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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

174.

Introductions and procedure

Minutes:

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

175.

Apologies for absence

Minutes:

None.

176.

Declarations of substitute members

Minutes:

None.

177.

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.

178.

Order of Business

Minutes:

The order of business would be as the agenda.

179.

Minutes of Previous Meeting pdf icon PDF 186 KB

Minutes:

RESOLVED

That the minutes of the meeting held on the 1 June 2017 be confirmed as a correct record and the Chair be authorised to sign them.

180.

Crepe Affair, 47-53 Camden Passage, London, N1 8EA - New premises licence pdf icon PDF 2 MB

Minutes:

The interested parties stated that although conditions had been agreed with the police this did not address the issue of cumulative impact. They said that the premises were a chain operation and the planning application had stated that they made food off site and reheated it.  They considered that a meal sold at £5 - £6.50 could not be considered a substantial meal.  They did not believe that the tables and chairs outside were licensed.  The area for seating outside was unsuitable as it was narrow.  Alcohol hours should be restricted if granted but a licence was not appropriate for that site.  The premises were too small for 8 people standing.  If the licence was granted from 8am to 8pm with standing this would determine the use for the future.  Residents lived nearby and there would be alcohol served to people on the benches outside and a total of 9 people at the tables and chairs.  Residents asked the applicant if they could see the licence for the tables and chairs.  The strength of alcohol had not been addressed.  There was not another 12 hour licence in Camden Passage and the hours were considered excessive.  It was considered that there should be no drinking outside, no off sales and no vertical drinking. There was nothing to restrict a breakfast club or 5-7 happy hour.  It was considered that this was just the wrong application in this area.  It was stated that any additional licence would add to the existing impact. Camden Passage already had 10-12 licensed premises and no further licences should be granted.  It was considered that the business was a useful addition to the area but did not need alcohol.  There should be clear restrictions for off sales if granted.

 

The applicant understood the concern about the cumulative impact.  There was a chain of Crepe Affairs and the majority of them sold alcohol with food. This would not be a bar but would sell low alcohol ciders/wine and beer and exclusively with the sale of a crepe. All measures for the sale of alcohol would be in place. Staff would be well trained.  There had never been any problems at other premises.  It was at the discretion of staff to refuse alcohol to customers who were already drunk.  Binge drinking would be prohibited.  He was sympathetic to the concerns regarding the early morning hour and offered a start time of 11:30am to 12 noon.  When the market was open there would be no serving of alcohol to the benches.  The premises would be managed in a sensible manner.  Staff would try to avoid customers from being drunk.  Customers would not be allowed to bring their own alcohol. Staff would be trained to avoid the cumulative impact.  He would want to be a friendly neighbour. 

 

In response to questions the applicant stated that they would not serve customers if they were drunk.  This was a small premises and all customers could be seen.  Staff would call the police if  ...  view the full minutes text for item 180.

181.

Yum Yum, 379 St Johns Street, EC1V 4LD - New premises licence pdf icon PDF 12 MB

Minutes:

The licensing officer reported that Parkguard had visited the premises on the 28 July and the licensee had been found operating after hours.

 

The licensing authority reported that the premises had been found operating beyond 11pm without a licence.  Officers warned the licensee and he made an application for a licence.  He was then visited on the 28 July 2017 and found to be operating after 1am.  The licensee had also not responded to enquiries about timings.  He had run the premises for at least a year without a licence and the licensing authority recommended refusal.

 

The police reported that following the application for a licence they had contacted the licensee by email and had received a short response.  The police requested further information about his previous experience and received no further response.  A copy of the licence is supposed to be at the venue which it was not.  They considered his ability to manage was in question.  He informed officers that he had previously run a venue in Westminster but police licensing officers at Westminster had not heard of the venue. 

 

The applicant stated that he was very quiet before 11pm and needed a late licence for more custom.  He did not have a late licence in Westminster and sold the premises in 2012.  He stated that he had one 50cc scooter so did not make much noise and had helped the police when phones had been snatched.  If he was operating CCTV it would help reduce crime.  He had received no complaints.  He was shocked that he had no licence.  He had a small cooker.  He needed the licence for a take away and was not serving any alcohol.  He stated he was struggling financially. 

 

In response to questions that there was information on the website that stated the premises was operating up until 12 midnight he stated that he had financial problems.  The student population had reduced.  He had received penalty tickets for rubbish but he was away and nobody had informed him. The solicitor had informed him that he had a licence.  He stated that a licensing objective meant that you needed a licence after 11pm.  He had not had training.  He was closing at 11.30 up until June but now his wife could not work and he needed to work later hours to pay for another member of staff.  The Sub-Committee informed the licensee that his need could not override standards of management.  He stated that he could not take a salary.  His ventilation was provided by a window.  The next door premises operated until 1.30 am.  He used one scooter and two bicycles so did not make a noise nuisance.

 

In summary, the licensing authority said that the business was being advertised until midnight on a delivery service website and this would still require a licence.  The police stated that despite a warning the licensee had continued to operate the business without a licence which was a sign of poor management. There had been  ...  view the full minutes text for item 181.

182.

Borough Wines, 344-346 Essex Road, N1 3PD - Premises licence variation pdf icon PDF 911 KB

Minutes:

The licensing officer reported that the applicant had engaged with the responsible authorities and the licensing authority and the noise team had withdrawn their representations.  Following further correspondence with the interested parties, one had withdrawn, one had not responded and another was involved in an exchange of emails with the applicant.  Plans of the premises and amended conditions were tabled and would be interleaved with the agenda.

 

The applicant stated that the shop had been run for just over a year and during this time they had become involved in local events.  This application was in order to use the basement for tasting events, learning to brew, wine or beer tastings which would be pre-booked ticketed events.  They had run temporary event notices and there had been no noise issues around these events.  The numbers were limited and the shop would not be open during these events.  Patrons would be leaving between 9.30 to 11pm and they would be responsible operators. 

 

In response to questions it was noted that all events would be run by themselves.  It would not be a wedding or party venue.  They were engaging with residents and served coffee as well as alcohol.  They offered low key events. The fire door would not be used for entry/exit purposes.  They had held an open day at Christmas and invited local residents.  They considered that the premises would have a positive impact on the community.

 

RESOLVED

1)       That the application for a new premises licence, in respect of Borough Wines, 344-346 Essex Road, N1 3PD, be granted to allow:-

 

a)     The provision for off and on sales of alcohol in the basement from 10 am until 11pm Monday to Saturday and from 11am until 10pm on Sunday.

b)     The provision of recorded music on Mondays to Friday from 4pm until 11pm, on Saturday from 10am until 11pm and on Sunday from 11 am until 10pm.

c)     Opening hours to be 9am to 11pm Monday to Saturday and from 10am until 11pm on Sunday.

 

2)       That conditions outlined in appendix 4 and detailed on page 117 of the agenda shall be applied to the licence with the following amendments:-

 

·        The deletion of condition 6.

·        Condition 12 to read as follows:-

 

Consumption of alcohol in the basement shall be limited to tasting and food pairing events. These events shall be pre-booked or ticketed and be in a controlled environment for promoting education around drinks and food. Numbers shall be limited to these events and shall not exceed 40 covers. Events without food shall be limited to measures of 25ml for wine, or 50ml for beer and cider. Events with a substantial food offering shall be limited to measures of 125ml for wine and ½ pint for beer and cider.

 

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  ...  view the full minutes text for item 182.