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Agenda item

Proper Tacos, Unit 30/30a, Nags head market, 22 Seven Sisters Road, N7 6AG - New Premises Licence

Minutes:

The Licensing Officer was asked to report any additional updates. In response, the Sub Committee was told that the application was as presented and that there was one resident representation of which there had been no indication received that they would be in attendance.

 

The Chair noted that there were no interested parties in attendance and moved to request that the applicant presented their key points.

 

The applicant stated that their business was food focused, selling tacos, burritos and other Mexican foods; that alcohol is ancillary to the business and that they currently rent an additional unit in front of theirs for seating and customer circulation. The applicant further stated that alcohol was only sold with food, that additional alcohol could not be ordered without a meal, and that the request to sell off premises was just to enable customers to take unopened alcohol with them.

 

The applicant also stated that they sufficiently staffed to monitor their small space of operation and that there were twenty-five seats in the additional area but that they needed till system to help control the flow of food. The applicant stated that they expected the same customer base should the licence be granted.

 

The applicant noted that the Nags Head Market had a sizable social media presence and while that had bought in some new patronage, it was not to the degree that it had caused any major issues, and the conditions for the market site overall was strict regarding customer flow. The applicant stated that the business had a majority Mexican clientele but that this was becoming more diverse and that in terms of alcohol offering, was seeking to stock beverages that complemented meals such as cocktails.

 

The applicant also stated that they currently hold a personal licence, had ensured staff were trained and refreshed and was seeking to have more of their team hold personal licences to ensure the licensing objectives were met and enable greater flexibility. The applicant stated that to date they had not had any incidents in relation to their operation.

 

The Sub Committee asked how many staff were employed as part of the operation to which the applicant responded that they were five including themselves.

 

The Sub Committee sought clarification on the additional rented unit, to which the applicant stated that this was for the purpose of seating and queue management, to minimise disruption to other traders in the vicinity. 

 

The applicant stated that as far as they were aware, they were the only establishment on the ground floor of the market permitted to sell alcohol, and the only other licensed premises for this within the market was the Upper Place.

 

The Sub Committee asked the applicant about their matchday operations, to which the applicant stated that while there was some additional patronage, it was not significant, and that the location of the market was slightly out of place in relation to the stadium for it to be so.

 

In summing up, the applicant stated that they were looking to implement a till system within the unit to save space and manage the flow of orders, that there was always a staff member to supervise the space, that other staff would become licence holders and that the market was sufficiently monitored through CCTV and co-operation between traders.

 

 

RESOLVED

 

1)      That the application for a new premises licence, in respect of Proper Tacos, Unit 30/30a, Nags head market, 22 Seven Sisters Road, N7 6AG, be granted to allow:-

 

a)    The sale of alcohol, on & off the premises

·        Mondays from 12 noon to 20:00.

·       Tuesdays to Thursdays, from 12 noon to 21:00

·       Fridays & Saturdays, from 12 noon to 22:00.

·       Sundays, from 12 noon to 17:00.

·       On Bank Holidays from 12 noon to 16:00.

 

b)    The opening hours to be:

·       Mondays, from 08:00 to 20:00.

·       Tuesdays to Thursdays, from 08:00 to 21:00.

·       Fridays & Saturdays, from 08:00 to 22:00.

·       Sundays, from 08:00 to 18:00.

·       Bank Holidays from 10:00 to 16:00.

 

2)      That conditions outlined in appendix 4 and detailed on page 87-89 of the agenda 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 considered the Licensing Act 2003, as amended, and its regulations, the Home Office revised guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy

 

This application is subject to Licensing Policy 3, which states that there is a presumption of refusal unless the Sub-Committee is satisfied that there will be no adverse cumulative impact on the licensing objectives.

 

The Licensing Authority received one representation from a local resident which can be found at Appendix 2.  The resident was not in attendance at the meeting.  The Applicant had written a letter in response seeking to address the concerns of the resident which can be found at Appendix 3.

 

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 that he already had a licence for a smaller unit within the market and had respected that licence to date with no reported incidents. His business was food focused serving authentic Mexican food.  The Applicant confirmed that his intention was to adopt the unit in front to create a till space and seating to provide a better service and support crowd control.  The Sub-Committee heard that the Hertslet road exit would be closed at 8pm and the applicant expected the same clientele with no sudden influx of customers. The applicant explained that alcohol would only be sold ancillary to a meal, customers would not be able to order more when food was finished unless more food was ordered and the alcohol being sold would consist of bottled beers and cocktails, not alcohol in shot form. The Applicant was committed to ensuring his staff were appropriately trained to promote the licensing objectives.

 

The Application has no objections from the relevant authorities, representations having been withdrawn from the Police and Noise Team having agreed conditions with the Applicant.  The operating schedule and agreed conditions from the Police and Noise Team at Appendix 4 provided the Sub-Committee with confidence that the relevant authorities are of the view that the licensing objectives will be promoted.

The Sub-Committee concluded that this case fell within the exceptions to the cumulative impact policy in that it was within framework hours and was not alcohol led and the presumption against granting the licence is rebutted. 

The Sub-Committee was satisfied that no adverse cumulative impact will arise if the conditions proposed in the operating schedule are implemented and that granting the premises licence with the conditions agreed was proportionate and appropriate to the promotion of the licensing objectives.

 

Supporting documents: