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Agenda item

Other Cafe and Gallery, 48 Balls Pond Road, N1 4AP - New premises licence

Minutes:

The licensing officer reported that three letters of support had been submitted by the applicant and he wished to call the supporters as witnesses. The objector was asked if he objected to the admission of these letters.  The Sub-Committee noted that two other interested parties were not in attendance and therefore could not view the letters or object to them. The interested party present at the meeting did not object to the admission of the letters.  The Chair stated that they would admit the letters of support and would consider what weight should be given to them. 

 

In response to questions, the licensing authority informed the Sub-Committee that the premises were not in a cumulative impact area, the hours were within the licensing policy core hours and this was a small premises.  There were no objections from the responsible authorities as police and noise conditions had been agreed.

 

The interested party stated that he was particularly concerned about the licensing objective for the prevention of public nuisance.  He shared a party wall with the premises and when there had been a couple of temporary events at the premises, the music had been very loud through the living room and bedroom wall.  He was concerned that there was no reference in the application that alcohol should be served alongside food.  The bar area could be used for drinking only and DJs could play loud music.  He stated that Balls Pond Road was a very narrow street and he had concerns that people would make noise when leaving and when congregating outside.  He was concerned that this would exacerbate crime and disorder which already existed in the area.

 

In response to questions, the applicant stated that he had considered soundproofing measures.  He played music upstairs and the wall to the adjoining property would be soundproofed.  He would take measures if the premises were noisy. It was accepted by the neighbour that he had not been disturbed by noise escape for some time but that proposed condition 5 did not allay his concerns regarding noise escape and asked if there could be a further condition regarding insulation.  He was also concerned about customers drinking and congregating on the narrow pavement outside.

 

The applicant stated that he had owned the café for the past five years and had served food until 6pm.  He would like to extend these hours until 11pm and serve homemade wine from Sardinia. He had not received complaints from neighbours.  Alcohol would be served with food.  This was a restaurant and he would not expect to see drunk people congregating outside. The outside patio area would close at 9pm.  He would soundproof one wall.  He would not want to disturb his neighbour.  There was an off licence across the road.  Previous incidents had been at later hours than he was now applying for.  The applicant’s agent stated that insulation had been discussed.  The applicant had a couple of parties with temporary event notices.  People would not drink outside as it was not that sort of place.  Background music would be background only.  The conditions proposed would clear up any problems. 

 

In response to questions it was noted that the letters of support came from neighbours including one living above the premises.  The applicant considered the restaurant would benefit the community.  He stated that he would install the soundproofing as soon as he obtained the licence.  He would only have background music.  Noise issues had been due to birthday parties.  He had not had a quote for soundproofing but he knew people.  There was a storage room for the alcohol downstairs and they would buy a new fridge to chill the alcohol.  He would stock mainly wine and beer and not spirits.  He did not consider that his premises would be an off licence but would enable customers to take alcohol away after a meal.  He agreed to restrict off sales to customers who had purchased a table meal.  The premises would seat 20 customers upstairs and 20 customers downstairs.  He would not operate as a bar.  He would have probably three staff and was located not far from Dalston Junction.

 

In summary, the interested party reiterated his concerns regarding sound proofing, off sales and the future of the premises licence as he stated that the applicant had tried to sell the lease over the past year. Licensing officers reported that a major variation to the licence would be advertised in the usual manner and the resident could call the licence in for review if necessary. The applicant asked that the licence be granted.  He was not planning a bar and hoped to sell wine to customers and allow them to take a bottle home with them if they wished.

 

RESOLVED

1)       That the application for a new premises licence, in respect of Other Café and Gallery, 48 Balls Pond Road, N1 4AP, be granted to allow:-

 

a)     The sale by retail of alcohol, on and off supplies, from 10:00 until 23:00 hours Monday to Saturday and from 10:00 until 20:00 hours on Sunday.

b)     The premises to be open to the public from 10:00 until 23:00 hours Monday to Saturday and from 10:00 until 20:00 hours on Sunday.

 

2)       That conditions outlined in appendix 3 and detailed on page 86 of the agenda be applied to the licence with the following additions:-

·             Within three months of the grant of the licence, the licensee shall employ a suitably qualified professional to install sound insulation to ensure that music from the premises does not cause a nuisance to residents. The scheme shall be approved by the Council and implemented to the satisfaction of the Council.

·             Condition 3 to read. The supply of alcohol at the premises, for both on and off sales, shall only be to a person seated taking a table or bar meal there and, in the case of on sales, for consumption by such a person as ancillary to their meal.

 

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.

 

There were three local resident objections.  It was noted that the police and noise team representations were withdrawn following agreement of conditions by the applicant. The applicant produced letters of support from three neighbours and sought permission from the Sub-Committee for these to be admitted as evidence. The Sub-Committee noted that the one objector present did not object to the admission of the letters and decided that the letters would be admitted.

 

The Sub-Committee heard evidence from the objector that he was concerned with noise escape from the premises. He was concerned that music could be heard in his premises and that this was due to a lack of sound insulation in the premises.  He was also concerned with noise from people congregating outside the premises or leaving the premises.  The objector stated that the premises were on a very narrow street and that he was concerned that customers at tables outside could not be managed.  The Sub-Committee also heard evidence from the objector as to his concerns regarding the application for an off licence, as the reason it was being requested was not clear from the application.

 

The Sub-Committee noted that the applicant was prepared to accept a condition that sound proofing would be installed at the premises.  It was also noted that, following questions, the applicant agreed that he would accept a condition that off sales would only be made to customers buying a meal.  The Sub-Committee heard evidence from the applicant that he planned to sell imported homemade Italian wines and that he sought an off licence for customers to take wine home with them if they had enjoyed it with their meal. The applicant stated that the capacity of the premises was 20 people seated upstairs and 20 downstairs.  The applicant stated that he was not planning a late bar or club.

 

The Sub-Committee heard evidence from the licensing authority that the hours sought were within the hours specified in licensing policy 8 and that the premises were small.  The Sub-Committee noted that alcohol sales would be ancillary to food for both on and off sales.

 

The Sub-Committee noted the agreed condition in relation to the use of the patio. The Sub-Committee concluded that the conditions agreed with the noise team and with the additional condition regarding sound insulation would prevent noise escape from the premises.  The Sub-Committee concluded that due to the size and proposed use of the premises and the limited hours sought, with the addition of the conditions, particularly those in relation to sound insulation, the grant of the licence would promote the licensing objectives. 

 

The Sub-Committee considered licensing policy 8 regarding licensing hours and licensing policies 9 and 10 regarding standards of management.

 

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