Agenda and minutes

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

There were no apologies for absence.

There were no declarations of substitute members.

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 was as the agenda.

RESOLVED

That the minutes of the meeting held on the 22 June 2016 be confirmed as a correct record and the Chair be authorised to sign them.

The licensing officer reported that this application was to amend a condition of the licence to increase the number of customers in the seated bar area.  Since the original application the applicant had withdrawn the proposal to remove the condition that there would be no vertical drinking in the premises.  It was noted that Councillor Klute had withdrawn his representation following this amendment.

The licensing authority stated that they had concerns regarding the vertical drinking condition and accepted the application, now this request had been withdrawn.

The applicant stated that they had received a letter from one resident which stated they were no longer going to pursue their objection.  He stated that there would be no vertical drinking in the premises and it was their hope that people seated in the bar area would then eat in the restaurant.  Drinking without food would cease at 9pm.

RESOLVED

1)       That the application for a premises licence variation, in respect of Bellanger, 9 Islington Green, N1 2XH be granted to apply the following conditions to the existing licence:-

Amend Annex 2, condition 3 to read.

·        The supply of alcohol shall be ancillary to the provision of a table meal to all customers seated at tables and served by a waiter/waitress save up to 40 persons seated at the bar counter or seated at the fixed seating shown in the hatched area of the attached plan until 21:00;

Add the following additional conditions:-

·        There shall be a designated smoking area at the front of the premises.  The number of people allowed at any one time to remain in the designated area to smoke shall be limited to 5 persons.  The premises shall ensure that a member of staff regularly monitors the designated area to ensure that the maximum number of people is not exceeded.

·        Folding windows to the frontage to be closed at 23:00.

·        Notices to be displayed reminding patrons to respect the needs of local residents and to leave the premises and the area quietly.

·        Any amplified music be limited to ambient background levels

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 Angel and Upper Street 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 operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

It was noted that the application had been amended and the application to remove the vertical drinking condition had been withdrawn.  As a result of the amended application the police and noise team had withdrawn their representations  ...  view the full minutes text for item 139.

The licensing officer reported that the applicant had amended the application to bring the hours in line with those granted by planning permission.

In response to questions from the Sub-Committee, the licensing authority reported that this area was not the busiest end of Caledonian Road and that she did not believe that there were any problems in this part of Caledonian Road.

The applicant stated that he had run similar businesses for 16 years.  He stated that he only wanted the licence for half an hour.  There were other takeaways in the area that were open until 2am and the cumulative impact should apply to all businesses.  He needed half hour to allow his business to be more successful.

In response to questions regarding noise and disruption, it was noted that he had signs in place, had CCTV and his staff were experienced and well trained.  There was enough room outside to park motorbikes.  It was noted that most of his business was delivery rather than customer collection. The additional half an hour would cover expenses as it was an expensive area to set up a business.  The premises had been closed for many years and he had been there for eighteen months.  There had been no issues or complaints from neighbours in the past six months.

RESOLVED

1)       That the application for a new premises licence, in respect of Four Seasons Express, 239 Caledonian Road, N1 1ED, be granted to allow:-

a)     Late night refreshment from 23:00 until 23:30 hours, Monday to Sunday.

b)     Opening hours to be:- 11:00 hours until 23:30 hours, Monday to Sunday.

2)       That conditions outlined in appendix 3 and detailed on page 59 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 took into consideration Licensing Policy 2.  The premises fall under the Kings Cross cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

There were three resident objectors. There had been no representations made by the responsible authorities.

The Sub-Committee noted that the applicant had amended his application and was now only seeking a late night refreshment licence for half an hour each night of the week, in line with his planning consent.

The Sub-Committee heard evidence from the applicant that his business relied on his delivery service rather than customer collection. The Sub-Committee heard evidence that, in relation to the prevention of noise nuisance, there were signs on the premises, CCTV cameras and that the staff were  ...  view the full minutes text for item 140.

The licensing officer reported that three letters of support had been submitted by the applicant and he wished to call the supporters as witnesses. The objector was asked if he objected to the admission of these letters.  The Sub-Committee noted that two other interested parties were not in attendance and therefore could not view the letters or object to them. The interested party present at the meeting did not object to the admission of the letters.  The Chair stated that they would admit the letters of support and would consider what weight should be given to them. 

In response to questions, the licensing authority informed the Sub-Committee that the premises were not in a cumulative impact area, the hours were within the licensing policy core hours and this was a small premises.  There were no objections from the responsible authorities as police and noise conditions had been agreed.

The interested party stated that he was particularly concerned about the licensing objective for the prevention of public nuisance.  He shared a party wall with the premises and when there had been a couple of temporary events at the premises, the music had been very loud through the living room and bedroom wall.  He was concerned that there was no reference in the application that alcohol should be served alongside food.  The bar area could be used for drinking only and DJs could play loud music.  He stated that Balls Pond Road was a very narrow street and he had concerns that people would make noise when leaving and when congregating outside.  He was concerned that this would exacerbate crime and disorder which already existed in the area.

In response to questions, the applicant stated that he had considered soundproofing measures.  He played music upstairs and the wall to the adjoining property would be soundproofed.  He would take measures if the premises were noisy. It was accepted by the neighbour that he had not been disturbed by noise escape for some time but that proposed condition 5 did not allay his concerns regarding noise escape and asked if there could be a further condition regarding insulation.  He was also concerned about customers drinking and congregating on the narrow pavement outside.

The applicant stated that he had owned the café for the past five years and had served food until 6pm.  He would like to extend these hours until 11pm and serve homemade wine from Sardinia. He had not received complaints from neighbours.  Alcohol would be served with food.  This was a restaurant and he would not expect to see drunk people congregating outside. The outside patio area would close at 9pm.  He would soundproof one wall.  He would not want to disturb his neighbour.  There was an off licence across the road.  Previous incidents had been at later hours than he was now applying for.  The applicant’s agent stated that insulation had been discussed.  The applicant had a couple of parties with temporary event notices.  People would not drink outside as  ...  view the full minutes text for item 141.