Agenda item

The licensing officer reported that the representation on page 239 of the agenda had been withdrawn and the remaining objector had submitted a further representation.

The applicant stated that the application was for a restaurant which was under 50 covers and was restricted with core hours to be policy compliant.  There would be restaurant conditions on the licence. He stated that it would be a quality establishment which was a café in the morning and sold pizza/pasta from lunchtime.  He hoped to bring trade to a depressed area and he had no complaints with his other restaurant.  He would not bring the same noise problems as the nearby public house mentioned in the objection.  He had agreed detailed conditions with the noise team and proposed a limit of six smokers outside the premises although he reported that smokers may move down the road and out of control of the premises. He hoped to bring trade to the area. 

In response to questions it was noted that that patrons would normally leave earlier than midnight.  The kitchen would shut at 10.30pm and the premises would normally close at 11pm.  There may be a couple of tables that would stay later. There would be some takeaway business.  They may use a delivery service but not for their core time.  Deliveries would mainly be by cycle so there would be no obstruction and no queues.  There was not expected to be a large number for the take away service.  There would be no alcohol included with the take away service. 

RESOLVED

1)       That the application for a new premises licence, in respect of Café Tropical, 240 Hornsey Road, N7 7LL, be granted to allow:-

a)     The supply of alcohol, for consumption on the premises from 10 am until 11 pm Sunday to Thursday and from 10 am until midnight Friday and Saturday.

b)     The provision of recorded music from 10 am until 11pm on Sunday to Thursday and from 10am until midnight Friday and Saturday.

c)     The provision of late night refreshment from 11pm to midnight on Friday and Saturday.

2)       That conditions outlined in appendix 3 and detailed on pages 243 and 244 of the agenda be applied to the licence with the following addition:-

·        That there be a limit of 6 patrons smoking outside 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.  The premises fall within the Holloway Road and Finsbury Parkcumulative 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.

Two local resident objections had been received.  The Sub-Committee noted that one of those objections was withdrawn before the hearing. The Sub-Committee further noted that the noise team objection was also withdrawn after the applicant had agreed conditions.  

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

The Sub-Committee heard evidence that the premises was a small premises with under 50 covers and that the application had been deliberately restricted to within the core hours so as to comply with the policy.  The Sub-Committee noted that the applicant hoped to bring business to a depressed part of Hornsey Road and that he did not want to cause trouble. The Sub-Committee heard that detailed conditions had been agreed that dealt comprehensively with noise issues.  The applicant did not want late hours. It was noted that the applicant was prepared to agree a further condition limiting the number of smokers outside the premises. 

The Sub-Committee noted the resident’s concerns about the number of patrons, the possibility of eating or drinking outside the premises, the possibility of loud music in the premises and possible noise from deliveries.

The Sub-Committee was satisfied that, with the conditions agreed, together with an extra condition in relation to smokers, the grant of the licence would promote the licensing objectives. The Sub-Committee noted that the capacity of the premises was less than 50 and that the applicant proposed to operate within the core restaurant hours under licensing policy 8.  The Sub-Committee noted that the applicant had agreed to conditions preventing vertical drinking and making alcohol ancillary to a meal. The Sub-Committee was therefore satisfied that the application fell within the exemptions to the cumulative impact policy and that the grant of the licence, with the conditions, was appropriate and proportionate and would promote the licensing objectives.