Agenda item

The licensing officer reported that planning consent had not been granted for the hours requested but only until midnight. The licensing officer had received an email from the planning department which stated the grant of planning consent for additional hours was likely to be agreed.  The licensing policy stated that the licensing authority expected applicants to ensure that they had planning consent for the intended hours of operation.

In response to questions it was noted that this was not an application for alcohol or music.  The applicant had been selling cold food after 11pm.  There were a number of premises open until 2 or 3am in that area.

The Sub-Committee adjourned for a short time to consider whether or not to hear the application as planning consent had not been granted. Upon return the Sub-Committee stated that they would hear the application.

The applicant reported that they did not cause noise problems.  He had spoken to a resident at the rear of the premises and he was happy with the application.  Tables and chairs were placed outside the premises but would not be there late at night.  There was a sign to ask patrons to keep quiet. 

In response to a question from the Sub-Committee the applicant stated that he would be happy to remove the tables and chairs at 11pm.

In summary the applicant stated he had reduced staff as he was unable to serve hot food past 11pm.  He stated that an extension of hours would be beneficial to the business.

RESOLVED

1)               That the application for a new premises licence at Palmera Oasis, 332 Essex Road, N1 3PB be granted:-

a)     to allow the provision of late night refreshment from 11pm until 1am Sunday to Thursday and from 11pm until 3am Friday and Saturday.

b)     Opening hours to be:-  11am to 1am Sunday to Thursday and from 11am until 3am Friday and Saturday.

2)               Conditions detailed on page 189 of the agenda shall be applied to the licence with the following additional condition:-

·        Tables and chairs outside the premises to 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 noted that the applicant agreed to remove the tables and chairs from outside the premises at 11pm and that he had a sign at the door to remind patrons to keep quiet. The front of the premises only would be used to serve take away food. The premises were operated as a take away and restaurant but did not serve alcohol. The hours sought were no later than several other premises in the area.

The Sub-Committee noted that there were no objections from any of the responsible authorities.

The Sub-Committee concluded that granting the licence was appropriate to the licensing objectives and proportionate.

Note of the Sub-Committee

The Sub-Committee would remind the applicant that, until planning permission is granted for these extended hours, food should not be served after midnight despite the grant of this licence.