Agenda item

The licensing officer reported that the applicant’s solicitor had written a letter to the objectors and, as a result, one objection had been withdrawn.  The letter and response from an applicant were tabled and interleaved with the agenda papers.

The local resident reported that alcohol would be sold until midnight on Fridays and Saturdays and not Sundays as stated in the report.  She reported that this premises was in the cumulative impact zone.  It was general acceptable if alcohol was ancillary and the impact negligible. She had concerns regarding the off licence.  In the past eighteen months there had been six applications in the area.  Three had been refused or withdrawn.  Others had been granted an off licence for outside dining, with a take away or for bottles that had not been finished at the restaurant. She was pleased to see the restriction to wines and beers although concerned regarding the increasing number of craft beers with a high alcohol content.  She requested a condition to restrict the off licence.

The applicant recognised the concerns regarding the off licence.  The applicant proposed that no more than 20% of the trading area shall be used for the display of wine and beer for off sales.  This would require future licensees requiring a variation if they needed further off sales.  If there was a limit to Spanish wine, champagne could not be served.  If food had to be taken away with off sales of alcohol this may result in littering.

In response to questions it was noted that there would be a small area which would be open to customers for them to handle the wine.  It was considered that an allowed percentage would be preferable to an drawn area.  If the area was ever moved the licensee would be in breach.

In summary, the resident considered that any area would need to be small enough to deter future occupiers.

RESOLVED

1)       That the application for a new premises licence in respect of Lolo, 43 Upper Street, N1 OPN, be granted to permit:-

a)           The sale by retail of alcohol, on and off supplies, Sundays to Thursdays from 10:00 until 23:00 and Fridays and Saturdays from 10:00 until midnight and

b)           The premises to be open to the public, Sundays to Thursdays from 08:00 until 23:00 and Fridays and Saturdays from 08:00 until midnight.

2)       Conditions as outlined in Appendix 3 as detailed on pages 192/193 of the agenda, with the following addition, shall be applied to the licence.

·        No more than 15% of the entire floor area shall be used for the display of wine and beer for off sales.

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 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 the local resident requested that the off sales for this premises be restricted for this premises, in line with other licences in the area which had been granted in the last eighteen months. 

The applicant’s representative considered that a condition be placed on the licence restricting the display of wine and beer for off sales to 20% of the trading area.  He considered that this could address concerns of residents. The residents considered that the area for off sales would need to be small enough to deter future licensees.

The Sub-Committee considered that a condition restricting the display area to 15% of the total floor space would be necessary and proportionate.

The Sub-Committee concluded that, although the premises fall under the Angel cumulative impact area, the granting of the licence, subject to the additional condition, would not add to the cumulative impact of the area and the licensing objectives would be promoted.