Agenda item

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 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 had been no representations made by the responsible authorities.  No residents attended the meeting and the Sub-Committee heard the application in their absence, taking their representations into account.

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

The Sub-Committee noted that it appeared from the applicant’s presentation that there may have been a misunderstanding about the area it was proposed to licence. The applicant’s balcony did not overlook Battlebridge basin but was set back.  There were no licensable activities intended on their balcony. No general public were allowed in the premises.  The licence was necessary for the sale of alcohol between Boots and the contract caterer.  The applicant’s representative said that he had emailed the residents in response to their representations but had received no reply.

The Sub-Committee considered, for the avoidance of doubt given the planning situation and at the invitation of the applicant’s representative, the starting hour was changed to 8am.