Agenda and minutes

Councillor Poole welcomed everyone to the meeting and informed those present that the procedure was as detailed in the agenda papers.

Councillor Doolan submitted apologies for absence.

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.

It was noted that Item B3 – Khamara Lounge, 296 Holloway Road, N7 6NJ had been deferred.  Items B1 and B2 would be considered in the order of the agenda.

RESOLVED

That the minutes of the meeting held on the 18 November 2015 be confirmed as a correct record of proceedings and the Chair be authorised to sign them.

The licensing officer reported that the premises were in a cumulative impact area and this was a variation to include the back garden.  The Planning Department were not clear regarding the use of the rear garden and the onus was on the applicant to ascertain whether a planning application was required.

The licensing authority reported that they had submitted a representation on the grounds of public nuisance.  They had considered licensing policies 1, 2, 9, 10, 11, 12, 18 and 20.  The garden would more than double the size of the premises and there had been no reference in the application as to why the premises would not add to the cumulative area.  Applications in these areas should be refused unless the Sub-Committee was satisfied that the premises would not add to the cumulative impact.  The operating schedule did not supply detail on how the outside area would be controlled and there was no reference to capacity or dispersal issues.  There were historic anti-social behaviour issues around that area and the application would add to an already large area but had not put forward controls.  The applicant had not sufficiently dealt with issues in the schedule and had made no response to the representations that had been made.

A local resident who lived next door and whose garden ran parallel to the restaurant stated that he had two children that needed their sleep and if this licence was granted the children would no longer be living in a healthy family friendly environment.  In 2011 the restaurant had opened their garden without consent.  They had put boards up and advertised on their website.  Customers were not seated at tables or drinking alcohol with their meals.  There were persons under the age of 16 present.  The premises were in a cumulative impact area and there was a rebuttable presumption.  He considered that noise levels would increase, signage would not be sufficient and there would be anti-social behaviour which would be harmful to his family.  A private walkway leading to the property would become insecure and would no longer be safe for children to play in.  Local residents usually rented properties and so moved on where there was a nuisance property and did not object to applications.  He asked that the application be refused but if it was not, that the hours be reduced to 11-5pm on Mondays to Thursdays, that food waste be disposed of properly and that the alleyway not be opened to the public. There should be a smoking area in the garden, there be no glass bottles and that customers be seated.  There should be no parties or BBQs.

The licensee reported that there would be 35 customers in the garden.  Their clientele was quiet and they had been in the area for five years, complaint free.  There had been no incidents and there would be no off sales.  All customers would be served at tables and would be monitored by staff.  He was seeking to appease the local  ...  view the full minutes text for item 101.

The licensing officer reported that the application had been deferred from July to allow the applicant to apply for planning permission.  A3 had been granted except for a proposal regarding the extraction fan which would be determined in March 2016.  It was noted that the noise conditions had been accepted.  The acoustic condition which had been tabled and would be interleaved with the agenda papers had also been agreed.

The Sub-Committee moved into private session under paragraph 7, of Part 1 of Schedule 12A of the Local Government Act 1972 to consider an incident which had taken place at the premises on the 12 December 2015.

The Sub-Committee noted the evidence given by the police officer in private session and the response given by the applicant

On return the applicant’s representative stated that this was an application for a new licence.  One of the joint Directors had seven years’ experience running a coffee shop within Chapel Market and would be applying for a personal licence.  There had been a temporary event notice from the 14 January to the 20 January and there had been no incidents.  All staff would be trained.  Additional conditions were tabled at the meeting which would be interleaved with the agenda papers. Restaurant conditions were offered.  There would be no bar and no take out was agreed. There were generally no single people at the restaurant as it catered mainly for couples, music was background only and there had been no noise complaints.  There had been one complaint about odour on the 5 November.  The use of the first floor terrace was prohibited.  The restaurant would be trading within framework hours.  There would be 16 CCTV cameras on the premises.  There had been a one off incident in December.  The designated premises supervisor would be replaced and it was stated that the premises would not increase the cumulative impact. 

In response to questions it was noted that there would be 70 covers in the restaurant.  One of the Directors who would be taking over as licensee should the licence be granted was asked a number of questions regarding how he would mitigate the cumulative impact.  He stated he would train his staff in entry and how they should serve at tables.  He would not serve too much alcohol.  He would also check tables. He would operate Challenge 21, put up signage and not allow glass or bottles outside so neighbours would not be disturbed. It was noted that the premises would operate as a restaurant and not a take away.

In summary, the police stated that it would be better to have a new application rather than a transfer of the licence.  He stated that he had seen the CCTV relating to an incident in December 2015 and his version differed from the applicant’s version.  He considered that the licence should not be granted.

The applicant’s representative stated that he would transfer the licence if granted.  Conditions would mean that this grant would not add to  ...  view the full minutes text for item 102.

The Sub-Committee noted that this item had been deferred to a future meeting.