Agenda and 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.

None.

There were no declarations of substitute members.

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.

Councillor Chapman declared that she was a ward councillor for Junction ward.

The order of business would be as the agenda. Items B1 and B5 had been withdrawn from the agenda. The remaining items were B2 – B4.

RESOLVED:

That the minutes of the meeting held on 5 November 2020 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The Sub-Committee noted that this item had been withdrawn from the agenda.

The applicant confirmed that the hours applied for the sale of alcohol were from 10am until 11pm Monday to Sunday and opening hours 8am until 11pm Monday to Sunday.

The licensing officer confirmed that written submissions from the applicant were included in the report and following these submissions representation 5 had been formally withdrawn.

The licensing authority stated that she had submitted a representation as she did not consider initially that there was enough information in the application.  Following the additional submissions she now considered that this was a good application.  She confirmed that this was a new application and not a provisional statement. She had concerns about noise and anti-social behaviour from deliveries made by motorised vehicles and the use of the frontage for consumption of alcohol or for people to gather. She was assured that capacity was for less than 50 persons and the venue was not alcohol led and asked the Sub-Committee to satisfy themselves regarding the other matters.

In response to questions, the licensing authority stated measures to prevent nuisance could include no drinking of alcohol outside the frontage, off sales by delivery only and deliveries could be made by push bike.

A local business owner summarised her key concerns. She stated that the passageway was very narrow outside the premises with a width of about 10ft. People already gathered outside and, with the café remaining open until 11pm, this would become more of a problem. Customers would wish to smoke outside and could drink outside with take away food. The public already used this area as a public toilet. There was no place for parking motorbikes used for deliveries and the noise generated would cause nuisance. She did not consider this was an appropriate use in a narrow passageway.

The applicant stated that this was primarily a coffee shop. Another shop in Kings Cross had been operated for the last five years. Deliveries were not a major part of the business and the delivery of alcohol was not intended. Alcohol would not be sold in open containers. The off sale application was made so people could buy a bottle of wine. This was of high value and unlikely to be consumed in the streets. He considered that their premises would create a positive impact and considered that if they were open into the evening they could help police the area as anti-social behaviour would be less likely if they were open. Numbers of smokers at the front were restricted and they did not intend to have chairs outside the front. The rear area would be closed at 7pm. Several members of staff would be available. Meeting rooms and the café were the main part of the business. The application was of a high standard and they understood the cumulative impact policy and would comply with all the rules. There was a maximum capacity of 49 persons and 77 conditions to address the cumulative impact area and concerns of residents.  He considered that the premises would  ...  view the full minutes text for item 122.

The licensing officer reported that conditions submitted with the original application had not uploaded to the gateway. These had now been circulated to all parties. Conditions had been agreed with the police and the noise team.

The licensing authority reported that in the light of the new information circulated, she could now formally withdraw the representation. There were only 12 seats in the premises and the business was not alcohol led.

The applicant apologised that there had been an issue with the conditions not uploading with the application. This was a small premises and alcohol would be limited to handpicked artisan alcohol and not cheap ciders or beers. This was a unique idea combining a café/deli with a bicycle repair shop in the basement. They did not do supermarket style alcohol and they would serve a selection of wines from around the world and cocktails with cheese and meat platters.

In summary, the applicant stated that he respected the cumulative impact area and the licensing authority had the option to review the licence if required. The applicant had managed many places without incident.

RESOLVED

1)   That the application for a new premises licence, in respect of Hungry Bikes, 212 Essex Road, N1 3AP be granted to allow the sale of alcohol, for consumption on and off the premises, on Monday to Saturday from 8am until 11pm and on Sunday from 10am until 6pm.

2)   Conditions detailed on pages 185 and 187 of the agenda shall be applied to the licence with the additional conditions as circulated separately.

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 Angel and Upper Street 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.

Objections had been received from one local resident and a ward councillor.   Representations from the police and the noise team had been withdrawn as conditions had been agreed. The Licensing Authority were in attendance at the meeting but formally withdrew their representation following receipt of further submissions from the applicant.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6. The Sub-Committee also noted that the premises fell within a possible exception to the cumulative impact policy as set out in paragraph 47 of the Licensing Policy.

The Sub-Committee heard evidence from the applicant  ...  view the full minutes text for item 123.

The licensing officer reported that the applicant had requested a deferral as their agent was not in attendance.

RESOLVED

That this item be deferred to a future meeting.

The Sub-Committee noted that this item had been withdrawn from the agenda.