Agenda and minutes

Councillor Flora Williamson welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined and those present were informed that the procedure was detailed in the papers.

Apologies for absence were received from Councillor Erdogan.

Councillor Diner substituted for Councillor Erdogan.  Councillor Picknell substituted for Councillor Williamson for Item B1 – Pistachio and Pickle.

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.

The licensing officer reported that the premises were to be open until 10pm and there had been 9 resident objections.

Three local residents spoke in objection to the application. It was stated that this was in a cumulative impact zone that already had eight licensed premises between the Camden Head and the York public house. Concern was expressed that future occupiers could use the licence but not as a cheese shop. Concerns were raised regarding an on and off licence and considered that the food allowed with alcohol should be defined as a substantial or main meal.  It was stated that there would be 16 persons on the first floor in a very small area and there would be noise escape from the windows on this floor.  Concern was also expressed about the overlooking from customers into the houses opposite.  It was considered that the pavement outside was too narrow to eat and drink outside and was a significant reduction, in terms of space, for pedestrians and for local residents. It was further stated that there should be no off sales and no eating outside. It was reported that similar licensed premises in the vicinity removed their outside tables and chairs at 6pm.  The number of licensed premises had to be limited and this application should be refused.

Councillor Klute considered that it was inevitable that people from the premises would spill out onto the pavement. He stated that he had sought legal advice and the application could be refused on grounds of the number of premises in the area, the proximity of residents and the special feature of the narrow passageway. He considered that there could not be eight customers outside the premises, at the tables and chairs, without obstruction.  It was inevitable that alcohol caused people to make more noise.  This was a very good cheese shop but including the sale of alcohol created an intensification of use.  If the licence was granted the use of the tables and chairs until 6pm in line with other premises seemed reasonable.

In response to questions it was noted that footfall and noise had increased in Camden Passage over the years and it was difficult to use front rooms with the noise. Residents reported that Coffeeworks and Applestat did not sell alcohol. This was the narrowest part of Camden Passage and was the reason why Applestat was refused.

The applicants reported that the cheese shop was a welcome addition to the area.  Alcohol was ancillary to food and customers would not be able to drink alcohol unless they were eating.  They did not want to compromise the existing passageway and would be happy to take in tables and chairs at 6pm.  There had been no representations from the licensing authority, the police or other responsible authorities.  They stated that they may be able to put film over the first floor window to prevent overlooking. They would do everything to maintain the residents’ privacy. They would be willing to consider restricting the  ...  view the full minutes text for item 67.

The licensing officer reported that additional papers had been circulated by the applicant.  These would be interleaved with the agenda papers.

A local resident spoke against the application.  She had concerns regarding the off sales proposal.  It was proposed that space had been made available for ten people to consume alcohol without a meal and she requested that alcohol was served with a main or substantial meal throughout the premises.  She raised concerns regarding outside seating as this was a very busy part of Upper Street for pedestrians and cyclists. She stated that there should be no tables outside, no off sales and a full on licence that was qualified to include meals and the whole of the ground floor.

The applicants representative reported that the application was within the framework hours in licensing policy 8.  Conditions had been agreed with the police and noise officer following consultation. The police had been in agreement with condition 2, which allowed for 10 persons on the ground floor to have alcohol with no food. A letter had been sent to residents but no response had been received.  Off sales were tightly restricted and external seating would be controlled with an application to the highways department. He considered that the application, with conditions in place, would not add to the cumulative impact and the responsible authorities had agreed with this. The premises had a capacity of less than 50 people, was food led and the hours sought were within the framework policy hours in licensing policy 8.  It was hoped that the restaurant would be a popular addition to the area.

In response to questions it was noted that the promotion of the licensing objectives in the application form were reflected in the schedule of conditions.  There were 40 covers and 10 people in the bar area.  The first floor was laid out as a restaurant. Off sales were required for wine sold with a take away meal and for service to the tables and chairs area.  It was considered that the application fell within the exceptions to the policy however, if there was a need for compromise, condition 2 could be amended.

RESOLVED that

a)  the application for a new premises licence in respect of Oldroyd, 344 Upper Street, N1 be granted:-

i)       To permit the premises to sell alcohol, on and off sales from Sunday to Thursday from 10 am until 11pm and on Fridays and Saturdays from 10 am until midnight.

ii)      To allow the provision of late night refreshment on Fridays and Saturdays from 11pm to midnight.

iii)    Proposed opening hours to be: Sundays to Thursdays from 10am until 11.30 pm and Fridays and Saturdays form 10 am until half past midnight.

b)   conditions as outlined in appendix 3 as detailed on page 68 of the agenda with the following amendment shall be applied to the licence.

Condition 2 to read. The supply of alcohol at the premises shall only be to persons taking a table meal  ...  view the full minutes text for item 68.

The licensing officer reported that there had been one response to the notice of hearing and the resident still required that the meeting be held. Hours had been reduced to framework hours.

The applicant’s representative reported that this was to be a Japanese Ramen restaurant.  As recorded music had been applied for from 11pm until midnight on Fridays and Saturdays, noise conditions had been agreed with the noise officer and would be added to the licence if granted.  Noise conditions were tabled and would be interleaved with the agenda papers.  This was a restaurant but music would be above background levels.  Windows did not open and the restaurant was air conditioned.  There was to be no external drinking. Hours had been amended to start at 11am on Sunday although midday could be agreed. It was a food led premises and fell within the exception to the cumulative impact policy. The licensing authority agreed that the application was policy compliant.

In response to questions, it was stated that music was slightly above the background level at the other three Bone Daddy restaurants and the noise officer was happy with the additional conditions as the restaurant was situated in a modern building with double glazing.  The applicant would like the flexibility for the bar area. The capacity was for 65 persons in the restaurant and another 10 to 15 in the bar area. The police had agreed 15 people in the bar area.  A plan indicating the revised hatched area could be resubmitted.

RESOLVED that:

a) The application for a new premises licence in respect of Bone Daddies, 10 Baldwin Street, EC1V 9NU be granted:-

i)       To permit the premises to sell alcohol on and off the premises from 11 am to 11pm on Sundays to Thursdays and 11 am to midnight on Fridays and Saturdays.

ii)      To allow the provision of late night refreshment from 11pm to midnight on Fridays and Saturdays.

iii)    To allow the provision of recorded music from 11pm to midnight on Fridays and Saturdays.

The proposed opening hours are 11am to 11pm on Sundays to Thursdays and 11am to midnight on Fridays and Saturdays.

b) Conditions as outlined in appendix 3 as detailed on page 106 of the agenda with the following amendment and additionshall be applied to the licence.

·          Condition 2 to read. The supply of alcohol at the premises shall only be to persons taking a table meal or have booked a table meal and are drinking prior to their meal on the bar area. The bar area customers shall be limited to 15 persons waiting to eat and consumption of alcohol by customers shall be ancillary to their meal.

Additional noise conditions.

·          On receipt of a substantiated noise complaint an assessment of sound insulation will be undertaken and appropriate improvement works and noise control measures carried out, so as to ensure that music and people noise generated within the licensed premises meets with the Council’s noise criteria within noise sensitive premises to the  ...  view the full minutes text for item 69.

The licensing officer reported that a licence variation had been issued adding the conditions detailed on page 146 of the report.

The licensing authority had submitted the review following concerns regarding the standards of management.  She summarised events that had led to the review and stated that there had been a couple of unsatisfactory visits in both February and March.  A police closure notice was issued in April following breaches of the licence conditions. She reported that she had been informed today that the noise limiter had been calibrated, copies of the training plan had been made available, staff were to go on a personal licence course at the end of the month and changes had been made to the CCTV, although this had not been checked. Progress was being made but it was suggested that a suspension of the licence up to one month would be appropriate in order to allow outstanding measures to be put in place. However, this would depend on the evidence given by the licensee at the meeting.

In response to questions, the licensing authority stated that the management structure had been a key issue.  The designated premises supervisor and other staff had reasonable experience.  A management structure was now in place and the licensing authority considered that communication may have been the main issue.

The police supported the review.  CCTV had not been working in April but they had now been assured that a new system had been fitted and upgraded.  The police would need to see that this was in full working order and of sufficient quality.  The police stated that they would like to see the training plan up and running and considered a suspension was appropriate to see this work carried out. It was noted that combustible material stored beneath the escape stairway was still an ongoing problem.

The applicant’s representative reported that improvements had been made but accepted that these had been at a slow pace. It was recognised that one month would assist the designated premises supervisor to put these measures in place. Copies of safety and fire certificates were now available and demonstrated compliance.  It was accepted that the rubbish under the fire escape was still an issue but this was to be boxed in.  A training template had been devised and two employees were to take the personal licence course in July. A one month suspension was proportionate and would tie in with ensuring these measures were in place. CCTV had been upgraded and the police would be invited to check this, together with the search and drugs policies. The noise limiter was now secured and boxed.  The premises had been sub-let to an independent DJ which had caused problems. 

In response to questions it was noted that if issues had been dealt with more speedily the premises would not have been reviewed.  The licensee accepted that it was a mistake not to have engaged with responsible authorities.  Contractors had been carrying out ongoing work and certificates  ...  view the full minutes text for item 70.