Agenda and minutes

Councillor Phil Graham welcomed everyone to the meeting. Members of the Committee and officers introduced themselves.

There were no apologies for absence.

Councillor Nathan substituted for Councillor Staff substituted for Item B 2, Urban Social.

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 the 5 July 2022 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

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

The licensing officer stated that supporting information submitted on behalf of the interested parties had been submitted and was detailed at Appendix 3 of the report.  The application was to be heard on the 13 October but had been adjourned for the applicant to consider this document. The licensing team had carried out a compliance visit on No 236 Upper Street, as had been requested, and had found no issues or breaches. The visit had raised no concerns.

The Chair of the Sub-Committee asked that the interested parties summarise their key points but asked that comments be made about 242 Upper Street, as this was the application that was before members.  The interested parties’ representative stated that this premises was in a cumulative impact area and that the exceptions in the policy did not include good management. There was nothing to support that the premises would be well run.  This could be evidenced by the receipt of noise complaints, the lack of age verification and the sale of alcohol outside hours at 236 Upper Street. At a recent compliance check, there had been no alcohol for sale. Conditions had been proposed to address concerns eg restrictions to the sale of high strength alcohol and Challenge 25, but management had failed to comply with conditions in this premises. There was nothing in the application to suggest that this was an exception to the cumulative impact area. The operator had failed to comply to the high standards of management expected. He stated that there was a lack of compliance on the part of the applicant and he considered that the licence at 242 was therefore unlikely to be complied with.

In response to questions, it was noted that residents were considering a review of No 236. The representative stated that the applicant had been seen not to operate the age compliance scheme and had demonstrated a lack of compliance in the operation of the premises. The Sub-Committee noted that evidence of a lack of compliance had not been put forward from the responsible authorities.

The licensing officer stated that a compliance inspection had taken place at 9.45 am. There was no alcohol on display. The officer returned at 11.55 and ascertained from a member of staff that refresher training had recently been given. No 236 was not a late night premises and alcohol was rarely sold. The licensing officer considered that responses given by staff were deemed to be satisfactory and he had no further concerns.  Further checks would be made as necessary. 

In response to further questions, it was stated that the licence had been in place for 14 months and the residents considered that there had been problems since that time.  The residents said that an application had been made in May 2021 which was refused due to the operator failing to comply with planning restrictions and the noise issues. A resident stated that there had been a history of non-compliance, rubber stops had only recently been placed under chairs.  ...  view the full minutes text for item 17.

The licensing officer reported that the Licensing Authority and the Police had submitted representations but these had been withdrawn following conditions agreed with the applicant.

The resident stated that she was only concerned about proposed condition 13. She said that the smell of burning coffee was very different to the smell of roasting coffee.  There had been a bakery at the premises previously and this had been a pleasant smell. She stated that during operating hours they were unable to open the windows. The smell was difficult to record. The Environmental Health officer had stated that the smell was inconsistent and she was concerned about the long term effect on her health due to the particles emitted.  They had spoken to the owner and he had stated that the equipment was the best, however she felt that the equipment was not good enough.

In response to questions, the resident stated that she had no objection to the sale of alcohol but considered that condition 13 would not be satisfied. The Chair stated that the resident should try to achieve a resolution through the Environmental Health team. The applicant had accepted a condition that no odour would be emitted from the premises that would cause a nuisance to neighbours.

The applicant’s representative stated that this was a case where there was an alleged nuisance from the smell of coffee but this did not have any bearing on the licensing objectives or the sale of alcohol. Condition 13 had been proposed from the outset. The applicant had a state of the art extraction system. The Environmental Health team had visited and had not objected. He considered that this was an exception to the cumulative impact policy and asked that the licence be granted as sought.

In response to questions, it was agreed that deliveries to local businesses could be by non-motorised vehicle. It was stated that the extraction system was bespoke. The carbon filters were changed every six months and there would be weekly and daily cleaning. If readings increased, the applicant may need to add an additional carbon filter.

In summary, the resident hoped that matters could be resolved. The applicant agreed to the amended wording regarding local deliveries and stated that the applicant would use their best endeavours regarding other deliveries.

RESOLVED

1)      That the application for a new premises licence, in respect of The Roasting Shed, 322 Hornsey Road, N7 7HE, be granted to allow:-

a)    The sale of alcohol for consumption on the premises from 4pm to 10pm Monday to Sunday.

b)    The sale of alcohol off the premises from 10am until 10pm Monday to Sunday.

c)    The premises to be open to the public from 7am until 10pm Monday to Sunday.

2)      That conditions detailed on pages 196 - 199 of the agenda shall be applied to the licence subject to the following amended condition to replace Licensing Authority condition 1 detailed on page 199.

·       The premises licence holder will ensure that all local deliveries that include  ...  view the full minutes text for item 18.

The Sub-Committee noted that this item had now been agreed by all parties.