Agenda and minutes

Councillor Alex Diner welcome everyone to the meeting, asked members and officers to introduce themselves and outlined the procedures for the meeting.

Apologies were received from Councillor Khan and Councillor Spall.

Councillor Williamson substituted for Councillor Spall and Councillor Erdogan substituted for Councillor Khan.

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.

None.

The order of business was as the agenda.  Items B1 – B3 were taken together at the meeting although each decision was made separately.

RESOLVED

That the minutes of the meeting held on the 4 August 2015 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

Items B1-B3 were taken together as one item although decisions on each item were made separately.

The licensing officer reported that two documents had been circulated separately.  These were the applicant’s response to objections from residents and in return the response from residents to this document.  These would be interleaved with the agenda papers.  The noise officer had withdrawn their objections and the metropolitan police had also withdrawn their representation following conditions put forward by the applicant.

Local residents representing Almeida Street, Moon Street, Studd Street and Theberton Street resident associations spoke against the application.  It was reported that planning consent had been granted until only 23:00 hours each day and that exit from the mall area should be to Upper Street only. Residents were concerned about noise disturbance and loitering.  There would be 66 flats along the Central Avenue.  They considered that there should be no off sales or sales of take away food.  There should be no disturbance from live music after 10pm.  It was understood that the planning status of A1 and A3 development was flexible but it was considered that there should be some limit to the use of A3.  They stated that the access doors to Central Avenue should be closed at 10pm and patrons directed and encouraged to leave via Upper Street.  Signage was not enough.  There should be no new customers after 10pm.  If possible, there should be a ban on smoking in Central Avenue but if not, a set limit to the number of smokers and tables and chairs outside the premises should be fenced off.  The dedicated phone number for complaints should be advertised on their website.  It was reported that bottling out had been covered in the planning consent and was to be carried out internally. No taxis or private hire vehicles should pick up from Esther Anne Place.  Customers using the gym should be discouraged from smoking outside and taxis should be restricted from picking up outside the premises. 

Patrons should leave by Upper Street. It was reported that this was a saturation area with a high volume of anti-social behaviour following the consumption of alcohol. 

The applicant informed the Sub-Committee that this was an application for a provisional statement and the premises would not be occupied until 2017.  A tenant would need to apply for a premises licence and he considered that licensing policy 6, regarding planning consent did not apply to provisional statements. 

A ten minute adjournment was held for the Sub-Committee to take legal advice as to whether licensing policy 6 applied to provisional statements.

Upon return, the legal officer reported that she had advised the Sub-Committee members that licensing policy 29, in relation to provisional statements, stated that the Sub-Committee should, as far as reasonably practicable apply the same standards to provisional statements as to premises licences.   She stated that licensing policy 6 was therefore still relevant although she had also reminded members that planning and licensing were separate regimes.

The applicant asked the Sub-Committee  ...  view the full minutes text for item 62.

The licensing officer reported that two documents had been circulated separately.  These were the applicant’s response to objections from residents and in return the response from residents to this document.  These would be interleaved with the agenda papers.  The noise officer had withdrawn their objections and the metropolitan police had also withdrawn their representation following conditions put forward by the applicant.

Local residents representing Almeida Street, Moon Street, Studd Street and Theberton Street resident associations spoke against the application.  It was reported that planning consent had been granted until only 23:00 hours each day and that exit from the mall area should be to Upper Street only. Residents were concerned about noise disturbance and loitering.  There would be 66 flats along the Central Avenue.  They considered that there should be no off sales or sales of take away food.  There should be no disturbance from live music after 10pm.  It was understood that the planning status of A1 and A3 development was flexible but it was considered that there should be some limit to the use of A3.  They stated that the access doors to Central Avenue should be closed at 10pm and patrons directed and encouraged to leave via Upper Street.  Signage was not enough.  There should be no new customers after 10pm.  If possible, there should be a ban on smoking in Central Avenue but if not, a set limit to the number of smokers and tables and chairs outside the premises should be fenced off.  The dedicated phone number for complaints should be advertised on their website.  It was reported that bottling out had been covered in the planning consent and was to be carried out internally. No taxis or private hire vehicles should pick up from Esther Anne Place.  Customers using the gym should be discouraged from smoking outside and taxis should be restricted from picking up outside the premises. 

Patrons should leave by Upper Street. It was reported that this was a saturation area with a high volume of anti-social behaviour following the consumption of alcohol. 

The applicant informed the Sub-Committee that this was an application for a provisional statement and the premises would not be occupied until 2017.  A tenant would need to apply for a premises licence and he considered that licensing policy 6, regarding planning consent did not apply to provisional statements. 

A ten minute adjournment was held for the Sub-Committee to take legal advice as to whether licensing policy 6 applied to provisional statements.

Upon return, the legal officer reported that she had advised the Sub-Committee members that licensing policy 29, in relation to provisional statements, stated that the Sub-Committee should, as far as reasonably practicable apply the same standards to provisional statements as to premises licences.   She stated that licensing policy 6 was therefore still relevant although she had also reminded members that planning and licensing were separate regimes.

The applicant asked the Sub-Committee to consider the weight they would give to the planning consent hours. 

The applicant showed a  ...  view the full minutes text for item 63.

The licensing officer reported that two documents had been circulated separately.  These were the applicant’s response to objections from residents and in return the response from residents to this document.  These would be interleaved with the agenda papers.  The noise officer had withdrawn their objections and the metropolitan police had also withdrawn their representation following conditions put forward by the applicant.

Local residents representing Almeida Street, Moon Street, Studd Street and Theberton Street resident associations spoke against the application.  It was reported that planning consent had been granted until only 23:00 hours each day and that exit from the mall area should be to Upper Street only. Residents were concerned about noise disturbance and loitering.  There would be 66 flats along the Central Avenue.  They considered that there should be no off sales or sales of take away food.  There should be no disturbance from live music after 10pm.  It was understood that the planning status of A1 and A3 development was flexible but it was considered that there should be some limit to the use of A3.  They stated that the access doors to Central Avenue should be closed at 10pm and patrons directed and encouraged to leave via Upper Street.  Signage was not enough.  There should be no new customers after 10pm.  If possible, there should be a ban on smoking in Central Avenue but if not, a set limit to the number of smokers and tables and chairs outside the premises should be fenced off.  The dedicated phone number for complaints should be advertised on their website.  It was reported that bottling out had been covered in the planning consent and was to be carried out internally. No taxis or private hire vehicles should pick up from Esther Anne Place.  Customers using the gym should be discouraged from smoking outside and taxis should be restricted from picking up outside the premises. 

Patrons should leave by Upper Street. It was reported that this was a saturation area with a high volume of anti-social behaviour following the consumption of alcohol. 

The applicant informed the Sub-Committee that this was an application for a provisional statement and the premises would not be occupied until 2017.  A tenant would need to apply for a premises licence and he considered that licensing policy 6, regarding planning consent did not apply to provisional statements. 

A ten minute adjournment was held for the Sub-Committee to take legal advice as to whether licensing policy 6 applied to provisional statements.

Upon return, the legal officer reported that she had advised the Sub-Committee members that licensing policy 29, in relation to provisional statements, stated that the Sub-Committee should, as far as reasonably practicable apply the same standards to provisional statements as to premises licences.   She stated that licensing policy 6 was therefore still relevant although she had also reminded members that planning and licensing were separate regimes.

The applicant asked the Sub-Committee to consider the weight they would give to the planning consent hours. 

The applicant showed a  ...  view the full minutes text for item 64.

The licensing officer reported that the noise officer had withdrawn their representations following agreement with conditions.  A document proposing additional conditions and amended hours, had been circulated by the applicant which would be interleaved with the agenda papers.

The police objected to the application based on the cumulative impact policy.  The officer reported that there were 34 licensed premises within a 250m radius of the venue and 240 allegations of crime in the ward. He did not consider that the premises being situated next door to a police station would prevent crime and disorder or public safety.  He had concerns regarding the completion of the operating schedule and there was nothing in the application that had allayed his fears.

The applicant informed the Sub-Committee that hours were amended for the sale of alcohol for Sundays to Thursdays to 11pm and Fridays and Saturdays to 11:30 pm.  Late night refreshment would be to 11.30 pm on Fridays and Saturdays only.  There would be no off sales of alcohol.  The police were unable to attribute any crime to the venue.  There would be no vertical drinking.  Drinking in a restaurant was at a much slower pace than a bar or pub. It was not considered that the premises would add to the cumulative impact with the conditions.  The fumes from the chimney stack mentioned in the local resident representation were not from this premises.

In response to questions it was noted that there were 34 covers.  The applicant had run an off licence for ten years and had now been managing the restaurant for five months.  The premises would not add to the cumulative impact policy.  The applicant was happy to agree a condition regarding high strength beers to discourage street drinkers. There would be no off sales.

In summary, the police stated that they had concerns regarding the take away aspect of the application.  It was stated that patrons entering at 9 or 10 pm may already be drunk and could cause problems.  To refuse to sell alcohol to patrons who were already drunk would need strong management.  This venue would attract this type of patron. 

The applicant reported that a late night refreshment licence was only required for one hour on Fridays and Saturdays.  There was a review procedure if there were problems but the agent did not consider that the applicant would be reviewed. 

RESOLVED

a) That The Sub-Committee have decided to grant the application for a new premises licence in respect of Angel Best Mangel, 60 Penton Street, N1 9PZ

i)       To permit the premises to sell alcohol, on supplies only, Sunday to Thursday from 11:00am until 11pm and Fridays and Saturdays from 11am until 11:30pm.

ii)      To allow the provision of late night refreshment on Friday and Saturday from 23:00 until midnight.

iii)    Opening hours to be Monday to Saturday from 11:00 am until midnight and on Sundays from 11am until 11pm.

b) Conditions as outlined in appendix 3 as detailed on page 205 of  ...  view the full minutes text for item 65.