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Agenda and minutes

Venue: Committee Room 1, Town Hall, Upper Street, N1 2UD

Contact: Zoe Lewis  020 7527 3486

Items
No. Item

27.

Introductions and procedure

Minutes:

Councillor Wayne welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

28.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Spall.

29.

Declarations of substitute members

Minutes:

Councillor Ngongo substituted for Councillor Spall.

30.

Declarations of interest

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.

 

Minutes:

There were no declarations of interest.  

31.

Order of Business

Minutes:

The order of business would be B3, B1 and B2.

32.

Minutes of Previous Meeting pdf icon PDF 152 KB

Minutes:

RESOLVED

That the minutes of the meeting held on the 27 November 2018 be confirmed as a correct record and the Chair be authorised to sign them.

33.

Shell Service Station, 198-202 Old Street, EC1V 9FR - New premises licence pdf icon PDF 5 MB

Minutes:

The licensing officer advised that amended conditions and hours had been submitted by the applicant and agreed by the responsible authorities so their representations had been withdrawn. These were circulated to the sub-committee. The licensing officer also advised that the shop and not the fuel was the primary income stream for the premises. He also stated that the Bunhill and the Off Licence cumulative impact areas both applied.

 

The applicant’s legal representative stated that the original application was for a 24 hour licence but having considered the responsible authority representations and conditions, the applicant had amended the hours and conditions. She explained that Shell was a highly experienced company and the concerns raised by the resident would not occur.

 

In response to questions from members, the applicant’s legal representative advised that the application was in the name of Shell. The premises was operated by a franchisee. Shell operated a yellow and red card system in the event of any problems. A red card resulted in instant dismissal. Shell held the licences so it could protect its brand and sites.

 

Members raised concern that the applicant had not adequately demonstrated that there would be no negative cumulative impact on one or more of the licensing objectives. The applicant’s legal representative stated that following the amendment of hours sought to within framework hours and the acceptance of conditions requested by the responsible authorities, the responsible authorities had withdrawn their representations. This meant they were satisfied that the application would not add to the cumulative impact. In addition, she stated that the resident had not raised concern about cumulative impact.

 

The applicant’s legal representative stated that cumulative impact related to people congregating to drink and causing noise or crime and disorder after drinking. She stated that most people who bought alcohol from a petrol station usually left in a vehicle and took it home to consume.

 

In response to a question from the Chair as to the applicant’s response if the sub-committee restricted the sales of alcohol to those purchasing fuel or visiting the petrol station in a vehicle, the applicant’s legal representative expressed concern and stated she had never seen this condition on any licence.

 

In response to members’ concerns about pre-loading being a problem in the area due to the high prices of alcohol in nearby clubs, the applicant’s legal representative stated that Shell petrol stations were not the cheapest places to buy alcohol, Shell had CCTV, experienced and trained staff and a Challenge 25 policy in place.

RESOLVED:

That the application for a new premises licence in respect of Shell Service Station, 198-208 Old Street, EC1V 9FR be granted

1)    to allow the sale of alcohol, off sales, from 08:00 to 23:00 Mondays to Sundays,

2)    to allow the provision of late night refreshment, from 23:00 to 05:00      Mondays to Sundays; and

3)    to allow the premises to be open to the public, from 00:00 to 00:00   Mondays to Sundays.

Conditions detailed on pages 49 and 50 of the agenda  ...  view the full minutes text for item 33.

34.

The Real Hellenic Taste, 167-169 Farringdon Road, EC1 - New premises licence pdf icon PDF 1 MB

Minutes:

The Chair asked for confirmation that the applicant was applying for off sales only when the plan showed a restaurant.  The applicant stated that the plan was an old one and the restaurant no longer existed; it had been replaced by shelving, refrigerators and freezers.  The licensing officer stated that if the entrance, exits, fire arrangements and emergency lighting was correct, there were no serious licensing impacts however this would represent a licensing variation. Although the plan could be altered without a whole new consultation, residents should be given 7 days to view the plan before the application should be determined. The legal advisor stated that the plan was inconsistent with the business operation.

 

RESOLVED:

That this item be adjourned to a future meeting.

 

REASONS FOR DECISION:

The applicant was agreeable to an adjournment in light of the inaccurate plan that was submitted as part of the application. The applicant accepted that a new plan reflecting the layout of the premises as currently operated was required before the licensing sub-committee could consider the application.

 

35.

2 Northdown Street, London, N1 9BG - Premises licence variation pdf icon PDF 2 MB

Minutes:

A member raised concern as to whether the premises had planning permission as this was a requirement of Licensing Policy 1. The applicant advised that she did not know when planning permission had been given.

 

The applicant was given time to make enquiries while the next application was being determined.

 

When the consideration of this item resumed, the applicant had not been able to clarify the position regarding planning permission but referred to legal advice she had been given that licensing and planning should be considered separately, that the licensing sub-committee should only be considering the licensing objectives and that licensees could get either a licence or planning permission first. She advised of two high court cases which supported this and stated that council policy could not override high court authority.

 

The Chair advised the applicant that council policy was for planning permission to be obtained prior to the application for a licence and that adjourning the consideration of this item would enable the planning status to be established. If planning permission was in place, the application could be reconsidered at the next sub-committee meeting.

 

The chair sought advice from the sub-committee’s legal advisor on whether to proceed with the hearing or adjourn it. The legal advisor stated that as the licensing sub-committee was not looking to make a determination on the basis of the planning status and instead considered that it would be helpful to have the planning status clarified, the hearing could be adjourned if the sub-committee decided.

 

The applicant raised concern that she had previously asked for the hearing to take place on the date now being suggested for the new hearing and she had been told this was not possible. She also raised concern that the sub-committee’s concern about planning permission had not been raised in advance of the hearing.

 

The chair stated that members could raise matters of concern at licensing hearings and it could be prudent to adjourn the hearing.

 

RESOLVED:

That the consideration of this case be adjourned.

 

REASONS FOR DECISION:

The Sub-Committee decided to adjourn the application as it considered this to be necessary for its consideration of the planning implications and for the applicant to establish the planning status of the premises in accordance with Licensing Policy 1.