Agenda item

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  The police had withdrawn their representation.  15% of the sales area was for alcohol and there would be no super strength beers sold as they would not be targeting street drinkers.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 authority reported that this premises was similar to many others in the area.  They asked that there be a later start time for the sale of alcohol and also considered that organic wines and beers should be offered to customers.  The applicant, when it was explained to him in his own language, was agreeable to this.

RESOLVED

1)       That the application for a new premises licence, in respect of Stroud Food, 73 Stroud Green Road N4 3EG be granted to allow:-

a)     The supply of alcohol, off sales only, from 10:00 until 21:00 hours Monday to Sunday.

2)       That conditions detailed on page 209/210 of the agenda be applied to the licence with the following addition.

·        That no less than 50 % of wines, beers or spirits offered for sale shall be labelled and/or described by the producer as bio dynamic, artisan or organic.

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 Finsbury Park and Holloway Road 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.

The licensing authority reported that this premises was similar to many others in the area.  They asked that there be a later start time for the sale of alcohol and also considered that organic wines and beers should be offered to customers. The applicant, when it was explained to him in his own language, was agreeable to this.

In accordance with licensing policy 2 and home office guidance 13.30, it appeared likely that the sale of alcohol could potentially impact negatively on the cumulative effect on the licensing objectives, given the proliferation of licensed premises, particularly off licences in the area. The Sub-Committee took into account that the premises were an organic fruit and vegetable store with a section of 15% display area for alcohol.   The only representation received was from the licensing authority and the applicant was willing to accept the additional condition proposed.  With that condition and a reduction in hours from those requested, the Sub-Committee concluded that there would be no negative impact on the licensing objectives.