Agenda and minutes

Councillor Poole welcomed everyone to the meeting, asked members and officers to introduce themselves and informed those present that the procedure was as detailed in the agenda.

None.

None.

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.

RESOLVED that

The minutes of the meeting held on the 9 December 2014 be confirmed as a correct record of proceedings and the Chair be authorised to sign them.

The Sub-Committee noted that this item had been withdrawn.

The licensing officer informed the Sub-Committee that conditions had been agreed with the police and the applicant.  Plans that had been submitted included toilets for the customers. The plan and the conditions agreed with the police were tabled and would be interleaved with the agenda papers.

The police reported that conditions had been agreed with the applicant and they had therefore withdrawn their representation.

The licensing authority spoke against the application as detailed in the representation.  She raised concerns that the premises would be used as a bar between the hours of 12 and 9pm and that the 8am start time for the sale of alcohol needed consideration in view of the late night economy in the area. She also considered that there were health and safety issues regarding the premises and that they would need to be approved by building control. There were concerns regarding the capacity of the premises.

Robert Sutherland, solicitor and the applicant Juno Ahearne spoke in support of the application.  The Sub-Committee were informed that the start time for the sale of alcohol had been revised to be Monday to Thursday, 10:00 am, Friday, 9am and Saturday and Sunday 8am.  Alcohol would be ancillary to food at this time. Between the hours of 12 noon and 9pm the premises would operate as a restaurant and would be food led. There was concern that a restriction to having a plated meal during this time would mean that a group of people would come to the premises and if one did not eat the licence would be breached.  It was asked to allow this flexibility during the quieter hours of 12 noon and 21:00 hours.  It would remain food led.  Although the applicant requested 9pm the Sub-Committee could give 8pm or the time they considered appropriate.  A building control condition was not a problem.  There were 54 covers on the plan but if the numbers were crucial to the Sub-Committee these could be limited to 50 persons. Door supervisors would be present Thursdays to Saturdays from 9pm until half an hour after close. 

In response to concerns regarding the start time of 8am on Saturday/Sunday morning in that sensitive location it was noted that the applicant had spent time in Detroit and wished to serve a high end version of their hot dog throughout the day.  The applicant stated he would like to serve drinks at this time but the time  would not be a deal breaker.  He would like to serve alcohol to customers at the end of a hard week. He had extra expense with the door supervisors and the CCTV.  He loved the premises and was hoping to create a legacy.  He was looking to sell to local trade and would not sell alcohol to people when drunk.  A start time was not contrary to policy and the numbers in the restaurant were small and seated.  If the Sub-Committee was not persuaded the solicitor asked them to impose the hour they would be comfortable  ...  view the full minutes text for item 55.

The licensing officer reported that there had been no objections from the responsible authorities.  Although this premises was in a cumulative impact area, it was a small premises with core hours and this could be included within the exceptions to the licensing policy.

The applicant advised that this was to be an upmarket fish and chip restaurant with alcohol sold ancillary to food.  All conditions were agreed.  The opening hours were now to be slightly reduced.to 10pm Sunday to Thursday and 10.30 pm on Fridays and Saturdays. 

RESOLVED that

a) the premises licence for CRFC Ltd, 59-61 Rosebery Avenue, EC1 be granted to allow:-

i) the sale of alcohol for consumption on the premises only from 11:30 to 22:00 Monday to Thursday, 12:00 to 22:00 on Sunday and 11:30 to 22:30 on Fridays and Saturdays.

ii) opening hours to be from 11:30 to 22:00 Monday to Thursday, 12:00 to 22:00 on Sunday and 11:30 to 22:30 on Fridays and Saturdays.

b) the conditions as detailed in Appendix 3, on page 144 of the report shall be applied to the licence.

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 Sub-Committee took into consideration Licensing Policy 2.  The premises fall under the Clerkenwell cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

The Sub-Committee noted that this was a small premises, with a capacity of 12 covers and was not alcohol led.  The premises were operating within in the hours set out for restaurants and cafes in licensing policy 8.

The Sub-Committee considered that the applicant rebutted the presumption and also noted that the application would be considered exceptional within licensing policy 2, paragraph 6.

The licensing officer reported that this was a small restaurant, not alcohol led.  A resident representation was tabled and would be interleaved with the agenda papers.  The applicant had offered to meet with the objector but they had turned down the opportunity.

The applicant reported that this was an upmarket restaurant that was not alcohol led  and she would like to be able to sell alcohol with a meal.  She had previous experience and had invested £90,000 in the business. 

In response to questions it was noted that the opening hours were standard for restaurants.

RESOLVED that

a) The premises licence be granted for Ethiopian Restaurant, 128 Holloway Road, N7 to allow:-

i) The sale of alcohol for consumption on the premises from 11 to 23:30 on Sunday to Thursday and from 11:00 until midnight on Friday and Saturday.

ii) Late night refreshment from 23:00 until 23:30 on Sunday to Thursday and from 23:00 until midnight on Friday and Saturday.

iii) the opening hours for the premises to be from 11:00 until midnight on Sunday to Thursday and from 11:00 until 00:30 on Friday and Saturday.

b) The conditions as detailed in Appendix 3, on page 178 of the agenda, shall be applied to the licence.

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 Sub-Committee took into consideration Licensing Policy 2.  The premises fall under the Holloway Road and Finsbury Park cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

The Sub-Committee noted that there were no representations from responsible authorities although one resident had expressed concern.

The Sub-Committee noted that this was a small upmarket restaurant, operating standard hours as set out in the licensing policy 8 for restaurants and cafes.  They were satisfied that the conditions set out in the operating schedule succeeded in rebutting the presumption that the grant of the premises licence would be likely to add to the cumulative impact in the area.