Agenda item

The licensing officer reported that five resident objections had been received and letters of support had been circulated by the applicant. It was suggested that police conditions 1 and 2, as detailed on page 30, be amended to restrict the numbers to 14 customers and to ensure that alcohol would be ancillary to food. He stated there were no planning issues.

In response to a question the applicant stated that it was intended to do wine tasting once a month but if it was successful it may be increased to once a week.

A local resident reported that he welcomed the small shop and the choice it brought to the area but was concerned with the alcohol licence.  Saturation levels were close to being reached or had already been reached in that area. Concerns were raised about the clarity of the application, the amount of food that would be sold with alcohol and the number of events that would be held. There were no limitations of the amount of alcohol on display and it was considered that alcohol should remain in locked cupboards and out of reach.  Concerns were also raised about the licence if the premises were sold.  A second resident was concerned that the area was in a saturation zone and considered that this did not mean much if another licence was granted.  It was requested that should the licence be granted it should only apply to these applicants only so it would not be passed on.  Residents had to suffer the residue of licensed premises including empty bottles and glasses and stated that this was yet another outlet in a saturation zone which should be properly addressed.

The legal officer advised that this was an application for a premises licence and not a personal licence and therefore could not be restricted to the applicant.

The Sub-Committee asked the resident if they considered the same issues related to this premises, as it was a small specialist premises rather than a bar.  The resident stated that they were not able to tell what the licence would lead to.

The applicant reported that they were a French delicatessen who had found small producers of French products which they would to sell. They would like to offer cheese and wine tastings.  Wine would be a complementary element to the food. The applicant’s supporter stated that Camden Passage had changed over the past seven years and instead of antique shops there were other shops.  He considered that this shop in the Passage would benefit the area.  They would not be selling lager.

In summary the applicant stated that he had a personal licence.

RESOLVED

1)       That the application for a new premises licence, in respect of Le Coq Epicier, 1 Camden Passage, N1 8EA, be granted to allow:-

a)       The sale of alcohol, on and off the premises from 10am until 8pm Monday to Friday, from 9am to 9pm on Saturday and from 10am until 7pm on Sunday.

b)       The premises to be open to the public from 10am until 8pm Monday to Friday, from 9am to 9pm on Saturday and from 10am until 7pm on Sunday.

2)       That conditions outlined in appendix 3 and detailed on page 30 of the agenda be applied to the licence with the deletion of conditions 1 and 2 as proposed by the Police to be replaced by the following condition:-

·        Alcohol products consumed on the premises will be ancillary to food with a maximum of 14 customers inside the premises.

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 and 8. The premises fall within the Angel and Upper Street cumulative impact area. 

There were five local resident objections.  The Licensing Sub-Committee carefully considered the written and oral submissions made by the residents and their concern that the granting of a new premises licence would or could in the future in their view, adversely impact on their environment in which they reside and the area generally. They expressed the opinion that the Cumulative Impact Policy should apply and that a premises licence should not be granted.

Licensing policy 2 created a rebuttable presumption that, applications for newpremises licences that are likely to add to the existing cumulative impact would normally be refused, unless an applicant could demonstrate why the operation of the premises involved would not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

Licensing Policy 8 stated that when dealing with new applications the Licensing Authority would give more favourable consideration to applications with closing hours of 11pm (Monday to Sunday) for off licences, and with closing hours of 11pm (Sunday to Thursday) and midnight (Saturday and Sunday) for restaurants.

Licensing Policy 2, sub-paragraphs 4 to 6 are relevant to this application. Sub-paragraph 4 states that the Cumulative Impact Area policy is not absolute and that the Licensing Sub-Committee needed to look at the individual circumstances of each case.

Licensing Policy 2, sub section 6 sets out examples that the Licensing Authority may consider as exceptional, namely:-

·        Small premises with a capacity of fifty persons or less who intend to operate during hours specified in Policy 8 (referred to above.)

·        Premises which are not alcohol led and operate only within the hours specified in Licensing Policy 8, such as coffee shops.

The application in question was for a small, niche enterprise, an upmarket French delicatessen that would sell French fine wines. Off sales would be limited to sealed bottles of wine and any wine sold on the premises would be ancillary to food.

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

The Licensing Sub-Committee considered the fact that a set of conditions had been agreed by the Noise Team, the Police and the Applicant.

Of particular relevance to the Licensing Sub-Committee was the fact that proposed/agreed conditions included the following:-

·        alcohol sales were ancillary to food and the premises would be able to hold a maximum of 14 customers.

·        All off sales would be limited to sealed bottles of wine

·        Alcohol would only be consumed on the premises

·        Wine tasting events would be for invited guests only and during such events, the premises are to be closed to walk in trade

·        All alcohol products must have originated from France.

The Licensing Sub-Committee concluded that granting the new premises licence with the conditions set out above, would not add to the existing cumulative impact or otherwise impact adversely on the promotion of the licensing objectives, and taking all evidence into account, was appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve.