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Agenda item

Bellanger, 9 Islington Green, N1 2XH - Variation of premises licence

Minutes:

The licensing officer reported that this application was to amend a condition of the licence to increase the number of customers in the seated bar area.  Since the original application the applicant had withdrawn the proposal to remove the condition that there would be no vertical drinking in the premises.  It was noted that Councillor Klute had withdrawn his representation following this amendment.

 

The licensing authority stated that they had concerns regarding the vertical drinking condition and accepted the application, now this request had been withdrawn.

 

The applicant stated that they had received a letter from one resident which stated they were no longer going to pursue their objection.  He stated that there would be no vertical drinking in the premises and it was their hope that people seated in the bar area would then eat in the restaurant.  Drinking without food would cease at 9pm.

 

RESOLVED

1)       That the application for a premises licence variation, in respect of Bellanger, 9 Islington Green, N1 2XH be granted to apply the following conditions to the existing licence:-

 

Amend Annex 2, condition 3 to read.

·        The supply of alcohol shall be ancillary to the provision of a table meal to all customers seated at tables and served by a waiter/waitress save up to 40 persons seated at the bar counter or seated at the fixed seating shown in the hatched area of the attached plan until 21:00;

 

Add the following additional conditions:-

·        There shall be a designated smoking area at the front of the premises.  The number of people allowed at any one time to remain in the designated area to smoke shall be limited to 5 persons.  The premises shall ensure that a member of staff regularly monitors the designated area to ensure that the maximum number of people is not exceeded.

·        Folding windows to the frontage to be closed at 23:00.

·        Notices to be displayed reminding patrons to respect the needs of local residents and to leave the premises and the area quietly.

·        Any amplified music be limited to ambient background levels

 

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 variations to 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.

 

It was noted that the application had been amended and the application to remove the vertical drinking condition had been withdrawn.  As a result of the amended application the police and noise team had withdrawn their representations as had the local councillor.  The licensing authority also withdrew their representation at the meeting when the applicant clarified that the condition regarding vertical drinking was not to be removed.

 

The Sub-Committee noted that the amended application did not seek to vary the hours that licensable activities were permitted but only sought to increase the number of people to whom alcohol could be served without food in the bar area.  The Sub-Committee noted that there were no concerns with the management of the premises from the licensing authority or the police.  The Sub-Committee noted the applicant’s assurance that the premises would not be converted to a public house.

 

The Sub-Committee concluded that the grant of the application, with the agreed conditions, would promote the licensing objectives. The Sub-Committee considered licensing policies 9 and 10 in relation to high standards of management.

 

Supporting documents: