Agenda and minutes

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

Apologies were received from Councillor Shaikh

Councillor Jeapes had substituted for Councillor Shaikh

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 per the Agenda

RESOLVED

That the minutes of the meeting held on 30^th March 2023 the be confirmed as a correct record and the Chair be authorised to sign them.

The licensing officer explained there has been an amendment to the application to remove Off Sales of alcohol and amend the opening hours, so these were now consistent with Planning. She reported that additional papers had been circulated following agenda despatch. These included papers from the applicant and their representative, and further representations from residents.

Objectors expressed concerns to another premises in the cumulative impact area serving alcohol. They explained this area was already a ‘hot spot’ for crime which included drug dealing, assault, public urination as well as already issues with noise and nuisance. There were already 4 pubs and 10 licensed restaurants in the area and therefore the objectors felt another one was not needed. There was also congestion in the area already with daily deliveries for the surrounding shops and premises and another premises will only worsen this, as there was not a tube stop close by so patrons would likely arrive by car. Objectors also stated they were concerned over the dispersal of patrons and the noise and nuisance this created. They also felt they had not been properly consulted on matters and did not feel as though the communication with residents in the vicinity had been good enough.

In response to questions the objectors expressed that they would prefer the space to be used for retail purposes and they did not want anymore motorised delivery drivers. They also explained that the incident log did not allay their fears but understood there was Anti-Social Behaviour issues in the are that did not arise just from this premises.

The applicant’s representative understood the issues faced in the Nag’s Head area and wanted to help improve the area, not worsen it. The applicant had no partnership with previous applications or the area downstairs other than wanting the use of the upper level for the street food stalls and bar. This was a well ‘tried and tested’ means of operation and would not be an alcohol-led style of operation. Alcohol would only be able to be purchased ancillary to food and there would be no vertical drinking or Off Sales of alcohol. The space would also be used for family friendly activities such as cooking classes and an exhibition space for artists to display their work. The applicant and their representative believed it promoted the Licensing Objectives and had received no objections from the Responsible Authorities despite being in a cumulative impact area.

In response to questions, the applicant and their representative explained they had reduced numbers from 400 to 130 in response to the initial refusal. They also explained there would be an automatic and manual headcount controlled by management and SIA door staff would be on site. Once the premises had reached 70% capacity an hourly headcount would take place. As for queues, these would be directed to the seven sister’s road and managed by staff to elevate noise and nuisance. They explained an alcohol token would be given to be exchanged at the bar only when  ...  view the full minutes text for item 43.

The Licensing Officer introduced the case and explained there had been a recent resident concern regarding noise from building at the rear of the venue.

The Applicant explained they had installed noise insulation at the request of the previous committee this item was deferred from. The building work for this was now complete so there should be no more noise pollution. He further explained the recent noise the resident heard was from cleaning not building work and he had explained this to her at the time. He expressed that he had done everything he now could to reduce noise pollution.

Officers from the Noise Team had been to check the noise levels in residents’ properties since the sound proofing had been completed and confirmed there was no longer concern for noise bleeding into surrounding properties.

The Sub-Committee asked the applicant what his understanding of the Licensing Objectives were. He explained it was not an alcohol-led business and would not be rowdy like a club, they also had a closing time of 11PM. He also explained there would be no Off Sales of alcohol and alcohol would only be consumed ancillary to food. 

The Sub-Committee had further questions on how he would control Anti-Social Behaviour. He explained staff would be trained and that he would be happy to employ SIA security staff when needed on weekends. He would also place signs in the windows to remind patrons to respect the neighbours. There would also be a limit of 6 people allowed to smoke outside. The only music would be background music.

In response to a question from the Sub-Committee, the applicant explained the business model was a restaurant with a bar and lounge with a capacity of 35 to 45 people. They would have served Ethiopian food and alcohol would be served only with a meal.

RESOLVED

That the application for a new premises licence, in respect of D & D Restaurant and Lounge, 347 Holloway Rd N7 0RN be refused.

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 falls within the Finsbury Park and Holloway 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 of representations, unless the applicant can demonstrate in the operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

5 local resident objections had been received.  There had been no representations made by the responsible authorities. Conditions had been agreed with the Noise team and the Police. Planning were considering an application to vary the conditions and there was an open enforcement case. Licensing had  ...  view the full minutes text for item 44.