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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

159.

Introductions and procedure

Minutes:

Councillor Flora Williamson welcomed everyone to the meeting. Members of the Committee and officers introduced themselves and the Chair outlined the procedures for the meeting.

160.

Apologies for absence

Minutes:

There were no apologies for absence.

161.

Declarations of substitute members

Minutes:

There were no declarations of substitute members.

162.

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:

There were no declarations of interest.

163.

Order of Business

Minutes:

The order of business would be as the agenda. The Sub-Committee noted that Item B2 had been withdrawn from the agenda.

164.

Minutes of Previous Meeting pdf icon PDF 191 KB

Minutes:

 

RESOLVED:

That the minutes of the meeting held on 2 May 2017 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

165.

Fora Space, Ground Floor, 71 Central Street, EC1V 8BU - Premises licence variation pdf icon PDF 3 MB

Minutes:

The licensing officer reported that the application for Sunday had been withdrawn to keep hours in line with the planning consent.

 

One local resident reported that he was objecting to the variation for four reasons.  The premises were in a cumulative impact area and there were only limited circumstances for the licence to be permitted, there were a large number of restrictions in the original licence which would not be on this one, there had been many issues since the premises had been operating and at a previous meeting the applicant had given an assurance that this licence would not be extended.  He stated that, at a previous meeting the applicant wanted to serve alcohol until 3 or 4 am.  These premises were in a cumulative impact area with a large number of families with one entrance only.  Patrons would leave in large groups that were noisy and there were insulation problems with the accommodation at Worcester Point.  The resident circulated photographs which he stated showed patrons drinking outside the premises which was a breach of licence conditions.  Staff smoked beneath their balconies until midnight and some patrons were seen leaving at 11.40pm despite the opening hours being until 10pm.  He stated that a neighbour had been stared at by members of staff and she had felt fearful. He was concerned about the number of hearings that had been held and the piecemeal manner of the grant of the licence.

 

In response to questions it was noted that all conditions from the previous grant of the licence would remain on the licence if granted.  It was noted that the opening hours of the rest of the building were later than 10:30pm.  The resident stated that patrons were drinking outside windows later than 10:30pm.  The resident stated that he had not spoken to the manager about the problems with people smoking outside the entrances but had spoken to the administration desk.  The applicant stated that they had not realised there were any problems with noise from smokers until they had seen the objections to the application.  The resident stated that he had complained to the licensing team.  The licensing officer confirmed that the premises had been visited and no problems had been witnessed. The resident stated that he was concerned about people shouting, fighting and smoking outside the residents’ flats.  One resident stated that they had spoken to either Fora or the restaurant and they said they would ask staff not to use the side doors.  She had seen chefs standing in the door entrance who had been speaking very loudly. The resident did not think that staff would tell management about complaints if they were causing the problems themselves.  The resident stated that customers did not leave until 11.30pm currently, as evidenced by the photographs, and the applicant had requested a half hour extension.  The Sub-Committee noted that as the office shut later than the restaurant it could not be confirmed where the people were leaving from.  The applicant’s representative  ...  view the full minutes text for item 165.

166.

Shoreditch Grind, 213 Old Street, London, EC1M 4AY - Premises licence variation pdf icon PDF 2 MB

Minutes:

The Sub-Committee noted that this application from the agenda had been withdrawn as it had been agreed with all parties.

167.

Hop, Burns and Black, 38 Balls Pond Road, N1 4AU - New premises licence pdf icon PDF 10 MB

Minutes:

The licensing officer reported that one representation had been withdrawn.

 

The applicant reported that this was a shop selling high end craft beers.  This was a shop mainly which also did a number of tasting events and the extra hours were for these events.  There were a number of letters of support.  The price point for the beers would not attract street drinkers.  This premises would not add to late night problems.  This application was within core hours.  There were no objections from the police or environmental health.  The applicant considered that it would be a benefit to the local area.

 

In response to questions it was noted that the seating area was limited.  Events would be ticketed with a maximum of twenty people.  The shop would be closed during these events.  These events were held once a month at their current premises.  Usually the premises were open until 8pm Monday to Thursday, 9pm on Fridays and Saturdays and 6pm on Sunday. A capacity had not been offered but there was not enough space for the shop to hold more than 30 people.

 

RESOLVED

1)       That the application for a new premises licence, in respect of Hop, Burns and Black, 38 Balls Pond Road, N1 4AU be granted to allow:-

 

a)     The sale by retail of alcohol, for consumption on and off supplies, from 10am until 10:30 pm Monday to Sunday.

b)     The premises to be open to the public from 10 am to 11pm Monday to Sunday.

 

2)       That conditions detailed on pages 164 and 165 of the agenda 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 one resident had withdrawn leaving one objector.

 

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 8.

 

The Sub-Committee heard evidence that this was a specialist shop using its licence for ticketed events, held approximately once a month. 

 

The objection concerned existing premises in the area and problems around them and it seemed that granting this licence would not give rise to concerns in relation to the licensing objectives.  Street drinkers would not be attracted to this kind of shop.

 

Home office guidance, paragraph 9.42, states that decisions should be evidence based, justified as being appropriate for the promotion of the licensing objectives and proportionate. 

 

The Sub-Committee concluded that in this case, granting the licence was justified as appropriate for the promotion of the licensing objectives and proportionate.

 

168.

Palmera Oasis, 332 Essex Road, N1 3PB - New premises licence pdf icon PDF 584 KB

Minutes:

The licensing officer reported that planning consent had not been granted for the hours requested but only until midnight. The licensing officer had received an email from the planning department which stated the grant of planning consent for additional hours was likely to be agreed.  The licensing policy stated that the licensing authority expected applicants to ensure that they had planning consent for the intended hours of operation.

 

In response to questions it was noted that this was not an application for alcohol or music.  The applicant had been selling cold food after 11pm.  There were a number of premises open until 2 or 3am in that area.

 

The Sub-Committee adjourned for a short time to consider whether or not to hear the application as planning consent had not been granted. Upon return the Sub-Committee stated that they would hear the application.

 

The applicant reported that they did not cause noise problems.  He had spoken to a resident at the rear of the premises and he was happy with the application.  Tables and chairs were placed outside the premises but would not be there late at night.  There was a sign to ask patrons to keep quiet. 

 

In response to a question from the Sub-Committee the applicant stated that he would be happy to remove the tables and chairs at 11pm.

 

In summary the applicant stated he had reduced staff as he was unable to serve hot food past 11pm.  He stated that an extension of hours would be beneficial to the business.

 

RESOLVED

1)               That the application for a new premises licence at Palmera Oasis, 332 Essex Road, N1 3PB be granted:-

a)     to allow the provision of late night refreshment from 11pm until 1am Sunday to Thursday and from 11pm until 3am Friday and Saturday.

b)     Opening hours to be:-  11am to 1am Sunday to Thursday and from 11am until 3am Friday and Saturday.

 

2)               Conditions detailed on page 189 of the agenda shall be applied to the licence with the following additional condition:-

 

·        Tables and chairs outside the premises to be removed at 11pm.

 

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 applicant agreed to remove the tables and chairs from outside the premises at 11pm and that he had a sign at the door to remind patrons to keep quiet. The front of the premises only would be used to serve take away food. The premises were operated as a take away and restaurant but did not serve alcohol. The hours sought were no later than several other premises in the area.

 

The Sub-Committee noted that there were no objections from any of the responsible authorities.

 

The Sub-Committee concluded that granting the licence was appropriate to the licensing objectives and proportionate.

 

Note of the Sub-Committee

The  ...  view the full minutes text for item 168.