Agenda item

The licensing officer tabled the responses received from interested parties in response to a letter sent by the applicant.  These would be interleaved with the agenda papers. It was noted that an email had been sent from Councillor Burgess proposing two conditions; alcohol should only be sold with food and that there should be a cleaning regime for the alleyway.

The applicant’s representative reported that that a dedicated mini cab service would be available and was happy to check and clean the alleyway four times a day and provide litter bins.  Conditions had been agreed, including the police and noise conditions. It was considered that the landlord may be able to lock the passageway so the problems regarding litter would be solved.  It was reported that the licensing objectives would be upheld.  The premises did not have late hours and there would be no late night refreshment on Sundays.

In response to questions it was noted that there would be six people seated inside the premises and two people outside if permitted.  The applicant would display notices asking customers not to cause a nuisance to neighbours.  The deli would have a fridge and food would be heated in the microwave.  Meals would be purchased from a wholesaler.  A personal licence had been applied for.  There would be training for staff. The opening hours were 7am but alcohol would not be sold until 10am.

In summary the applicant’s representative stated that the deli would bring a positive impact to the area and there was the power of the review of the licence if there were any problems.

RESOLVED

a) That the application for a new premises licence in respect of Asian and Euro Deli, 599 Holloway Road, N19 4DJ be granted:-

i)      To permit the premises to sell alcohol, on and off supplies, from Monday to Saturday from 10:00 until 23:00 and Sunday from 10:00 until 22:00..

ii)     To allow the provision of late night refreshment from Monday to Saturday from 23:00 until 23:30.

Opening hours to be from 07:00 until 23:30 Monday to Saturday and from 07:00 until 22:30 on Sunday.

b)     Conditions as outlined in appendix 3 as detailed on page 89 to 91 of the agenda with the following amendmentsshall be applied to the licence.

·            Conditions 5, 6, 8, 14 and 24 shall be deleted.

·            The passageway shall be checked and cleaned four times a day.

·            Any outside tables and chairs shall be cleared by 20:00 hours.

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 Holloway and Finsbury Park 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 noted that objectors had sent in responses to a letter sent from the applicant which stated that they were mainly happy with the restrictions proposed for the premises licence.  A representation from a ward councillor asked that the alcohol should be served only with food and there should be a cleaning regime for the alleyway.  Conditions had been agreed with the police and the noise team. 

The Sub-Committee noted that this was to be a deli with seating for 6 persons inside the premises and space for a further two chairs outside the premises.  The Sub-Committee noted that the applicant had agreed with the police conditions which stated that alcohol would only be available to a person seated taking a table meal and off sales would only be supplied with a take away meal.

The applicant stated that they agreed with all the proposed conditions and stated they would check and clean the passageway four times a day.  They also considered that the landlord may be able to lock the passageway which would resolve the problem of litter.  This was not an application for late licence.  

The Sub-Committee concluded that with the additional conditions agreed there was unlikely to be an adverse impact on the licensing objectives nor would the grant of the licence add to the cumulative impact in the area.  The premises were small, had operating hours specified in licensing policy 8 and the Sub-Committee was satisfied that the deli was not alcohol led and was therefore exceptional within licensing policy 2.