Agenda and draft minutes

Councillor Nick Wayne 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 Councillors Bashir Ibrahim and Councillor Ilkay Cinko-Oner.

Councillor Heather Staff substituted for Councillor Ilkay Cinko-Oner and Councillor Clare Jeapes substituted for Councillor Bashir Ibrahim.

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.

There were no declarations of interest.

The order of business would be item B2 followed by item B1.

RESOLVED:

That the minutes of the meeting held on 5 September 2024 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The licensing officer reported that additional papers had been circulated from the applicant and the licensee.  A two second video had also been circulated which members had viewed and was shown to the licensee’s representative at the meeting so that he could verify whether he had received it. Late evidence submitted by the applicant had not been circulated.

The applicant stated that the submissions were clear in the papers that had been submitted and he did not propose to go into any further detail.

In response to questions, the applicant stated that there had been no change in behaviour since the review had been submitted.  He had been woken up this morning at 3am when somebody had been listening to music outside the door of Zapp.  He considered that the area was not suited to having riders gathering and it was clear that riders were going in and out keeping residents awake. It was not just him but other residents too who had experienced this. He understood that the riders were not just there for alcohol sales but for other grocery goods, and these would not be subject to a licence, but he stated that he didn’t know what else to do in order to live a peaceful life in a residential area and he had no option but to ask for a licence review.  He did not consider that meetings with the premises would be meaningful.  He had a better dialogue with the manager who had confirmed that, as the riders were not direct employees, there was only so much they could do. The riders stayed outside as they needed to be within a certain distance of the premises to get a delivery.  He stated that the riders wore their helmets and talked loudly and listened to music. The noise was amplified now that the Green had been concreted. There may be 6-18 riders outside so it was noisy.  There may be petrol engines but this was not often. He stated that the security guard had not said anything to the riders about the noise level. The riders loitered waiting for their next job.  People walking through felt intimidated by the riders. He had raised the issue of riders congregating outside with Zapp, the manager and to the sub-contractors.

The Licensing Authority advised that her representation was on page 28 of the agenda.  He stated that the review was submitted in June when there were issues but since that time visits had indicated a good level of compliance. Engagement had been taken on board and there had been a positive effect. There were three conditions proposed but these had not yet been accepted. In response to a question about a visit on the 13 September where there were 9 drivers congregating on the Green the Licensing Authority stated that the licensing objective of public nuisance was being upheld on that occasion. Complaints would need to be lodged by residents for officers to respond to and there had been no  ...  view the full minutes text for item 137.

The licensing officer reported that a presentation and further letter to a resident had been separately circulated. The resident was not in attendance, but their representation had not been withdrawn.

The applicant’s representative stated that there was one single resident objection to this application. This was a community minded application, and the applicant had carried out a letter drop to residents. The premises would be a tea/coffee shop and deli with a craft beer and wine offering in the evening. There were 84 proposed conditions which included restrictions on vertical drinking. The representation raised concerns about a bar open at 3am but this application was within framework hours and would have no adverse impact on the cumulative impact area. He asked that the application be granted as all concerns were comprehensively addressed.

In response to questions, it was noted that there would be Challenge 25 ID checks in the evening however, the premises would more likely appeal to the more mature drinker. There would be a Jazz bar vibe. The applicants ran a local pub and had experience with preventing drink spiking. This would be a mostly table service premises, was not large and so it would be easy to see all patrons. Smokers would be directed towards Caledonian Road although it was not expected that there would be many smokers. They would be leading with the tea/coffee deli offering and football fans would be unlikely to prefer a table service cheeseboard. The basement was to be used as a community space for groups. Events would not be ticketed. If there were any noise leakage from the premises this would be dealt with.

RESOLVED

1)      That the application for a new premises licence, in respect of 26 Caledonian Road, N1 9DT, be granted to allow:-

a)    The sale of alcohol on and off the premises from 10:00 until 23:00 Sunday to Thursday and from 10:00 until midnight Friday and Saturday;

b)    Late Night Refreshments from 11 pm until midnight Friday and Saturday;

c)     Opening hours of the premises from 10:00 until 23:30 Sunday to Thursday and from 10:00 until half past midnight Friday and Saturday;

d)    From the end of permitted hours on New Years’ Eve to the start of permitted hours on New Years’ Day; and until midnight on Sundays immediately before Bank Holiday Mondays.

2)      That conditions detailed on pages 82 to 84 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 took into consideration Licensing Policies 2 & 3.  The premises fall within the Kings Cross cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt  ...  view the full minutes text for item 138.