Agenda item

The licensing officer reported that a presentation and further letter to a resident had been separately circulated. The resident was not in attendance, but their representation had not been withdrawn.

The applicant’s representative stated that there was one single resident objection to this application. This was a community minded application, and the applicant had carried out a letter drop to residents. The premises would be a tea/coffee shop and deli with a craft beer and wine offering in the evening. There were 84 proposed conditions which included restrictions on vertical drinking. The representation raised concerns about a bar open at 3am but this application was within framework hours and would have no adverse impact on the cumulative impact area. He asked that the application be granted as all concerns were comprehensively addressed.

In response to questions, it was noted that there would be Challenge 25 ID checks in the evening however, the premises would more likely appeal to the more mature drinker. There would be a Jazz bar vibe. The applicants ran a local pub and had experience with preventing drink spiking. This would be a mostly table service premises, was not large and so it would be easy to see all patrons. Smokers would be directed towards Caledonian Road although it was not expected that there would be many smokers. They would be leading with the tea/coffee deli offering and football fans would be unlikely to prefer a table service cheeseboard. The basement was to be used as a community space for groups. Events would not be ticketed. If there were any noise leakage from the premises this would be dealt with.

RESOLVED

1)      That the application for a new premises licence, in respect of 26 Caledonian Road, N1 9DT, be granted to allow:-

a)    The sale of alcohol on and off the premises from 10:00 until 23:00 Sunday to Thursday and from 10:00 until midnight Friday and Saturday;

b)    Late Night Refreshments from 11 pm until midnight Friday and Saturday;

c)     Opening hours of the premises from 10:00 until 23:30 Sunday to Thursday and from 10:00 until half past midnight Friday and Saturday;

d)    From the end of permitted hours on New Years’ Eve to the start of permitted hours on New Years’ Day; and until midnight on Sundays immediately before Bank Holiday Mondays.

2)      That conditions detailed on pages 82 to 84 of the agenda shall be applied to the licence.

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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives. It was noted that the premises were already licensed.

One local resident objection had been received.  Conditions had been agreed with the Police and Noise Team.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

       The Sub-Committee heard evidence from the applicant’s representative that this was a community minded applicant who had tried to engage with local residents. The premises were partly community owned and were already licensed so there was no issue of cumulative impact. The premises would be a deli/coffee bar by day with a modest craft beer and wine offering in the evening. Conditions had been agreed in respect of vertical drinking and noise control. The local resident objector had referred to issues with a bar downstairs from their premises, but this was nothing to do with the applicant. Challenge 25 was in place and there would be mostly table service which would combat drink spiking. The applicant did not anticipate the premises becoming a venue frequented by fans on match days. There would be jazz and blues events which would not be ticketed but would largely be music students creating a mellow vibe. The applicants had a great deal of experience with sound proofing.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6.  The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not add to the cumulative impact.

The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives.