Agenda item

The licensing officer reported that the hours requested had been amended to 9am to 11pm on Monday to Sundays.  These hours should also be reflected in condition 12. The opening hours would be from 7am to 11pm.  It was noted that representation 4 was a representation from a local business which had a terminal hour of 3am, who was present at the meeting.

The Chair reported that the financial impact on another business should not be taken into account.  The application was not in a cumulative impact area.

The interested party, through a translator, stated that his premises was just doors away and if this licence was granted it would kill his business.  Applications should benefit the area and not make it worse.  There were four or five business that were identical and many businesses of this type would not improve the area.

The applicant’s representative stated that the interested party had not been accurately translated. The Chair considered that the Sub-Committee had understood the main points of the submissions.

The applicant’s representative reported that this was a family business and they previously had an off licence nearby and lived five minutes walk away.  They understood the area well.  The husband and wife were both personal licence holders.  They wanted to be different from other shops and were looking to sell greener, more organic products.  A full refurbishment would be completed in two to three weeks.  There would be four people working in the premises and their 20 year old son would be obtaining a personal licence.  The applicant had taken on board the concerns of the interested parties.  Conditions had been agreed.

In response to questions regarding the impact on the area the representative reported that conditions were extensive, the licence was requested in core hours, alcohol was expected to be 15% of the sale, they wished to sell a different product to provide what the consumer wanted.  The applicants had a clean record and were serious about what they were doing.

In summary, the interested party stated that the area would not be able to handle the number of shops and they would be affected.

RESOLVED

1)       That the application for a new premises licence, in respect of Newington Park Supermarket, 135 Newington Green Road, N1 4RA be granted to allow:-

a)     The sale by retail of alcohol, off sales, Mondays to Sundays from 9am until 11pm.

b)     Opening hours to be:- Mondays to Sundays from 7am until 11pm.

2)       That conditions detailed on page 132 of the agenda shall be applied to the licence with the following amendment.

Condition 12 to read.  At least two members of staff shall be on the shop floor between 9pm and 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 applicant’s representative amended the application to reduce the terminal hour to 11pm Mondays to Sundays.

The Sub-Committee noted that there had been no representations made by the responsible authorities.

One local business objector attended the meeting.  He stated that the new premises would be just two doors away and more businesses would not help the area.  The Sub-Committee took the view that the impact of a new application on a similar business in the immediate vicinity was not a material consideration for the Sub-Committee to take into account when determining the application.

The Sub-Committee heard evidence from the applicants’ representative that it was a family business who lived in close proximity to the premises, that both husband and wife held personal licences and had been in the trade for twelve years with no complaints.  They were proposing that, with the sale of alcohol, that they were interested in providing greener options in terms of the products sold.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 8.  The applicant had consulted with the police and the noise team and agreed conditions.

The Sub-Committee also took into account licensing policy 4 regarding shops selling alcohol and licensing policy 18 and 19 regarding noise, deliveries and collections.

The Sub-Committee considered that the grant of the licence, with the agreed conditions, would promote the licensing objectives.