Agenda item

The applicant reported that this was a new application for a previously licensed bar/restaurant which included a smaller bar area than previously and had restaurant conditions throughout.  Discussions had been held with interested parties but objections still remained.  It was proposed to surrender the existing licence if granted.

In response to questions, the applicant agreed to limit off sales to external tables and chairs.  It was noted that the bar area would hold approximately 20 people.  There would be waitress service to the outside and tables and chairs would be put away quietly.  This was a high end sit down restaurant.  A condition was offered regarding patrolling the outside area and it was noted that music would be background only.

RESOLVED:

That the application for a new premises licence in respect of Bellanger, 9 Islington Green, N1 2XH be granted

i)       To permit the premises to sell alcohol, on and off sales, Monday to Sunday from 10:00 until midnight.

ii)      To allow the provision of late night refreshment, Sundays to Wednesdays from 23:00 until 00:30 and from Thursdays to Saturdays from 23:00 until 01:00.

Proposed opening hours: Sundays to Wednesdays from 08:00 until 00:30 and Thursdays to Saturdays from 08:00 until 01:00.

iii)  Conditions as outlined in appendix 3 as detailed on page 172 of the agenda shall be applied to the licence with the following amendments.

·      Deletion of condition number 10.

·      Additional condition.  Off sales shall be limited to the external tables and chairs.

·      Additional condition. Regular hourly staff patrols for outside area to include Collins Yard from 9pm until close.

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 current premises licence, previously held by Browns had been transferred to the applicant and further, the applicant indicated that the current premises licence would be surrendered if the application was agreed. The Sub-Committee noted that the proposed hours of operation mirror the current licence and was therefore satisfied that the premises would not contribute to the cumulative impact area. 

The Sub-Committee heard evidence about the applicant’s experience in managing licensed premises and was satisfied that the high standards required by licensing policy 10 would be met. In particular the applicant indicated that outside diners would have dedicated waiting staff and that the duty manager would be responsible for organising regular staff patrols around the premises.  The Sub-Committee was satisfied that these measures would address the concerns of residents and would promote the licensing objectives.

The Sub-Committee noted that the premises would be run as a restaurant and that the licence previously held by Browns was akin to a pub licence.  The Sub-Committee was satisfied that the proposed operation by the applicant would promote the licensing objective regarding public nuisance.

The applicant agreed with the two additional conditions and the Sub-Committee was therefore satisfied that the application should be granted.