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Agenda item

Popeseye Steak House, 36 Highgate Hill, London N19 5NL - Premises licence variation

Minutes:

The Licensing Officer drew attention to an email of 31 May 2016, from James Hutchinson, the owner of Popeseye, responding to the representations which had been received to the application for a variation to the premises licence and copies of which had been provided to members of the Sub-Committee.

 

The Sub-Committee had noted that no representations had been received from the Local Authority or the Police.

 

The applicant stated that his response to the representations received were contained in the email of 31 May 2016. No reports of public disorder at the premises had been made to the Police. He thought that many of the representations were unfair. The premises was in a quiet area and there would be no heavy drinking.

 

In response to a question as to why the applicant had applied to operate until 00:00 on Mondays, which was outside the recommended core hours, the applicant said that, firstly, it was to maintain parity with the existing approved operating hours for the premises from Tuesdays to Sundays.  Secondly, there was a large room at the back of the premises which he hoped to be able to hire out for private functions. He saw this as a selling point for the business. In response to a further question about how much the business was likely to be affected if the hours were not extended, the applicant queried the grounds upon which that might be possible, since the premises already operated until 00:00 from Tuesdays to Sundays.

 

In response to a question as to why no adverse affect in granting this variation to the premises licence would occur, given its location in the Archway cumulative impact zone, the applicant maintained that there was no current impact on the area and he failed  to see how extending the opening hours to include Mondays would cause an adverse impact.

 

The applicant stated that his was a sophisticated but informal establishment, selling steak and wine, and not part of a chain. The menu and wine prices would not attract the type of clientele who would cause trouble.

 

RESOLVED:

1.That the application for a premises licence variation in respect ofPopeseye Steak House, 36 Highgate Hill,  N19 5NL., be granted to allow:

i) the provision on sales of alcohol and recorded music on Mondays from 11:00 until 00:00

ii) the provision of late night refreshment on Mondays from 23:00 to 00:00

iii) opening hours on Mondays from 11:00 until 00:00

 

2.That the conditions outlined in appendix 4 and detailed on page 40 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 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 fell under the Junction area of Archway cumulative impact area.  Licensing policy 2 created a rebuttable presumption that applications for new premises licences that were likely to add to the existing cumulative impact wold normally be refused, unless an applicant could demonstrate why the operation of the premises involved would not add to the cumulative impact, or otherwise impact adversely on the promotion of the licensing objectives.

 

The Sub-Committee noted that no representations had been received from the Local Authority or the Police.

 

None of the local residents who had objected to the application were present at the meeting, although their written representations had been taken into account, together with the applicant’s response to those representations.

 

The applicant maintained that the operation of his premises at the current time had not adversely impacted on or added to the cumulative impact area and would not do so in the future, if the variation to the licence to open on Mondays was granted. He said that his was a sophisticated but informal establishment which did not attract clientele who would cause trouble. He had applied for a closure hour for the premises of 00:00 on a Monday  to maintain parity with the current closure hours from Tuesday to Sunday, which were also at 00:00. In addition, being able to open until 00:00 would be a selling point for the letting of a function room at the back of the premises for private functions, which would help his business overall.

 

Notwithstanding the fact that the premises currently operated outside the core hours ie until 00:00, the Sub-Committee concluded that, although the premises fell under the Archway cumulative impact area, the granting of the variation to the licence would not add to the cumulative impact of the area and the licensing objectives would be promoted

 

Supporting documents: