Agenda item

The police informed the Sub-Committee that, as the premises was on the border of two Boroughs it was difficult to obtain crime statistics and he considered that the situation was worse than the statistics suggested.  He would not want a grant of the licence until 3am but would suggest midnight during the week or 1am on Fridays and Saturdays.  He reported that in the past six months there were 76 violent offences in the ward. At least 50 of these were related to alcohol. The target clientele for these premises would be people who had been drinking.

The noise team were concerned about the toilet facilities. It was noted that there was a toilet shown on a plan provided but this appeared to be in a separate building and was not considered suitable or sufficient for customers.

The licensing authority stated that they agreed with the police and that they would ask for reduced hours.  The applicant had not fully engaged with the authority and as the night tube ran through Finsbury Park, customers were likely to be those drinking in the centre of London. They raised concerns regarding the position of the toilet marked on the plan as customers would need to go through a food preservation area to use it. 

The applicant’s representative stated that the premises was a kebab van with a seated area in front. The seated area would be removed after 11pm.  There would be take away food only after 11pm and the applicant would not want to provide a toilet area in this case but if it was considered necessary the applicant would provide a public urinal. They did not agree that there be a reduction in hours as suggested by the police and the licensing authority. The core hours were outlined in the licensing policy however the Licensing Act wanted flexible hours for responsible businesses to ensure a positive aspect for late night venues.  The premises would provide jobs.  Licensing hearings often considered the negative aspects of licensing.  The dispersal of customers could be managed by staff who would encourage customers to leave the area. Notices would be displayed asked customers to leave the area quietly and CCTV would be in place and could be provided on request.  The applicant’s representative asked that they be given a licence on Friday and Saturday until 3am.

In response to questions, the applicant’s representative reported that toilet facilities were not expected in a small shop.  This was a kebab van.  Staff would be managing any queue.  They would not be serving alcohol and would be serving late night refreshment only.  The police were not specific about problems from these premises.  If the licence was not granted they would be selling cold food to show that these premises could be run properly.  Crime and disorder was caused by alcohol and late night refreshment premises should not be penalised.  The applicant did not wish to add alcohol to the licence.  If they served cold food they would provide falafel, houmous and salad.  This had been done in other areas to prove that premises could operate without a problem. The applicant said he would provide a portacabin toilet for the exclusive use of customers if the licence was granted

In summary, the police stated that customers may get more annoyed if the premises sold cold food only and he could see that this might cause problems.

RESOLVED

1)       That the application for a new premises licence, in respect of El Mono, 13 Stroud Green Road, N4 2JD be granted to permit the provision of late night refreshment, Sunday to Thursday from 11pm until midnight and on Friday and Saturday from 11pm to 1am.

2)       That conditions outlined in appendix 3 and detailed on pages 57 and 58 of the agenda be applied to the licence with the following additions.

·        A portacabin toilet shall be provided

·        Tables and chairs outside the premises shall be removed at 11pm.

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 within the Finsbury Park 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.

Representations were submitted by the police, noise team and the licensing authority. 

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

The Sub-Committee was concerned that the granting of the new licence as sought would undermine the licensing objectives.

The Licensing Sub-Committee noted that both the LA and the Police had indicated in their written submissions that they would be supportive of the application if the hours for the provision of late night refreshment were within the core hours as set out in Licensing Policy 8.

The Licensing Sub-Committee accepted the concerns of the Noise Officer, that there was inadequate provision in the application for toilet facilities for patrons of the business and that this could impact adversely on the licensing objectives and cause a public nuisance.

The Sub-Committee concluded that granting the application as set out above, within the core hours and with the requirement that a portacabin toilet be provided, would not adversely impact on the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.