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Agenda and minutes

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Items
No. Item

126.

Introductions and procedure

Minutes:

Councillor Sheila Chapman welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

127.

Apologies for absence

Minutes:

None.

128.

Declarations of substitute members

Minutes:

There were no substitute members.

129.

Declarations of interest

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

 

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

 

*(a) Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

 

This applies to all members present at the meeting.

 

Minutes:

There were no declarations of interest.

130.

Order of Business

Minutes:

The order of business would be as the agenda.

131.

Minutes of Previous Meeting pdf icon PDF 86 KB

Minutes:

RESOLVED:

That the minutes of the meeting held on 16 March 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

 

132.

Urban Social Coffee, Ground Floor, 236 Upper Street, N1 1RU - New premises licence pdf icon PDF 5 MB

Minutes:

The licensing officer reported that hours had been amended in line with planning consent and therefore the application for late night refreshment had been withdrawn. Documents from interested parties had been circulated to members of the Sub-Committee.

 

A local resident stated that the premises was in the Upper Street and Angel cumulative impact area and there was a presumption to refuse unless the application was considered an exception. He considered that this was not an exception and was similar to many other premises. The premises had been trading as a sandwich shop and over the past three or four years was being changed to a restaurant with no planning consent and creating noise nuisance. The applicant only sought planning consent when challenged. There was music noise from the premises as the construction was not of a sufficient standard to prevent noise escape. The applicant was looking to provide alcohol without food and he considered that if the licence was granted alcohol should be served ancillary to substantial food or a table meal. The applicant had not demonstrated compliance and had caused noise nuisance in a cumulative impact zone which had flats directly above. A sign had been placed outside the entrance to the flats above and there were no staff available to check that customers did not block the entrance to the door. A video had been circulated indicating the noise of music through the floorboards to the flat above. He also had concerns about nuisance on match days. He considered that this premises was no exception to the cumulative impact policy but, should the licence be granted there should be no off sales and the area outside the front entrance door to the upstairs accommodation should not be included in the licensed area.

 

In response to questions, it was noted that the resident living above had been approached by the applicant and it had not been a friendly encounter. An additional resident stated that the applicant had not engaged with planning or licensing officers and had not built a co-operative relationship with residents.

 

The applicant’s representative stated that the applicant had taken over the business after construction of the rear terrace and the company incorporated in 2019. The planning application had been made retrospectively to rectify the situation. Two Directors had been trained in June 2020. There was no room for standing in the premises and it was a small premises with no more than 50 people. This was a continental café. The kitchen was too small to be a restaurant. Alcohol was sold ancillary to the sale of food and soft drinks. This was not a bar. They would look at the noise nuisance experienced by the residents above and ensure that music was played at an ambient level.  There was seating for 20 inside at the rear, 10 in the service area and 12 outside the frontage determined by the seating. Conditions had been agreed with the noise team. The forecourt area was contained within the lease  ...  view the full minutes text for item 132.

133.

Mercer & Co, 26a Chapel Market, N1 9EN - Premises licence variation pdf icon PDF 2 MB

Minutes:

The applicant stated that this premises would be a great addition to Chapel Market.  It was a small pizza restaurant which would serve pizza with beer or wine.  He had previous late night licence experience. CCTV had been installed and signs were up. They were paying rent for the whole day but were only open from 9 – 4pm so it seemed sensible to extend their hours. A manager of another place he had run would be in charge and he was a two minute walk away. Background music would be played. He wanted the licence to go past 10 pm for flexibility.

 

In response to questions, the applicant stated that he would be selling British craft beers, mainly brewed in London. Some would be available in supermarkets but he would have a higher price point. He was considering take away but was not sure he would do this at the moment.

 

RESOLVED

The Sub-Committee has decided to grant the application for a premises licence variation in respect of Mercers and Co, 26 Chapel Market, N1 9EN

1)        To allow the sale of alcohol, on and off supplies only, Monday to Thursdays from 12 noon to 11pm, Fridays from 12 noon until midnight, Saturdays from 11am until midnight and Sundays from 11am to 11pm.

2)        The provision of late night refreshment, Fridays and Saturdays from 11pm until midnight;

3)        The premises to be open to the public, Sunday to Thursdays from 7am until 11pm and Fridays and Saturdays from 7am until midnight.

Conditions detailed on pages 71 to 72 of the agenda shall be applied to the licence.

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

 

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 Policies 2 & 3.  The premises fall within the King’s Cross cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

 

The Sub-Committee took into consideration Licensing Policy 4.  The Council has adopted a special policy relating to cumulative impact in relation to shops and other premises selling alcohol for consumption off the premises.  Licensing policy 4 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused or subject to certain limitations, following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact  ...  view the full minutes text for item 133.