Agenda and minutes

Councillor Robert Khan welcomed everyone to the meeting, asked members and officers to introduce themselves and outlined the procedures for the meeting.

Apologies were received from Councillors Diner and Spall.

Councillor Poole substituted for Councillor Diner and Councillor Picknell substituted for Councillor Spall.

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.

None.

The order of business was B1 followed by B2.  The Sub-Committee noted that item B3 had been deferred and items B4 and B5 had been withdrawn.

RESOLVED

That the minutes of the meetings held on the 14 and 20 October 2015 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The Sub-Committee noted correspondence between the applicant and interested parties which would be interleaved with the agenda papers.

The licensing officer stated that there had been five resident objections and not all nine residents mentioned in a statement from the Clerkenwell Green Preservation Society had sent in objections.

There were no interested parties present at the meeting.

The applicant stated that this was a variation of an existing licence.  There was no increase in hours or the addition of licensable activities.  The application was for alterations to the layout of the premises and late night activities were not required.  The applicant was sensitive to cumulative impact and a total of 13 conditions had now been submitted.  The layout was for a restaurant. The bar had been removed and a small range of alcohol would be sold, 5 beers/ciders and 10 wines, which would be kept behind the servery.  There was to be a reduction in hours and regulated entertainment removed from the licence. Objections had been received from the Clerkenwell Green Preservation Society where residents were based in a more residential area.  These premises were near Farringdon Station in a primarily commercial area and none of the residents in this area had raised objections. There were to be 81 covers maximum on the two floors.

Recent applications in the area had triggered the cumulative impact policy.  This application was for a variation.  The Home Office guidance was clear at paragraph 13.38 which stated that special policies could not be used to justify rejecting applications to vary an existing licence except where the modifications were directly relevant to the policy and this application would not give rise to the cumulative impact.

The applicant asked that the Sub-Committee grant the licence having regard for the policy.

In response to questions it was noted that the variation plan covered the same footprint of the previous premises but with a different layout.

RESOLVED

a)   that the premises licence variation in respect of Nando’s, 99-100 Turnmill Street, EC1 be granted:-

i)       To permit the sale by retail of alcohol for consumption on the premises from 11:00 to 23:00 Sundays to Thursdays and from 11:00 until midnight on Fridays and Saturdays.

ii)      To allow late night refreshment from 23:00 to midnight on Friday and Saturday.

iii)    To allow permitted opening hours from 09:00 to 23:30 Sunday to Thursday and 09:00 to 00:30 on Friday and Saturday.

iv)    The removal of the provision for regulated entertainment from the licence.

v)     An amendment to the authorised plan attached to the licence.

vi)    An amendment to the current conditions attached to Annex 2 and Annex 3 of the premises licence.

b)       Conditions 1-13, as tabled at the meeting 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  ...  view the full minutes text for item 81.

The applicant stated that there were seven Borough Wines in total and it was intended to run these premises along the same lines as the premises at Exmouth Market. They sold craft beers, boutique spirits and carefully selected wine which was wrapped and bagged.  The price was prohibitive for street drinkers and this premises would be a great addition to a dark corner as it would be well lit and would also help prevent anti-social behaviour.  The premises in Exmouth Market were in a cumulative impact area and had been operating for over a year with no incidents. 

In response to questions it was expected that there would be not more than 10 people at a wine tasting.  There was a premises operating in Hackney which was located in a similar area and it was expected that this premises would attract other business as that one had.  It was expected that the premises would be a great addition to the area.  The applicant stated that the commencement hour could start at 10:00 am.  A 9:00 am start had been requested in the application as some restaurants could only arrive for wine tasting before 10:00 am.

RESOLVED

a) that a new premises licence in respect of Borough Wines, 344a Essex Road, N1 3PD be granted:-

i) to permit the sale by retail of alcohol, on and off supplies, from 10:00 Monday to Sunday,

ii) to permit the premises to be open from 09:00 until 23:00 Monday to Sunday.

b) that conditions as outlined in Appendix 4 as detailed on page 101 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 operation of the premises by its nature would not encourage street drinking or anti-social behaviour but modified the earliest time at which alcohol could be sold to 10:00 am.

The Sub-Committee noted that this item had been deferred to a future meeting.

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

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