Agenda and minutes

Councillor Gary Poole welcomed everyone to the meeting and officers and members introduced themselves. It was noted that the procedure for the conduct of the meeting was detailed in the agenda papers.

None.

None.

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.

There were no declarations of interest.

The order of business would be D1, D2, B2, B3. Item B1 had been withdrawn from the agenda.

RESOLVED:

That the minutes of the meeting held on 5 June 2017 be confirmed as a correct record and the Chair be authorised to sign them.

The Sub-Committee noted that this item had been withdrawn from the agenda and would be heard at a future meeting.

The licensing officer advised that the conditions proposed by the noise team had been agreed by the applicant on 2 August 2018. These were included in the proposed conditions on pages 151-153 of the agenda.

The residents confirmed that they had had a meeting with the applicant to discuss issues. They had not realised the business was being sold and their issues related to the previous owner and as the new owner was prepared to address the residents’ concerns, they were willing to withdraw their objections.

The applicant’s legal representative stated that the applicant did not yet own the premises but had a solicitor’s letter to say the sale would be completed in the next two to four weeks. This was submitted to the licensing officer. The applicant’s legal representative advised that the applicant had 20 years’ experience and the premises would be run as a café during the day and a Turkish restaurant at night. The applicant gave an undertaking to modernise the flue system that was causing the residents problems. This would be covered by one of the conditions proposed by the noise team and agreed by the applicant. Concerns about the removal of rubbish would also be addressed. The applicant confirmed he would also invite the residents to meet with them, would provide residents with a phone number and email address to contact in the event of any problems.

As the residents’ concerns related to the previous owner, the applicant proposed a condition that the previous owner would not be permitted to work in the premises in any capacity after ownership had transferred to the applicant.

The applicant stated that alcohol would only be served ancillary to a table meal and there would be no vertical drinking.

RESOLVED:

That the application for a new premises licence in respect of Hamlet Café, 435-437 Hornsey Road, London, N19 4DX be granted

1)         To allow the sale by retail of alcohol, on supplies only, Monday to Sundays from 10:00 until 22:00 and

2)         Opening hours to be:-  Mondays to Sundays from 06:00 until 22:30.

The conditions detailed on pages 128 and 129 of the agenda would be applied to the licence with the addition of a condition proposed by the applicant namely that when the Lease for Hamlet Cafe and Restaurant was signed and Mr Azmi Pala became the Leaseholder and operator of Hamlet Cafe and Restaurant, Mr Safar Dorgan would not be employed or permitted to work in the business or be involved in the business in any capacity.

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 interested parties who were residents had discussed the matter with the applicant and his representative before the meeting and conditions had been agreed with them. They had been under a misapprehension when making their representations that  ...  view the full minutes text for item 17.

The licensing officer advised that the applicant had stated that he had agreed to the conditions on page 152 and 153 of the agenda. There had been one written representation from a resident but the resident was not present.

The applicants confirmed that the business would be a plant based vegan restaurant. Alcohol would be a small part of sales and would be vegan alcohol and craft beers. Cocktails and mocktails would be offered.

The chair encouraged the applicants to engage with neighbours if the application was granted.

RESOLVED:

That the application for a new premises licence in respect of Unit 2, 88-89 Cowcross Street, London, EC1M 6BP be granted

1)         To allow the sale by retail of alcohol for consumption both on and off the premises from 11:00 until 23:00 Monday to Sunday.

2)         Opening hours to be:-  07:00 until 23:00 Monday to Sunday.

Conditions detailed on pages 151 to 153 of the agenda would be applied to the licence.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The evidence included the representation from the resident submitted in writing. 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 and Home Office Guidance 14.30-14.39.  The premises fall within the Clerkenwell 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 was satisfied that with the additional conditions and the operating schedule, there would be no negative cumulative impact on any of the licensing objectives and therefore the presumption of refusal was rebutted. It was proportionate and appropriate to grant the application for the premises licence.

RESOLVED

That the press and public be excluded during consideration of the following items as the presence of members of the public and press would result in the disclosure of exempt information within the terms of the Local Government Act 1972 for the reasons indicated.

Premises Licence Transfer and Designated Premises Supervisor Application – The Gunners, 204 Blackstock Road, London, N5 1EN

Category 1 – Information relating to an individual.

Category 7 – Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Personal Licence Relevant Convictions Section 132A of Licensing Act 2003

Category 1 – Information relating to any individual.

Category 2 – Information which is likely to reveal the identity of an individual

Category 7 – Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

The press and public were excluded during consideration of this item as the presence of members of the public and press would result in the disclosure of exempt information within the terms of the Local Government Act 1972.

RESOLVED:

1)    That the application to transfer the premises licence in relation to The Gunners, 204 Blackstock Road, London, N5 1EN be refused.

2)    That the application to vary the Designated Premises Supervisor be refused.

The press and public were excluded during consideration of this item as the presence of members of the public and press would result in the disclosure of exempt information within the terms of the Local Government Act 1972.

RESOLVED:

That the licensee’s personal licence be suspended for a period of 2 months.