Agenda item

The applicant reported that planning permission for A3 use had been granted on the 22 January 2014.  A letter sent from the applicant to residents was tabled and would be interleaved with the agenda papers.

The noise officer reported that the applicant had accepted the proposed noise conditions.

Three local residents spoke in objection to the application.  They reported that the coffee shop was in the cumulative impact area.  There considered that there was no reason to sell alcohol with coffee.  There was regular anti-social behaviour in the area. Concerns were raised that the premises would not be as well managed by a future licensee. Police did not consider anti-social behaviour a priority.  The residents gave an example of anti-social behaviour that took place after midnight on the 18 June 2014.  It was considered that the Angel had reached saturation point and it was for the applicant to rebut the presumption of cumulative impact.  The premises were close to a school and public transport links and asked members to refer to the Home Office guidance regarding this.  They raised concerns regarding the off sales and how this would be managed. They stated that additional alcohol sold would be likely to add to further anti-social behaviour and also to the existing cumulative impact in the area.  Residents welcomed a coffee shop in the area but did not consider that it was necessary for the shop to sell alcohol.

The applicant spoke in support of the application.  He reported that the premises was a speciality coffee house serving the local community. He employed local staff and operated an in house training programme.  He did not intend to become a bar or a club and would only serve alcohol until 8pm and this would be ancillary to food sales.  Wine would only be served to seated customers.  He did not consider that it would create further noise or impact on the local community.  He had spoken to the local police, recognised his responsibility to local residents and was sensitive to issues regarding drinking, noise and protection of children.  He reported that he would work in partnership with residents.

In response to a question from the legal adviser he reported that, as a compromise to residents, he would withdraw the off sales he had applied for.

In summary, the residents reported that they were unhappy with the addition to the number of licensed premises, which would increase the cumulative impact.

The applicant reported that he was a responsible manager and had withdrawn off sales as a compromise.  He would continually review the business and liaise with residents.

RESOLVED

1) That the application for a new premises licence in respect of The Coffee Works Project, 96-98 Islington High Street, N1 be granted to permit the sale of alcohol for consumption on the premises only from 12:00 to 20:00 on Monday to Saturday and 12:00 to 17:30 on Sunday.

2) Conditions as outlined in appendix 3 as detailed on pages 100-103 of the agenda shall be applied to the licence as amended due to the removal of the application for off sales.

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 002.  The premises fall under the Angel and Upper Street cumulative impact area.  Licensing policy 002 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.

The Sub-Committee noted that the police did not object to the application and the Noise Team had no objections.

The Sub-Committee also considered the representations made by the local representatives.

The Sub-Committee was concerned that the granting of the new licence would undermine the licensing objectives. In accordance with Licensing Policy 7, the Sub-Committee noted the cumulative impact that the proliferation of late night venues and retailers in the borough is having on the promotion of the licensing objectives.

The policy was not absolute. The circumstances of each application must be considered on its merits. The business in question was a coffee shop and the hours requested for the licence were 12:00 to 20:00 Monday to Saturday and 12:00 to 17:30 on Sunday.

During the application the applicant withdrew his request for an off sales licence. The Sub-Committee therefore only had to consider whether the applicant should receive an on sales licence for the times referred to above.

The Council’s licensing policy refers to examples where application should be considered as exceptional to any cumulative impact policy.

The examples referred to are:-

·        Small premises with a capacity of 50 persons or less who only intend to operate during hours specified in Policy 8.

·        Premises which are not alcohol led and operate only within the hours specified in Licensing Policy 8 such as coffee shops.

Licensing Policy 8 states that when dealing with new applications the Licensing Authority will give more favourable consideration to applications with certain closing hours and times. With regard to restaurants and cafes, the closing times referred to are 11pm (Sunday to Thursday) and midnight (Friday and Saturday).

The premises in question was a coffee shop, it was not alcohol led and the operating hours are within the hours referred to in Policy 8.

In light of the above and the lack of submissions by the police, the Sub-Committee concluded that the granting of the application subject to the conditions attached was proportionate and reasonable.