You are here: Agenda and minutes

Agenda and minutes

Venue: The link to the Zoom meeting is below. If you prefer to join the meeting by phone please dial 0208 080 6591 and enter meeting ID : 912 1955 0920 when prompted.

Contact: Jackie Tunstall  020 7527 3068

Link: Join the meeting via this link

Items
No. Item

110.

Introductions and procedure

Minutes:

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

111.

Apologies for absence

Minutes:

There were no apologies for absence.

112.

Declarations of substitute members

Minutes:

Councillor Phil Graham substituted for the vacant position.

113.

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.

114.

Order of Business

Minutes:

The order of business would be as the agenda. The Sub-Committee noted that Item B3 had been adjourned by the applicant.

115.

Minutes of Previous Meeting pdf icon PDF 94 KB

Minutes:

RESOLVED:

That the minutes of the meeting held on 23 February 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

116.

The Mall, 359 Upper Street, N1 0PD - New premises licence pdf icon PDF 16 MB

Minutes:

The licensing officer reported that an additional bundle, a short video showing the shop and a longer video showing the amazon fresh system had been circulated to members. Additional conditions had also been circulated.

 

The Licensing Authority stated that their representation was detailed on pages 29 and 30 of the agenda.  They had not been aware that this was an Amazon store at the time of application. The additional proposed conditions that stated that a member of staff would supervise alcohol sales and that alcohol would be 10% of the retail area were welcomed. The Sub-Committee were asked to consider the process of allowing customers in the store and the supervision of Challenge 25 and drunk customers. The officer had attended another store and considered that the alcohol area had been well supervised and identification was checked.  She raised concerns regarding only one person on the exit but stated that, on the whole, she was happy with the application.

 

In response to a question regarding the proximity of the premises to a school it was noted that there was a primary school approximately 80 metres from the premises. The licensing authority stated that this had not been considered this when making her representation. In response to further questions, the Sub-Committee noted that the applicant was no longer an off shore company. The licensing officer stated that he was confident that police conditions were agreed before who they knew who the operator would have been. There was a concern that the police had not been given time to see the complete proposal in front of the Sub-Committee.

 

At 7pm the Chair requested a short adjournment for the Sub-Committee to receive legal advice. The Sub-Committee returned at 7.05pm and the legal adviser stated that, under Regulation 12 (1a) of the Licensing Act 2003 (Hearings) Regulations 2005 the authority could adjourn an application to a future date if the Sub-Committee considered it was necessary and in the public interest.  The Chair asked the applicant to consider a possible adjournment and make submissions.

 

The applicant’s representative submitted that there was no need to adjourn the meeting. He stated that the application submitted in December 2020 made the nature of the store clear, giving a description on page 15 of the agenda and a plan on page 23 which detailed shelving and the proposed area for alcohol display. This had remained unchanged and further restrictions had since been offered. The police were fully aware that this was to be a grocery store and there had been no attempt to mislead. There was no involvement in an off shore company and the applicant was UK registered. The application was submitted prior to launch and the police were informed of the applicant on the 9 March. Amazon had offered further additions and restrictions and further delay would not benefit anyone.

 

In response to questions, the applicant’s representative did not consider that knowledge of the applicant would make any difference. It would be the operating manner and the  ...  view the full minutes text for item 116.

117.

The Fine Grocery Store Co, 351-352 Upper Street, N1 0PD - New premises licence pdf icon PDF 2 MB

Minutes:

The licensing officer reported that the application was for sales of alcohol off the premises only, hours had been amended by the applicant to a terminal hour of 9pm and revised conditions had been circulated following the despatch of the agenda.

 

The applicant advised that a letter had been sent to the objectors to explain that the business was not a standard off licence, describing the offering and stating that the terminal hour had been amended to 9pm. Non-standard timings had also been withdrawn.

 

In response to questions the applicant stated that he was looking to sell artisan products, craft beers, bio dynamic wines and niche gins produced in small batches. He did not have the full range available yet but he was not looking to sell high street brands. He stated that this was a store that would not be alcohol led. The offering was likely to be 20% alcohol and 80% food.  The food offering would be delicatessen type produce from Spain, Italy etc with fresh breads, cheese and charcuterie. He believed the premises was an exception to the cumulative impact policy as it sold products that were different to most of the other shops and would supply a more niche market, it was not alcohol led and the type of alcohol sold would be unlikely to be consumed on the street. This was his third shop and each of the shops brought something different and were tailored to each area that they were in. All staff were trained in Challenge 25. He agreed to an additional condition limiting retail space for alcohol to be no more than 20%.

 

RESOLVED

1)     That the application for a new premises licence, in respect of The Fine Grocery Store, 351-352 Upper Street, N1 0PD be granted to allow:-

a)     the sale of alcohol, to be consumed off the premises only, Monday to Sunday from 8am until 9pm.

b)     The premises to be open to the public, Monday to Sunday from 8am to 9pm.

 

2)     Conditions as tabled at the meeting shall be applied to the licence with the following additional condition:-

 

·         Alcohol onsale shall belimited to thefridge and shelving area as shown onthe floor plan and at all times the amount of retail space shall be no more than 20%.

 

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it 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  ...  view the full minutes text for item 117.

118.

Kellys Cafe, 200 New North Road, N1 7BJ - New premises licence pdf icon PDF 4 MB

Minutes:

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