Agenda item

The licensing officer reported that the premises were to be open until 10pm and there had been 9 resident objections.

Three local residents spoke in objection to the application. It was stated that this was in a cumulative impact zone that already had eight licensed premises between the Camden Head and the York public house. Concern was expressed that future occupiers could use the licence but not as a cheese shop. Concerns were raised regarding an on and off licence and considered that the food allowed with alcohol should be defined as a substantial or main meal.  It was stated that there would be 16 persons on the first floor in a very small area and there would be noise escape from the windows on this floor.  Concern was also expressed about the overlooking from customers into the houses opposite.  It was considered that the pavement outside was too narrow to eat and drink outside and was a significant reduction, in terms of space, for pedestrians and for local residents. It was further stated that there should be no off sales and no eating outside. It was reported that similar licensed premises in the vicinity removed their outside tables and chairs at 6pm.  The number of licensed premises had to be limited and this application should be refused.

Councillor Klute considered that it was inevitable that people from the premises would spill out onto the pavement. He stated that he had sought legal advice and the application could be refused on grounds of the number of premises in the area, the proximity of residents and the special feature of the narrow passageway. He considered that there could not be eight customers outside the premises, at the tables and chairs, without obstruction.  It was inevitable that alcohol caused people to make more noise.  This was a very good cheese shop but including the sale of alcohol created an intensification of use.  If the licence was granted the use of the tables and chairs until 6pm in line with other premises seemed reasonable.

In response to questions it was noted that footfall and noise had increased in Camden Passage over the years and it was difficult to use front rooms with the noise. Residents reported that Coffeeworks and Applestat did not sell alcohol. This was the narrowest part of Camden Passage and was the reason why Applestat was refused.

The applicants reported that the cheese shop was a welcome addition to the area.  Alcohol was ancillary to food and customers would not be able to drink alcohol unless they were eating.  They did not want to compromise the existing passageway and would be happy to take in tables and chairs at 6pm.  There had been no representations from the licensing authority, the police or other responsible authorities.  They stated that they may be able to put film over the first floor window to prevent overlooking. They would do everything to maintain the residents’ privacy. They would be willing to consider restricting the number of tables and chairs outside.  The premises could not end up as a wine bar as cheese would need to be sold with alcohol.  Wines and fortified wine would be sold at the premises with some bottled craft beers.  They would not sell spirits or beers on tap.  They could reduce outside the tables and chairs outside to two with four people. Sales of alcohol only would be refused. Music was background only.  The number of people that could be accommodated on the first floor was 16.  This could be restricted if necessary.  The applicants were concerned that planning permission may not be granted for an air conditioning unit as the premises was situated in a conservation area.  They had followed the correct consultation process but had not held a meeting with residents to discuss the application.

In summary, the interested parties considered that this was too small a premises for this use. This was the wrong location for this type of premises, the street was too small and it would impact on residents at both the front and the rear of the premises. Appestat had been refused and it was considered that this should remain as a cheese shop without alcohol.

The applicant stated that this premises had a unique offering. It was unlike Appestat and wine would be paired with cheese.  The applicant stated that there was no intention of turning the shop into a wine bar.

RESOLVED that

a) the application for a new premises licence in respect of Pistachio and Pickle Dairy, 6 Camden Passage, N1 8ED be granted:-

i)       To permit the premises to sell alcohol, on and off the premises, from 10 am to 10.30 pm on Monday to Saturday and 10 am to 10 pm on Sunday.

ii)      Opening hours to be from 10 am to 10.30 pm on Monday to Saturday and 10 am to 10 pm on Sunday.

b)  Conditions as outlined in appendix 3 as detailed on page 34 of the agenda with the following additionsshall be applied to the licence.

·        Tables and chairs outside shall be cleared away at 6pm.

·        Tables shall be restricted to two outside the premises with two people seated at each table.

·        Customers on the first floor shall be limited to 12 people, excluding staff.

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 2.  The premises fall under the Angel and Upper Street cumulative impact area.  Licensing policy 2 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 heard from the residents that there were already eight licensed premises between the Camden Head and the York public houses and granting this application would add to the cumulative impact.  The premises were situated along a particularly narrow passageway and having tables and chairs outside the shop would restrict the access for pedestrians. There were concerns expressed that the application was for full on and off sales and residents asked that if granted there be no off sales and tables and chairs be removed at 6pm in keeping with neighbouring licences. There were also concerns regarding noise escape from the first floor windows and the number of customers to be accommodated in a limited space.

The applicant confirmed that the intention of the business was to provide an alcohol drink with a cheese plate and would not be a wine bar and the sale of alcohol would be ancillary to the sale of cheese platters.  The applicants conceded to the removal of tables and chairs at 6pm and a limit of 2 tables with 4 people seated to reduce the noise impact on residents and footfall for pedestrians.  There would be a limited number of covers.  Music would only be background.

The Sub-Committee noted that there were no representations from responsible authorities.

The Sub–Committee noted that the premises were in close proximity to residential premises.  The applicant had made concessions to the application by agreeing to limit the number of tables and chairs outside and would liaise with residents to address concerns raised regarding noise and privacy issues.

The Sub-Committee considered that the premises were within the exceptions to the cumulative impact policy detailed in licensing policy 2.  This was a small premises with a capacity of 50 or less, the operating hours were within the hours specified in licensing policy 8 and the premises were not alcohol led. The Sub-Committee was satisfied that the agreed conditions would prevent future use as a wine bar only. The Sub-Committee therefore considered that the operation of the premises would not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

Note of the Sub-Committee

The Sub-Committee expects the applicant to work with residents to reduce overlooking and noise from the first floor windows at the front and rear of the premises.