Agenda and minutes

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

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

Councillor Nick Wayne substituted for Councillor Vivien Cutler and Councillor Marian Spall substituted for Councillor Matt Nathan.

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.

There were no declarations of interest.  

The order of business would be as the agenda.

RESOLVED:

That the minutes of the meeting held on 19 and 24 November 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The licensing officer reported that further comments had been received from the interested parties had been circulated. Representations 5, 11 and 12 had been withdrawn.

The interested parties raised objections. It was stated that the provision of off sales would cause a public nuisance.  There were plenty of outlets in the area and there was no reason to introduce another one. Further information was requested about the amount of food served with alcohol and there was concern about the take away provision from 9 am to 9pm.  Further concerns were raised about the noise and nuisance from delivery bikes and drivers up until 9.30pm at night.  It was stated that this was a heavily residential area and it was not an appropriate use seven days a week.  A further resident stated that there would be noise and disturbance on the pavement area directly outside the premises from patrons and echoed the concerns about delivery drivers.  There was also concern raised about how patrons outside would be policed.  They asked how many tables would be allowed outside.  A resident stated that planning permission had been refused on appeal and raised concerns that this was a quiet resident area. People who had purchased alcohol inside would sit on the planters to drink the alcohol. It was a low traffic neighbourhood and delivery drivers would become a problem. There was a problem with rubbish being left around the area.

In response to questions, it was noted that there was no room for bins so rubbish was left around. There was a concern for the future use as no delivery bikes were currently being used, the premises did not operate in the evening and food would change if alcohol was to be served.

The applicant’s representative stated that this was a comprehensive application with conditions agreed with the police and the noise team as detailed in Appendix 4.  This was a deli/café which wished to supply alcohol with food. There would not be sales of alcohol every day, but just at events.  There had been a two hour decrease in hours requested and the premises would be closed at 7.30pm with the sale of alcohol terminal hour of 7pm.  The Chair of the Highbury Fields Association had withdrawn their rep.  Planning permission was not required. It was desirable to have a licence as there would be a control with conditions. Representations reflected the fear of the unknown but the Licensing Act stated that it must be the impact on the licensing objectives.  The behaviour of other people was not relevant to this application.  Alcohol would be served to customers seated inside the building.  The pavement area did not fall within the application.  It was stated that the premises would enhance the area.  The application was consistent with the licensing policy and met all the risks for the licensing objectives.  The applicant stated that the application was being made as customers were asking for wine with food.  She understood the concerns but considered that her  ...  view the full minutes text for item 220.

The licensing officer reported that a response from the applicant to the objector had been received and circulated. Conditions had been agreed with the noise officer.

The objector was not present at the meeting.

The applicant stated that the local business had outlined two main objections, unfair competition and an increase in crime and disorder. Conditions had been agreed. Where a licence was not granted due to unfair competition it would mean other business would have a monopoly as there would be no opportunity for new businesses. It was noted that the other business was completely different. In response to crime and disorder concerns, conditions had been agreed with the police. The applicant stated that he had grown up in Islington and this had been a family business for nearly ten years. The shop was like their home and he would not want anything to change that. 

In summary, the applicant’s representative stated that all information had been set out in the document provided.

RESOLVED

1)     That the application for a new premises licence, in respect of Highness Café and Tea Room, 21a Highbury Park N5 1QJ, be granted to allow:-

a)        To allow the sale of alcohol, on supplies only, from 8am until 10pm Monday to Sunday.

b)        Opening hours to be from 8am until 10.30pm.

2)     Conditions detailed on pages 106 and 107 of the agenda shall be applied to the licence.

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.

One local business objection had been received and the interested party did not attend.  There had been no representations made by the responsible authorities after conditions had been agreed with the police and the noise team.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

The Sub-Committee noted that the objector had raised two points, one concerning crime and disorder and the other relating to unfair competition. There was no evidence before the Sub-Committee that there would be any impact on the licensing objective for the prevention of crime and disorder. The objection relating to unfair competition did not appear to have any relevance to the promotion of the licensing objectives.

The Sub-Committee was satisfied that granting the premises licence with the agreed conditions was proportionate and appropriate to the promotion of the licensing objectives and in the public interest.

The Sub-Committee noted that this application had been withdrawn by the applicant.

The applicant asked for an adjournment as there was still some discussion to be held with the police regarding a proposed condition. The Licensing Authority and the Police had no objection to the request for the adjournment.  The applicant stated that it would be acceptable if the item could be heard within the next few weeks.

RESOLVED

That the item be adjourned to an additional Licensing Sub-Committee B on the 2 March 2021.