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Agenda and minutes

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Items
No. Item

224.

Introductions and procedure

Minutes:

Councillor Phil Graham welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

225.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Matt Nathan and Vivien Cutler.

226.

Declarations of substitute members

Minutes:

Councillor Paul Convery substituted for Councillor Matt Nathan and Councillor Marian Spall substituted for Councillor Vivien Cutler.

227.

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.

228.

Order of Business

Minutes:

The order of business was B1, B2, B4 and B3.  Items B5 and B6 were withdrawn from the agenda before the meeting.

229.

Minutes of Previous Meeting pdf icon PDF 85 KB

Minutes:

 

RESOLVED:

That the minutes of the meeting held on 9 February 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

230.

Station to Station, 2 City North Place, N4 3FU - New premises licence pdf icon PDF 11 MB

Minutes:

The licensing officer reported that a security plan and a supporting statement from the applicant had been circulated following agenda despatch.

 

The Licensing Authority stated that the premises was in a cumulative impact area and they did not consider that this had been addressed in the initial application. The additional papers had gone some way to addressing the cumulative impact except in relation to hours. No reason had been given for why the hours requested were beyond hours set out in the licensing policy.

 

The police stated that the concern was primarily towards the hours requested.  They had no opposition to the applicant who had run pubs in both Leeds and London. They were concerned with the nature of the venue in the Finsbury Park cumulative impact area. They considered that, with his experience, they were supportive of hours that were slightly beyond framework hours but not those applied for. They may re-consider after six months to a year of opening. He stated that the police conditions had not yet been responded to.

 

In response to questions, the police stated that the onus was on the applicant to put forward mitigation in a cumulative impact area.  The police considered this to be a good and rounded application but the hours went beyond what they would be comfortable with. They stated that the ‘Arsenal’ conditions were standard and considered that no sales of alcohol for an hour after matches helped mitigate the issues of quick drinking after a football match.

 

The noise officer reported that they had received an acoustic report at 5.30pm but had not had a chance to consider it in detail. They did have significant concerns and would want to have a comprehensive set of conditions.

 

The resident spoke in objection to the application.  It was stated that the venue was located below a resident block with more than 200 flats above. The noise report had only just been received. No resident had been contacted by the applicant. Live music until 2 or 3 am in the morning was a concern. The flats were occupied by families with children and the hours were anti-social for these occupiers. She raised concerns about how the police would be able to protect the area.

 

In response to questions, the resident stated that she was on the 5th floor, she could clearly hear neighbours play music through the floor and the walls were very thin.

 

The applicant’s representative stated that the key concern was in relation to hours. The applicant and the operators had 30 years’ experience and were they type of operator that you would want to be in this area. Planning permission was given to a major mixed use development of residential and restaurants and cafes. This was a modern development with reams of conditions, many relating to the level of noise escape. It was also intended to install a concrete slab over the premises. The conditions were a key protection for residents.

She stated that members could step  ...  view the full minutes text for item 230.

231.

Gorillas, 8 Godson Street, N1 9GZ - New premises licence pdf icon PDF 7 MB

Minutes:

The licensing officer reported that the noise officer had withdrawn their objection but due to concerns that had arisen more recently it was deemed appropriate that the noise officer attend the meeting.

 

The noise officer reported that the application business allowed the use of making deliveries by scooter riders and trolleys using a pedestrianised area. The noise team had proposed a number of conditions but were concerned about the noise from the trolleys. It was noted that times for deliveries had been proposed from 7am until 11pm.

 

Local residents spoke in objection to the application. One resident stated that there had been 22 objections from a small residential area. There was a pathway of riven York stone at the side of Chapel Market and a resident who lived at the rear stated that they could hear noise from the use of the trolleys. The premises was in the Kings Cross cumulative impact area and there was a presumption for refusal.  The alleyway was only 15 by 5.5 metres and was surrounded by residential accommodation. The applicant had been using small hard wheels on the trolleys but they needed to use soft wheels. The hard wheels would damage the York stone. The resident had no objection to the business being near but considered that they had found the wrong street and needed a more appropriate space. Another resident stated that the alleyway was surrounded by three and four storey buildings and this acted as an echo chamber. Conversations could be heard at various floors. This was an inappropriate place for this type of business. Bedrooms faced the delivery room. Staff had smoking breaks and played music and there would be all day coming and going with deliveries from 7am to 11pm 7 days a week. The cleaner started at 6am, lights were turned on and staff left at midnight. A further resident stated that this was an office being used as a distribution centre in a residential street and an extraordinary choice for the business. The impact on residents was quite significant.

 

The applicant’s representative stated that this was a delivery company. Goods were ordered and delivered within 10 minutes. The company had applied for about 20 licences. He offered an amendment to the hours of delivery to the premises to be 9am to 4pm. They wanted to be a good neighbour and community asset. The business would keep operating whether or not a licence was granted but a licence would provide safeguards. Noisy vehicles were not used as deliveries were made by e-bikes and bicycles. Staff would stay inside until the order was fulfilled. Deliveries were made by backpack and there would be one delivery made at a time.  The applicant advised that he would be agreeable that the cleaner would not commence work before 8am. The company was also willing to invest in rubber based wheel trolleys with no metal cage. They had been operating under temporary event notices. The company employed delivery drivers directly rather than using uber  ...  view the full minutes text for item 231.

232.

Pong, Basement and Ground Floors, Lambros House, 156 Pentonville Road, N1 9JB - Premises licence review pdf icon PDF 8 MB

Minutes:

The Sub-Committee noted that the licence holder was not present and the Sub-Committee agreed to continue the hearing in his absence in the public interest.

 

The licensing officer reported that a review application had been submitted. No correspondence or response had been received from the licensee or to the notice of hearing.

 

The Licensing Authority stated that the authority had been contacted by the landlord.  They stated that they had evicted the operator and terminated the lease. Locks had been changed. No licence transfer had been applied for and the business may be changed to a deli/café. The Licensing Authority had no confidence in the licence holder and he had breached Covid restrictions and licensing conditions. The licence was taken over by the new business owner on the 24 August 2020 and on the 27th August, complaints were received. When Covid restrictions came into force, the premises was still used for unlawful activity. The licensing authority had been left with no choice but to review the licence and recommended revocation of the licence.

 

The police reported that a number of complaints had been made since September.  There had been noise complaints each week even during Covid lockdowns. These were detailed in his representation. The premises had operated after the 10pm curfew. Photos on social media at the end of October indicated that the premises was being operated as a nightclub. Despite warnings and penalty fines, more complaints were received on New Year’s Eve. Patrons were seen entering through the side door in party dress. When police gained entry customers were found sitting in darkness.

 

In response to questions the police stated that in excess of 100 hours of officer time had been spent on the venue with approximately 20 incidents over the four months.

 

The public health officer reported that the licensee had ignored guidance provided by the licensing officers and the police which had put staff, customers and residents in the vicinity at avoidable risk. Persistent breaches when frontline services were facing unprecedented demand.

 

The noise officer reported that there had been multiple complaints in relation to loud music and anti-social behaviour. The licensee had not engaged on issues around calibrating the noise limiter.

 

Members of the Sub-Committee raised concerns about the seriousness of the breaches involved and stated that this had been one of the worst cases they had seen. They thanked all staff for the work they had carried out on the review application.

 

RESOLVED

That the premises licence, in respect of  Pong, Lambros House, 156 Pentonville Road, N1 be revoked.

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

 

The business owner was served Notice of the Review application and the date of hearing however he did not attend the Sub-Committee hearing.

 

The Sub-Committee proceeded with the application in his absence.

 

The Sub-Committee considered all the written submissions and the oral representations from the Licensing Authority, the Police, the Noise team and Public  ...  view the full minutes text for item 232.

233.

Holloway Local, 546 Holloway Road, N7 6JP - New premises licence pdf icon PDF 3 MB

Minutes:

The licensing officer reported that there had been no representations from the responsible authorities. 

 

The applicant’s representative stated that the shop had opened six weeks ago. It was an empty shop that had been brought back into use. The applicant had another shop in Hornsey Road and had been a manager at an Italian restaurant which was all good experience in this cumulative impact area. Photos had been circulated of the premises. Alcohol would be a maximum of 15% of sales and was situated behind the counter to deter proxy sales. The start time had been moved to 10am to deter street drinkers and alcohol would have a maximum of 6.5 abv as agreed with the police. The hours were within framework hours.  The applicant’s representative highlighted other conditions that had been proposed by the police and that had been accepted by the applicant and stated that with these conditions and the high standards of management, the licensing objectives would be promoted and not undermined. The objectors were not present at the meeting and many residents of the area were likely to become customers. Anti-social behaviour had been a concern of objectors but it was noted that this application was supported by the police and licensing authority. The hours and conditions would deter street drinkers and he asked that the licence be granted.

 

In response to questions about anti-social behaviour in the area he stated that small bottles of alcohol would not be sold, hours had been brought back to a 10am start, there would be two staff on the premises at all times. The applicant would accept a condition to reduce the maximum abv of alcohol to 6%. The licensee had been trained and would be on the premises most of the time. His staff had worked elsewhere previously and he could continue to train staff. The applicant was a competent operator.

 

RESOLVED

1)     That the application for a new premises licence, in respect of Holloway Local, 546 Holloway Road, N7 6JP be granted to allow the sale of alcohol, off supplies only, from 10am until 11pm Monday to Sunday. 

 

2)     Conditions detailed on pages 236 to 238 of the agenda shall be applied to the licence with amended condition 13.

 

·         Condition 13 to read.  No beers, lagers of above 6% ABV shall be sold at the premises save for premium beers and ciders supplied in glass bottles.

 

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

 

The Sub-Committee considered the written representations of the applicant and two residents. No representations were made by the Responsible Authorities. Conditions were agreed by the applicant with the Police.

 

The Sub-Committee noted that the premises fall within the Holloway and Finsbury Park Cumulative Impact area and Licensing Policy 3 and 6 applied.

 

The premises are a grocery shop/supermarket and the Sub-Committee heard at the Sub-Committee that only 15% of the business offer would be alcohol and the business would accordingly  ...  view the full minutes text for item 233.

234.

H R Organic and Vegan Shop, 786 Holloway Road, N19 3JH - New premises licence pdf icon PDF 4 MB

Minutes:

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

235.

Kazan Off-Licence, 102-106 Essex Road, N1 8LU - New premises licence pdf icon PDF 3 MB

Minutes:

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