Agenda and draft minutes

Councillor Ben Mackmurdie 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 Councillor Asima Shaikh.

Councillor Ilkay Cinko-Oner substituted for Councillor Asima 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.

There were no declarations of interest.  

The order of business would be Item B1 then B3. Item B2 had been withdrawn from the agenda.

RESOLVED:

That the minutes of the meeting held on 10 December 2024 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The licensing officer reported that the applicant had amended the application from 4am to 2am each day. It was stated that the opening hours would start from 7am. In response to a question from the licensing officer, the applicant’s representative stated that this included Thursdays. The applicant’s representative had stated that they would wish to operate to restaurant conditions although these had not been set out. New plans had been submitted with the application but a variation from the previous plans had not been applied for. A further application would need to be made for this.

The Licensing Authority reported that there were two main policy considerations. The applicant would need to demonstrate that they were an exception to the cumulative impact policy. The hours applied for were outside restaurant framework hours. The Licensing Authority was concerned about the supply of food from a hatch onto the street. Patrons could come to the premises after they had been drinking and collect further alcohol with their food. He raised concerns that the designated premises supervisor application had been made in June when the premises had been open for 9 months. A warning letter was also sent for trading outside their current hours. The premises had been compliant since that time. They would not support an application beyond policy hours, which were 1am for a takeaway on Fridays and Saturdays. The plan indicated a mezzanine area. There were significant changes and a variation would need to be submitted before the licence could be used.

In response to questions, it was noted that the Licensing Authority could not be sure that Responsible Authorities had considered the plan as an amendment for the plan had not been applied for. The hatch was not indicated in the previous drawings.

The police stated that, following a TENs application, he had contacted the agent as no designated premises supervisor (dps) was available. The previous licence was outdated and had only a few conditions. The applicant had stated that he wished to extend the hours and the police advised that they would need to upgrade the current licensing conditions. The applicant had submitted a minor variation and those conditions were now on the current licence. They would support an application for framework hours but would not be supportive of serving from the hatch, which he considered would add to anti-social behaviour. The temporary event notices had passed without incident. He advised that he would not recommend alcohol being served through the hatch.

Councillor Klute and two local residents spoke against the application. Councillor Klute advised that the application was in the cumulative impact area and would therefore be contributing to the impact. He raised concerns that the applicant’s representative did not understand this. They had given examples of premises with late hours, but they were all in noisier areas than this particular location. There were a number of routes from the premises, and he considered this would attract vehicle movements. He was concerned  ...  view the full minutes text for item 146.

The Sub-Committee noted that this item was deferred at the request of the applicant.

The licensing officer had no updates on the application.

The applicant stated that he had 25 years in the business. He had no problems and sold Italian food with red and white wine from Sardinia. Customers would be seated and alcohol would mostly be sold with food. They would prefer customers to eat with wine. Olives and bread were always provided once customers had ordered. There was some takeaway.

In response to questions, it was noted that he would use Uber and Deliveroo who used electric bikes 90% of the time.  Customers would not be served if drunk. CCTV cameras were in place. Should the rear garden be used it would be closed at 9pm. They may have tables at the front but would need a pavement licence. Smokers would be sent out the front and they would provide ashtrays. He reminded customers to be respectful of neighbours and not talk too loudly.

RESOLVED

1)      That the application for a new premises licence, in respect of Il Bacio, 2 Ferntower Road, N5 2JG, be granted to allow:-

a)    The sale of alcohol on the premises Monday to Sunday from 11am to 11pm.

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

2)      That conditions detailed on pages 154 to 155 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 particular consideration Licensing Policy 5 which allows the Licensing Authority to impose further limitations on hours where it is appropriate to promote the licensing objectives.

The Sub-Committee took into particular consideration Licensing Policy 6 which allows the Licensing Authority to give more favourable consideration to applications with the opening and closing times that were within ‘Framework’ hours. The licensing committee in particular took into consideration the policy statement that local issues may indicate that shorter licensing hours are appropriate to promote the licensing objectives and two resident objections had been received but none attended. It was noted that their representations were to do with the construction in the building. There had been no representations made by the responsible authorities.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5.

The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not promote the licensing objectives.

The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives.