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Agenda and draft minutes

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Items
No. Item

182.

Introductions and procedure

Minutes:

Councillor Phil Graham welcomed everyone to the meeting and introduced officers and members.  The licensing officer introduced herself and the interested parties.  The procedure for the conduct of the meeting was outlined.

183.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Vivien Cutler.

184.

Declarations of substitute members

Minutes:

Councillor Spall substituted for Councillor Cutler.

185.

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.

186.

Order of Business

Minutes:

The order of business would be Item B3 followed by Item B1. It was noted that Item B2 had been adjourned at the request of the applicant.

187.

Minutes of Previous Meeting pdf icon PDF 106 KB

Additional documents:

Minutes:

RESOLVED:

That the minutes of the meetings held on the 21 July 2020 and the 6 August 2020 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

188.

Hermil Lounge, 230 Hornsey Road, N7 7LL - New premises licence pdf icon PDF 5 MB

Minutes:

The licensing officer advised that this item had been adjourned from July 2020. This was to ascertain the planning position regarding the premises, for the licensing officer to make a site visit, for details of the noise complaints and to ascertain dimensions and use of the areas in the premises. In addition, the residents wished to know if the applicant was involved in managing other premises in the road. The resident present at this meeting had not been present at the previous meeting. It was noted that the premises had a new name, Paradiso Deli. A revised plan of the premises was circulated during the meeting.

 

In response to questions, the Licensing officer confirmed that, at the last meeting, the applicant had stated that he had planning permission as the structure was already there and he had not carried out the work, however, the applicant was the leaseholder when the works had been done.

 

The planning officer advised that a retrospective planning application had been submitted for works to the premises which was being rejected and planning had asked the applicant to submit a full planning application.

Noise complaints had been logged and visits made. Details were at Appendix 6 of the report.

 

In response to questions, it was noted that, at the previous meeting the applicant had stated that the front had already been set back whilst the resident present had said that he had carried out the works.  The applicant stated that he managed two premises, numbers 163 and 230.  The applicant stated that the work to the frontage had already been carried out when he had taken over the lease and due to technical reasons the lease had to be backdated to July as the previous tenants had defaulted with the landlord. The applicant had been asked if he would take over responsibility of the lease from 1 July and he had agreed.  He stated that the works at the front were carried out by January 2019. The licensing officer stated that it was his understanding that the lease was taken over in July 2019 and the works were carried out over December 2019/January 2020. He confirmed that the applicant managed the business on the other side of the road. The applicant stated that there had been no incidents at his premises at 163 Hornsey Road.  He was asked about the procedure regarding the sale of alcohol to those who appeared to be underage.  He stated that he would ask their age and not serve alcohol to underage persons and would consult their parents if they were present. He was asked what other actions he would take and he had nothing further to add.  This would be a walk in venue for those over 25 years of age only and he served only those over 25 years of age as youngsters caused problems and he didn’t let them in.

 

In summary, the resident objector stated that she had evidence that the work to the frontage had been  ...  view the full minutes text for item 188.

189.

Biscuvi, 12-14 Theberton Street, N1 0QX - New premises licence pdf icon PDF 9 MB

Minutes:

The Sub-Committee noted that this application had been adjourned at the request of the applicant.

190.

Common Ground, 49 Stroud Green Road, N4 3EF - New premises licence pdf icon PDF 7 MB

Minutes:

The licensing officer advised that additional paperwork had been circulated to members of the Sub-Committee and both parties.

 

The planning officer advised that under the new planning class system, which had commenced on the 1 September 2020, both A1 retail and A3 café were in the same ‘E’ use class.  Planning consent would therefore not be required for a change of use from a retail shop to a café/restaurant.  A retrospective application would be sought for structures and decking in the garden.

 

Local residents objected to the application.  It was stated that they shared a boundary wall with the café and there had been no mention of the use of the garden space by the applicant in the planning application and she considered that the use of this space would be ancillary and would be a change of use.  The café was in a cumulative impact area. The applicant had not submitted an outside seating plan and 40 persons could be seated outside. The area was above 190 square meters and she considered this to fall outside permitted development. She considered that the applicant was not stating the true use for the area. The staff had not abided by the hours and caused hours of disturbance to residents creating a major impact and had meant that they were unable to use their own outside space using a local park instead.  This would not be possible in the colder months. Tables had been placed against the boundary wall and many customers were smoking causing a health risk to the family. Her main concerns included the lack of planning permission, toxic smells, compromised privacy, a considerable increase in numbers leading to cumulative impact. She asked that residents be put before business profit. She asked that conditions be placed on the license regarding the types and times of use. She had logged issues but had been advised not to do so now, although issues were still constant.

 

In response to the amount of use that the residents considered would be appropriate, it was stated that there would need to be mitigation measures installed by the applicant before this could even be considered. The planning officer advised that the planning use covered the whole unit including the garden and was irrespective of the floor area.

 

The applicant advised that the premises was a coffee shop and eatery serving good quality food and coffee.  They were not required to seek planning consent. They employed thirteen staff and had a professional and committed team. The café was doing well thanks largely to being able to use the rear garden. They were requesting an alcohol licence in response to requests from customers, this was not a pub/ bar and it was nice for the choice of an alcoholic drink with a meal and to help with  revenue for the café.  The café had been hard hit during Covid 19 and this would allow trade for a few evenings a week.  They were requesting later hours on three  ...  view the full minutes text for item 190.