Agenda item

The licensing officer reported that additional papers from the applicant had been tabled.  They would be interleaved with the agenda.  He stated that if the variation regarding late night refreshment was granted, Annex 2 Condition 3 would need to be deleted.  A letter was sent from the applicant to the interested parties and no response to this letter had been received.

The applicant’s representative stated that there had been no change in the hours requested but they would like alcohol to be available for collection and not just delivery.  It was noted that alcohol could only be sold with a main meal.  The application was not against licensing policy.  The other amendment to the current licence would be to increase the opening hours to the public to allow customers on the premises rather than just for delivery. There would not be a significant volume of people but the premises were currently unable to serve the public after 11pm. Discussions had been held with the police and there had been no objections by the responsible authorities.  The operation had been at the premises for a year and there were 41 outlets nationally.  There was a substantial operations manual.  It was accepted that the premises fell within a cumulative impact area but there was a good operating schedule, the premises were not alcohol led and did not have vertical drinking. On sales could be removed from the application if this was a concern.  The tables would be used as a waiting area.  One of the objectors stated that they had no objection to the current hours and had complaints about the rubbish which was left.  The applicant stated that he did not believe that this rubbish had been created by this business however, he offered a condition that they would clear the rubbish 25 yards either side of the entrance. Customers on the premises would generally order and leave within 10 minutes. The applicant offered a condition that a notice be displayed requesting customers to wait inside while their order is prepared.

In response to questions, there was no objection to alcohol being served with a main meal.  Late night refreshment could be served off the premises if this was a concern.  The applicant agreed to a condition that alcohol always be served at the same time as food. The display fridge was behind the counter and was not on display.  Items on the menu could be refused if customers were drunk.

In summary, the applicant stated that the application was licensing policy compliant.

RESOLVED

1)     That the application for a premises licence variation, in respect of Top’s Pizza, 22 Penton Street, N1 9PS, be granted to allow:-

1)         The sale of alcohol, off supplies only, Monday to Saturday from 11 am until 11pm and on Sundays from 11 am until 10:30 pm; 

2)         The provision of late night refreshment, Mondays to Thursdays from 11pm until 1am, Fridays and Saturdays from 11pm until 2am and Sundays from 11pm until midnight;

3)         The premises to be open to the public:-  Monday to Thursday from 11am until 1am, Fridays and Saturdays from 11pm until 2am and Sundays from 11pm until midnight;

4)         Non-standard timings until 3am for late night refreshment and opening hours on the following days:-

Vaisakhi, Diwali, Valentine’s Day, Eid, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day.

Conditions detailed on page 78 of the agenda shall be applied to the licence subject to the following amendments.

Current condition 2 to read. Regarding all off sales of alcohol, the following will be adhered to.

a)    Alcohol will only be sold as ancillary to a main meal from the menu.

Additional conditions:-

·         A notice will be displayed on the premises requesting that customers wait inside while their order is prepared.

·         By close of business each day, litter be cleared 25 yards from either side of the entrance to the premises.

·         Alcohol to be supplied at the same time as the main meal.

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 Policies 2 & 3.  The premises fall within the Kings Cross cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Possible exceptions to the extended Kings Cross Cumulative Impact Policy are when an application with a comprehensive operating schedule meets all the following criteria:-

·         The premises are not alcohol led

·         Premises with hours of operation consistent with framework hours

·         Premises supplying alcohol supplying alcohol for consumption on the premises with robust arrangements to prevent vertical drinking.

Three local resident objections had been received.  There had been no representations made by the responsible authorities.

The Sub-Committee was satisfied that the granting of the application for a variation with the added conditions, specifically the conditions that alcohol be sold as ancillary to a main meal, that the service of the alcohol is to be at the same time as the service of the main meal, and that litter would be cleared 25 metres on either side of the entrance to the premises at closing time, would not negatively impact on any of the licensing objectives.

The Sub-Committee accordingly decided to grant the application subject to the additional conditions.