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Introductions and procedure
Councillor Graham welcomed everyone to the meeting and officers and members
introduced themselves. The procedure for the conduct of the meeting was outlined.
Apologies for absence
Declarations of substitute members
Declarations of interest
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Order of Business
The order of business would be as the agenda.
The Chair advised of a typographical error at Minute 51 of the minutes of the meeting held on 2 July 2019. It was advised that the resolution on page 7 of the minutes should read ‘That the premises licence in respect of Afasika Bar and Restauant, 152 Seven Sisters Road N7 7PL, be revoked’. It was agreed that the minutes should be amended accordingly.
That the minutes of the meeting held on 2 July 2019 be confirmed as
an accurate record of proceedings and the Chair be authorised to
sign them; subject to the amendment set out above.
b) That the minutes of the meeting held on 13 August 2019 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.
The licensing officer advised that the planning implications detailed on page 12 of the report related to an earlier planning consent. A subsequent consent had been granted to permit the premises to open between the hours of 8.00am and midnight Monday to Saturday. It was advised that these hours were not compatible with the licensing application, which sought a licence for the provision of late night refreshment Monday to Sunday from 23:00 to 03:00.
The licensing officer advised that an out of hours visit had been conducted and the premises appeared to be serving customers after 23:00 without a licence. This resulted in a warning letter being issued.
The licensing officer advised that the
applicant had submitted a detailed letter responding to the
representations made in objection to the application. This had been
circulated to the Sub-Committee and interested parties. This letter
stated that the applicant wished to amend the application hours to
Monday to Thursday from 23:00 to midnight, Friday and Saturday from
23:00 to 02:00, and Sunday and Bank Holidays from 23:00 to
midnight. The licensing officer advised that one local resident had
responded to this letter, advising that they maintained their
objection to the application.
The licensing authority noted that the application sought the provision of late night refreshment until 03:00 however the premises’ planning permission only permitted the premises to be open until midnight. It was advised that the council’s Licensing Policy requires that applicants should have the relevant planning permissions before submitting a licensing application and this had not happened in this instance.
The Sub-Committee noted that representations from interested parties referenced loud noises from an extractor fan and asked if this had been investigated by officers. In response, the licensing officer advised that this would be a matter for the Noise Team.
The interested parties addressed the Sub-Committee and advised that they had a good relationship with the applicant. The interested parties commented that there were loud noises from an extractor fan in the vicinity of the premises, however the interested parties acknowledged that the noise may originate from a neighbouring property. The interested parties advised that there were issues related to drug taking and drunkenness in the area and residents were concerned that these issues could be exacerbated by the provision of late night refreshment. It was also advised that the pavement outside of the premises was narrow and was sometimes blocked by fast food delivery drivers congregating outside of the premises. The congregation of delivery drivers on mopeds was a source of noise nuisance.
In response to questions from the ... view the full minutes text for item 67.
The licensing officer noted that the applicant was not present at the meeting. It was stated that a letter inviting the applicant to the meeting had been hand delivered to the applicant on Friday 30 August. It was advised that officers had previously observed the premises trading without a licence for late night refreshment and representations from local residents had been received in relation to the application.
The licensing authority advised that the applicant had not engaged with the application process. It was noted that the premises only had planning permission to trade until 23.15, yet was seeking a premises licence for late night refreshment until 2:00.
An interested party commented that the premises had a strong smell of cooking oil and noisy extractor fans which impacted on the amenity of local residents. In response to a question, it was confirmed that these matters had not been raised with local authority environmental health officers or the premises owner. The interested party explained that they had been unable to raise these matters with the owner as they were not on site and the shop was staffed by employees.
That the application for a new premises licence in respect of SA
PFC, 181 Blackstock Road, N5 2LL be
granted to allow the provision of late night refreshment Monday to
Sunday from 23:00 to 23:15;
b) The conditions detailed in Appendix 3 on pages 77 and 78 of the agenda pack shall be applied to the licence, with the deletion of Police Condition 2(g), which relates to the sale of alcohol and is not relevant in this instance.
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 applicant did not attend the hearing and the Licensing Sub-Committee decided to proceed in their absence. It was noted that the applicant had not responded in writing to the representations made by local residents. The Sub-Committee noted the submission from the Licensing Authority that the applicant had not engaged with them.
The Licensing Sub-Committee noted that the premises were not in a Cumulative Impact Area. The Licensing Sub-Committee also noted the planning permission conditions attached to the premises.
The Licensing Sub-Committee noted the representations from local residents and that the conditions proposed by the Police and the Noise Service were agreed by the applicant.
The Sub-Committee had some concern about the management of the premises in light of the out of hours operation that had been observed by licensing officers. However, as the applicant had accepted the conditions proposed by the Responsible Authorities, the Licensing Sub-Committee decided it was reasonable and proportionate to grant the application. In considering the terminal hour, the Licensing Sub-Committee referred to Licensing Policies 1 and 6. In accordance with Licensing Policy 1, the terminal hour 23:15 was in line with planning permission currently in ... view the full minutes text for item 68.
The licensing officer advised that the Community Safety representative was not able to attend the meeting however had stated that they maintained the objections detailed in their representation.
The licensing authority advised of a typographical error in their representation on page 104 of the agenda pack, and clarified that the premises is currently authorised for the sale by retail of alcohol, off supplies only, on Mondays to Sunday from 11:00 until 22:00.
Public Health highlighted that there was a high level of alcohol related harm in the Junction ward and there was a significantly high level alcohol-related hospital admissions in the Junction ward. It was advised that the premises was close to the Whittington Hospital and, if the application was granted, it would increase the access to alcohol of vulnerable people leaving the hospital.
A member queried how many licensed premises there were in the local area. In response, the licensing authority advised that there was a high concentration of licensed premises and the premises was located in the Archway cumulative impact area. It was also highlighted that there was a high level of problematic street drinking in the area.
Following a question, the licensing authority advised that they considered that the application did not sufficiently address cumulative impact issues.
The applicant advised that a premises licence was granted in 2018 and therefore the applicant was well aware of cumulative impact issues in the local area. The applicant advised that they had engaged with the Police and additional conditions had been agreed to mitigate the impact on the cumulative impact area. The applicant advised that the purpose of the application was to provide morning customers with the choice and convenience of purchasing alcohol with their groceries. The application was part of an exercise to synchronise the licensable hours of all of their city centre stores and the premises was the only Aldi store in the country which was not allowed to sell alcohol until 11:00. The applicant contested that other competitor national supermarket chains operating in the local area were licensed to sell alcohol before 11:00. The applicant emphasised that the Police had not objected to the application and there were no crime or disorder issues associated with the premises.
The applicant had applied for Temporary Event Notices to test the proposed licensable hours; these were in place from 19 to 24 August and 26 to 30 August. During this period there were only three days when alcohol sales exceeded £100 before 11am, and these were around the Bank Holiday weekend. The average alcohol spend before 11am on all other days was between £28 and £66, which represented around 2.5% of sales. The applicant advised that they understood public health concerns, however they were a well-run national supermarket chain that sought to promote responsible alcohol consumption. It was advised that Aldi had an umblemished enforcement record and took their responsibilities around the sale of alcohol very seriously. It was commented that the existing licence was already heavily conditioned and the ... view the full minutes text for item 69.