Agenda and minutes

Councillor Poole welcomed everyone to the meeting and informed those present that the procedure was as detailed in the agenda papers.

Councillor Doolan.

Councillor Picknell substituted for Councillor Doolan.

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 as the agenda.

RESOLVED:

That the minutes of the meeting held on the 16 June 2015 be confirmed as a correct record of proceedings and the Chair be authorised to sign them.

The licensing officer reported that a statement of case had been circulated by the applicant.  This would be interleaved with the agenda papers.

A local resident, reported that the applicant failed to adhere to the current conditions of the licence. The previous application approved in 2013, offered reduced hours following resident concerns with stringent conditions, including the offering of alcohol only with a meal.  Without these, the application would have been refused. There were 27 representations against this application and just one in support and the strength of feeling was reflected in the number of residents attending the meeting. This application was for longer hours than the first application, refused in July 2013.  It was stated that there was clear evidence that longer hours would produce more rubbish to further obstruct the footpath, the proposal to relax a standard restaurant condition due to demand was not a relevant consideration and no management plan detailing how the proposed 15 people drinking without food would be  policed.  The licence would not have been granted with these extended hours, the application undermined the licensing process and should be rejected.

Another local resident reported that the applicant had appealed the first refused application and had in the meantime submitted a second application with shorter hours than the current application.  He had discussed the previous approved application with the owner and the hours and conditions were negotiated between them and agreed. He considered that this variation application was the thin end of the wedge and if it was agreed the applicant would be back for more.

The solicitor for the applicant reported that this application was a variation to extend opening hours only and not licensable hours, to tighten a condition regarding rubbish and to allow a maximum of 15 persons to consume alcohol without food.  It was considered that this would not add to the cumulative impact. There had been no objections from the responsible authorities.  The early morning opening was to provide coffee/breakfast for people travelling to and from work.  The later closing time was not to allow the sale of alcohol but to allow time for patrons to spend drinking coffee and wine and not drive customers out of the restaurant.  The later hour would not be advertised. The 15 persons drinking alcohol would be monitored by staff and would allow for patrons who wanted to drink a glass of wine or beer at a meeting.  Staff would keep note of the numbers and remind patrons that they would need to have a table meal past 9pm. This was a restaurant and would not be attractive to those who just wished to be served alcohol.  There was a public house opposite and patrons who wanted an alcoholic drink only would be more likely to go there.  The amendment of the condition regarding rubbish was to tighten this condition but if this was a concern the applicant would be happy to withdraw it.

A cumulative impact zone was not a bar to obtaining  ...  view the full minutes text for item 79.

The Sub-Committee noted the menu and acoustic report circulated separately. The licensing officer tabled an additional building control condition and extra conditions following dialogue with the noise team and residents.  These would be interleaved with the agenda papers.

It was noted that 6 residents had withdrawn their representations following the reinstatement of the lobby.  Two representations on pages 130 and 138 of the agenda had not been withdrawn. 

Counsel for the applicant reported that the application was to change the layout of the premises.  There would be a larger kitchen and one sound lobby would be removed. Other premises were operated by the applicant in London which had not had review or enforcement proceedings against them. In order to keep good relations with residents the ground floor sound lobby would remain and acoustic baffling was to be installed. A dispersal policy had been agreed with Environmental Health relating to the disturbance outside, even though this did not relate to the variation applied for.

In response to questions, it was noted that the basement would not operate separately to the ground floor premises. They had set up good relations with residents with consultation before the launch and the Sub-Committee noted that it was a condition of the current licence to hold regular meetings with residents.

RESOLVED

1)     That the application for a premises licence variation in respect of Coin Laundry, 70 Exmouth Market, EC1R 4QP be granted to vary the layout of the premises in accordance with the revised layout drawings attached to the application.

2)     That the following conditions shall be applied to the licence.

a.     Conditions of the current premises licence.

b.     Conditions as outlined in appendix 3 as detailed on page 139 of the agenda with the addition of conditions as tabled at the meeting as follows:-

·        The premises may not be used under this licence until all the items referred to in Islington’s Building Control Service Principal Surveyor’s email dated 11 August 2015 have been completed to his satisfaction and confirmed in writing by Islington’s Licensing Service. 

·        The reinstatement of the ground floor main corner entrance lobby as shown on the revised drawings distributed on 31 July.

·        All doors and windows will be kept closed, except for access and egress, during times that regulated entertainment is taking place.

·        That there be no access or egress to the premises from the entrance leading to the basement, save for emergencies only.

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 under the Bunhill and Clerkenwell cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for variations to premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the  ...  view the full minutes text for item 80.

The licensing officer reported that these premises were not in a cumulative impact zone.  A revised set of conditions were tabled to avoid duplications.  These would be interleaved with the agenda papers. The Sub-Committee noted that there were three resident objections to the application.

The applicant’s solicitor reported that this was not the usual Chinese takeaway.  There was no application for ‘on’ sales or late night refreshment.  The interested parties had been written to and allegations detailed in their representations were refuted.  This operation was a valuable local asset and had been involved in fund raising.

In response to questions it was noted that full training was given to drivers.  There was a feature on the website when ordering to check for over 21s.  Minors generally did not order full meals and so could therefore not order alcohol. There was a mystery customer check for drivers about two or three times a month.  Drivers received more than the minimum wage. Over 21s would deliver the alcohol.  It was agreed that condition 1 of the tabled conditions should read substantial meal.

RESOLVED

1)               That the application for a new premises licence in respect of Zing Zing, 142 Blackstock Road, N4 2DX be granted to allow:-

The sale of alcohol for consumption off the premises: 12:00 to 23:00 hours on Mondays to Sundays.

The following opening hours: 10:00 to 23:00 on Mondays to Sundays.

2)               Conditions as tabled at the meeting shall be applied to the licence with the following amendment.

Condition 1 to read. The sale of alcohol shall be ancillary to the purchase of a substantial meal.

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 a set of conditions had been agreed with the police, the licensing authority and the applicant and the responsible authorities had therefore withdrawn their representations.

The Sub-Committee noted the representations from residents and was satisfied that, with the agreed conditions the licensing objectives would be promoted. 

The application operating hours were in line with the core hours as set out in licensing policy 8.  The Sub-Committee was also satisfied that the operating schedule would provide high standards of management in accordance with licensing policy 9.

The Sub-Committee considered that the applicant had proposed adequate steps to promote the protection of children from harm and would implement Challenge 25 in accordance with licensing policy 25.

The applicant did not attend the meeting.

RESOLVED that this item be adjourned for further enquiries to be made of the applicants as to whether or not they wished to proceed with the application.

The Sub-Committee noted that this item was withdrawn by the applicant prior to the meeting.