Agenda and minutes

Councillor Alice Clarke-Perry welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

None.

There were no declarations of substitute members.

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 3 August 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The licensing officer introduced the applicant. She stated that a letter from the applicant to the interested parties had been circulated outlining the proposals and the conditions proposed.  One resident responded in objection. No residents were in attendance.

The applicant stated that Badiani had come to London five years ago and operated eight venues across London. He recognised that he was in a cumulative impact area and stated that the premises predominantly sold gelato, the hours would be framework hours and there would be less than 50 patrons. They would sometimes offer a special gelato with a glass of prosecco. They have agreed to a number of conditions including that the primary activity of the premises would be for the sale of gelato.  They would promote the licensing objectives and would take into account the special measures that were in place.

In response to questions it was noted that the sale of alcohol was ancillary to food and this was a proposed condition. They would sometimes provide a special gelato e.g tomato or truffle and would serve these with a glass of prosecco or wine but this was ancillary to the core business. They may provide an Irish coffee but this did not appeal to children.  Their hours were from midday.  They had two tables and four chairs outside which were brought in at closing.

In summary, he wished to reassure members that he did not want to add to the cumulative impact and the offer was primarily gelato with coffees, wine and prosecco. Alcohol was not the core business.

RESOLVED

1)      That the application for a new premises licence, in respect of Badiani, 14 Camden Passage, N1 8ED be granted to allow:-

a)    The sale of alcohol, on and off the premises from 12:00 until 11pm Monday to Sunday.

b)    The premises to be open to the public from 8am to 11pm Monday to Sunday.

2)      That conditions detailed on pages 42 to 44 of the agenda be applied to the licence.

REASONS FOR DECISION

This meeting 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.

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Angel and Upper Street cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

The Sub-Committee took into consideration Licensing Policy 4.  The Council has adopted a special policy relating to cumulative impact in relation to shops and other premises selling alcohol for consumption off the premises.  Licensing policy  ...  view the full minutes text for item 128.

The licensing officer stated that conditions had been agreed with the responsible authorities and there had been nothing further to add to the report.

The applicant stated that this was an Italian grocery which sold fine foods from Italy. They would follow all proposed conditions, they had less than a 50 person capacity and would operate within framework hours, opening between 9 and 10am and closing by 8pm. Food was served at the table and they would like to serve fine wine, craft beer and drinks such as limoncello along with the food offering. They had a limited seating area and food would be available.  Staff would be trained in Challenge 25 and they had a good relationship with the local businesses and residents. They cared about the Angel area and were aware about the Licensing Policy.

In response to questions it was noted that private events would be pre-booked events and were mostly educational about the origins of cheese, wine and charcuterie. There would be no external public allowed.  They were never open before 7am, did not serve alcohol before 11am and always served food with alcohol.  The licence was required from 7am for off sales. There were between 12 and 25 people at the events and they could stop at 10pm if necessary.

In summary, this was a fine food grocery and the price point and quality of the product would not affect the cumulative impact.  Staff were aware of the licensing policy and were trained on the conditions. The restriction of hours to 8pm was good for the community and the applicant cared about the atmosphere of Camden Passage.

RESOLVED

1)     That the application for a new premises licence, in respect of Food All Lab, 19 Camden Passage, N1 8AE be granted to allow:-

a)   The supply of alcohol, on and off the premises, Monday to Sunday from 7am to 8pm.

b)   The premises to be open to the public, Monday to Sunday from 7am to 8pm.

2)     That conditions detailed on pages 74 to 77 of the agenda be applied to the licence.

REASONS FOR DECISION

This meeting 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.

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Angel and Upper Street cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

The Sub-Committee took into consideration Licensing Policy 4.  The Council has adopted a special policy relating to cumulative impact in relation to  ...  view the full minutes text for item 129.

The licensing officer reported that conditions had been agreed with the police previously and noise conditions were agreed yesterday.  These had been amended from those in the report and had been circulated to members.  An email from the applicant had been sent to the interested parties.  None of them were attending the meeting but their representations had not been withdrawn.

The applicant’s representative stated the opening hours were from 7am to 11pm and the hours for the sale of alcohol were proposed from 8am until 11pm. He outlined the amended noise conditions which included a move towards using electric vehicles for deliveries to ensure there was no disturbance of neighbours. It was expected that there would be no more than 12 deliveries a day.  There were no remaining representations from the responsible authorities and he stated that the Sub-Committee consider licensing guidance which stated that the police were the main source of advice with regarding crime and disorder. Photographs in the agenda pack were provided to give an idea of the offering.  There was a large fresh produce section. This was a part of Iceland which were at the forefront of best practice. There were a number of training conditions and it was considered that products were healthy and affordable for low income families. Alcohol was ancillary to the business.  There were a number of conditions proposed to help prevent sales to street drinkers including alcohol strength and rules regarding the sale of small bottles of spirits. Conditions would help prevent anti-social behaviour.  Hours requested were within framework policy hours. Hours for Aldi were restricted by Sunday trading hours as a large store. With regard to the cumulative impact policy, a refusal of a licence must also undermine one of the licensing objectives. This was a national operator, with a bespoke operating schedule, there was agreement with the responsible authorities and there was a commitment and investment in the area. There were conditions applied which designed out the ability to attract street drinkers.

Swift was a supermarket concept from Iceland Foods which offered a range of frozen and fresh food. They provided food for the whole community including those on lower incomes and those with not so much storage space. Hours catered to people going to and from work. They had sustainability policies in place, were looking to a move away from internal combustion vehicles only and looked towards creating less waste. There were conditions relating to the list of alcohol products being made available to the Police.

In summary, it was stated that the decision must be evidenced and proportionate. The police and trading standards had withdrawn representations.  It was hoped that these measures would address concerns and would promote the licensing objectives.

RESOLVED

1)     That the application for a new premises licence, in respect of Swift Stores, 800 Holloway Road, N19 3JH, be granted to allow:-

a)   The supply of alcohol, off supplies only, Monday to Sunday from 9am until 11pm.

b)   The premises to be open to  ...  view the full minutes text for item 130.

The Sub-Committee noted that this item had been withdrawn at the request of the applicant.