officer reported that condition 33 had been amended to allow access to the laundry facilities. 

The applicant’s representative reported that a previous application had been refused.  This was a revised application and following amendments only two resident objections had been received.  Police conditions had been accepted.  It was stated that there could be an argument that there would be a reduction in the cumulative impact should the licence be granted as currently patrons could buy alcohol from a local off licence and drink outside.  Alcohol had been banned from the premises.  Patrons would use the bar in the kitchen area and would not be allowed to drink on the outside terrace.  Residents could ring the hostel reception if there were any incidents and patrons would be barred from the premises if they had two warnings.  No under 18s were allowed on the premises unless they were with a responsible adult.  There was no application for off sales or for late night refreshment.  Patrons were not allowed to drink in their room.  This was a hotel type premises.  Passports were necessary for hotel bookings.  The premises would be monitored by CCTV.  The applicant’s representative considered that with conditions, limited hours and with no objection from the responsible authorities the licence should be granted.  He considered that it would not add to the cumulative impact.

In response to questions it was noted that condition 34 was amended to read ‘alcoholic’ drinks and conditions 16 and 17 would be deleted to avoid duplication. 

RESOLVED

1)       That the application for a new premises licence, in respect of Home London, 54-58 Caledonian Road, N1 9DP, be granted to allow:-

a)     The supply of alcohol, for consumption on the premises from 4pm until midnight Monday to Sunday.

b)     Opening hours of 4pm until half past midnight in the licensed area, Monday to Sunday.

2)       That conditions outlined in appendix 3 and detailed on pages 72-74 of the agenda shall be applied to the licence with the following amendments:-

·        Condition 33 to read.  The outside terrace area shall be closed to guests at 20:00 save for access to the laundry facilities. 

·        Condition 34 to read.  No alcoholic drinks shall be permitted on the outside terrace at any time.

·        The deletion of conditions 16 and 17.

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 took into consideration Licensing Policy 2.  The premises fall within the King’s Cross cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for a new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

There  ...  view the full minutes text for item 141.

The Sub-Committee noted that this item had been withdrawn by the applicant.

RESOLVED

That the exempt minutes of the meeting held at 6pm on the 6 September 2016 and the exempt minutes of the meeting held at 5pm on the 6 September 2016 be confirmed as a correct record and the Chair be authorised to sign them.