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 would be B2, B3, B1 and B4.  This was to allow interested parties and the applicant for Item B1 to discuss the revised application.

RESOLVED

That the minutes of the meeting held on the 16 August 2016 be confirmed as a correct record and the Chair be authorised to sign them.

The licensing officer reported that this application was in the Bunhill cumulative impact area and was currently licensed as Clerkenwell Conference Centre.  A revised application had been made for reduced hours; 10:00 until 22:00 hours seven days a week.  It was noted that the opening hours would also be 10:00 until 22:00 seven days a week.

The licensing authority advised that they had made no representation as they did not consider that the application would add to the cumulative impact area.

The local residents were concerned about the volume of business the premises would attract.  The restaurant was open to the public and would cause noise and they did not understand the need for a licence for an office.  This was a highly built up residential area.  They stated that the restaurant would seat 70 people and in the bar, 50 people who would not be members of the office premises.  There was one revolving door which would need to accommodate 500/600 people.  This door was two meters away from their own building and there had been no investigation into noise levels, the amount of people leaving the building and people smoking near the premises. 

The local residents did not consider that the applicant had put forward any measures to prevent crime and disorder, public safety and children from harm. They’d been no assurances that there would not be future applications and they did not understand why the application was necessary.  There had been a large number of public representations. 

The licensing officer reported that a letter had been sent to all interested parties on the 22 September advising of the revised application.

The applicant’s representative advised that efforts had been made to contact residents groups but they had been advised that there were none.  The hours were from 10:00 to 22:00 hours only.  Music would be background only. Patrons would access the premises via a revolving door and a concierge.   A plan of the premises was tabled. It was noted that Area A, was conditioned that alcohol would only be sold to those seated and having a table meal. Area B was a community/cafe area.  There were three further limited off sales areas marked on the plan, Areas C, D and E.  The applicant stated that there would be a maximum of 400 people in the building.  They wanted to encourage people to stay in the building with ideas such as yoga, virtual PAs.  Members could have a business meeting, go to the restaurant and have a glass of wine. On another day staff could invite their spouses/partners to the premises to meet colleagues.  The restaurant was to be run by a restauranteur and was not a chain.  If the licence was granted then if the previous licence was transferred it could then be surrendered.  There were no objections from the responsible authorities.  It was hoped that residents would use the restaurant.  They had spent a year looking for the right operator of the restaurant.  His other restaurants were  ...  view the full minutes text for item 148.

The licensing officer informed the Sub-Committee that there were other licensed premises in the building.

No interested parties were present at the meeting. The applicant’s representative said that he had emailed the residents in response to their representations but had received no reply.

The applicant reported that the balcony detailed in many of the representations was not their balcony.  The applicant tabled a plan and showed the balcony position which was away from the edge.  No licensable activities were intended on the balcony.  The application was made to facilitate client hospitality.  The sale of alcohol would take place between Boots and the caterer.  There were no bars and no walk in for members of the public.  Alcohol would be for employees only and their clients.  Staff would mainly pay only at charity events.  Lunch would be brought in. Champagne breakfasts were not yet needed but it was not something that they wanted to rule out.  They sale of alcohol would be ancillary to the use of the premises as offices and they would agree for this to be conditioned.  The terraces did not overlook the canal.  There would be no entry for general public.  They could operate without a licence but considered it better that the alcohol be licensed and under the control of a contract caterer.  The caterer would charge Boots and that would be where the sale occurred.

The licensing officer reported that there were a number of premises that had the same arrangement.  There were four licences in the building, one of which allowed the public in.  It was considered that because of the style of the operation and the number of attendees, the premises would not add to the cumulative impact.

In summary, the applicant stated that there had been no objection from planning officers.  He stated that planning had advised that A3/A4 use was for an operation from 08:00 and this operation did not fit into this type of use.  It would be neater that the hours ran from 07:00 as this would fall in line with other Boots premises, however, he stated that, if this was a sticking point for the Sub-Committee he would accept 08:00 as a start time.

RESOLVED

1)       That the application for a new premises licence, in respect of Sixth floor, Kings Place 90 York Way, N1 9AG, be granted to allow:-

a)     The sale of alcohol, for consumption on and off the premises from 08:00 until 22:00 hours Monday to Sunday.

b)     Opening hours to be 24 hours Monday to Sunday.

2)       That conditions detailed on page 163 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 consideration Licensing Policy 2.  The premises fall under the Kings Cross cumulative impact area.  Licensing  ...  view the full minutes text for item 149.

The licensing officer reported that the premises were in a cumulative impact zone and there was a history of non-compliance.

The police informed the Sub-Committee that their position had changed since their representation had been submitted.  As the area was busy they had wished to meet with the applicants who had also operated at 16 Station Place. It appeared that the premises at Station Place did not have a late night refreshment licence for three years.  The applicant was informed by the police that a licence was required. The police visited the premises after 1am on the 1 October and found the premises in operation without a licence.  He asked to speak to the manager.  As soon as the manager arrived the police officer stated that there was a strong smell of an illegal substance.  The staff continued operating until ordered not to do so by the police.  He had no faith that they would adhere to the law and asked that the licence be refused. 

The licensing authority agreed with the police.  It was stated that licensing officers had met with the applicant and had discussed an end time of 01:00 am.  The applicant was informed that he would need to close at 11pm until he obtained a licence.  The premises had been found open at 1am even though they had been told to close at 11pm a few days before.  They did not have faith in the applicant as he had a history of non-compliance.  It was noted that they would be entitled to trade up until 11pm without a licence. 

The applicant stated that his uncle owned the other premises at Station Place so he should not be blamed for not having a licence.  The premises at Kentish Town were owned by his father’s partner.  He denied having any illegal substances on the 1 October as he was strongly against this.  He was surprised the police did not speak to him about it at the time.  The applicant had applied for a 3am licence but had negotiated with officers. Officers warned the applicant that they had no licence until the meeting.  They had thought that they would get their licence.  They did not want to sell after hours or to do anything illegal.  They asked the Sub-Committee to give them a chance.  They had been closing since the 1 October at 11pm. This was a very busy area where people wanted hot food.  They would give people food to eat and then they would go home.  From 8pm to 10pm it was quiet.  For their business to thrive they needed later hours.  It had been difficult with hours only up until 11pm.

In response to questions, the applicant stated that there was a dark spot behind the van where people could take illegal substances. He could not be responsible for this area and the police had not mentioned it at the time.  He said that when he stayed open late he did not think it was licensed  ...  view the full minutes text for item 150.

The licensing officer reported that application was in a cumulative impact area.  The premises had been described as an organic food store in the application.

The licensing authority reported that the premises were in a cumulative impact area with a number of similar premises in the locality.  They raised concerns as to what would make this premises different to the others. They asked that the start time of the licence be moved to 9 or 10 am. They considered that as it was an organic store this should include alcoholic goods and the range of alcohol limited to organic craft beers, artisan spirits etc.  They considered that the licence should run from 10am to 9pm.

The legal officer reported that the test of cumulative impact was that the saturation of premises in an area was such that any other premises were likely to impact on the area.  There was a rebuttable presumption that applications would normally be refused or made subject to additional conditions unless the applicant could demonstrate in the operating schedule that the premises would not add to the cumulative impact.

The applicant’s representative reported that these premises were a supermarket that sold organic products.  Opening hours would be from 8am to 11pm.  There was a detailed operating schedule and there had been no resident objections.  The police had withdrawn their representation.  15% of the sales area was for alcohol and there would be no super strength beers sold as they would not be targeting street drinkers. The crime and disorder objective had been satisfied, the noise team were satisfied regarding public nuisance. With the conditions, they would not contribute to any problems.  Regarding what the policy stated about a high level of alcohol related ambulance call outs betweem 11pm and 4am in that area, they were not applying to be licensed between those hours.  The applicant agreed to a start time of 9am and considered that the licence should be granted.

In response to questions it was noted that the shop offered a wide range of products, not just organic but allowed other grocery types.  Alcohol was not the mainstream of business and would only be stocked in 15% of the premises area.  To restrict alcohol to organic only did not offer flexibility. Other premises would not have all of the conditions. This was the applicant’s first application for a personal licence.  He had worked in an off licence previously.  His business partner would help him who had ten years experience.  They would wish to sell organic wines and craft beers. Alcohol for sale would be limited and selected.  This was not an off licence but a grocery store and was not alcohol led.

In summary, the licensing authority stated that it was pleased that a revised start time was agreed and asked that organic wine beer be conditioned to be a percentage of the alcohol stock.  The applicant stated he would be willing to accept organic beers and wines as a percentage of stock. The licensing  ...  view the full minutes text for item 151.