Agenda item

The licensing officer advised that the conditions proposed by the noise team had been agreed by the applicant on 2 August 2018. These were included in the proposed conditions on pages 151-153 of the agenda.

The residents confirmed that they had had a meeting with the applicant to discuss issues. They had not realised the business was being sold and their issues related to the previous owner and as the new owner was prepared to address the residents’ concerns, they were willing to withdraw their objections.

The applicant’s legal representative stated that the applicant did not yet own the premises but had a solicitor’s letter to say the sale would be completed in the next two to four weeks. This was submitted to the licensing officer. The applicant’s legal representative advised that the applicant had 20 years’ experience and the premises would be run as a café during the day and a Turkish restaurant at night. The applicant gave an undertaking to modernise the flue system that was causing the residents problems. This would be covered by one of the conditions proposed by the noise team and agreed by the applicant. Concerns about the removal of rubbish would also be addressed. The applicant confirmed he would also invite the residents to meet with them, would provide residents with a phone number and email address to contact in the event of any problems.

As the residents’ concerns related to the previous owner, the applicant proposed a condition that the previous owner would not be permitted to work in the premises in any capacity after ownership had transferred to the applicant.

The applicant stated that alcohol would only be served ancillary to a table meal and there would be no vertical drinking.

RESOLVED:

That the application for a new premises licence in respect of Hamlet Café, 435-437 Hornsey Road, London, N19 4DX be granted

1)         To allow the sale by retail of alcohol, on supplies only, Monday to Sundays from 10:00 until 22:00 and

2)         Opening hours to be:-  Mondays to Sundays from 06:00 until 22:30.

The conditions detailed on pages 128 and 129 of the agenda would be applied to the licence with the addition of a condition proposed by the applicant namely that when the Lease for Hamlet Cafe and Restaurant was signed and Mr Azmi Pala became the Leaseholder and operator of Hamlet Cafe and Restaurant, Mr Safar Dorgan would not be employed or permitted to work in the business or be involved in the business in any capacity.

REASONS FOR DECISION

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 interested parties who were residents had discussed the matter with the applicant and his representative before the meeting and conditions had been agreed with them. They had been under a misapprehension when making their representations that the former owner of the café had made the application and their objections had been based on their description of his conduct. It was agreed that the former owner should not be employed or be permitted to work in the business or be involved in the business in any capacity, once the lease had been signed and Mr Pala became the leaseholder and operator of the café.

The Sub-Committee was also satisfied from the description of the business as a café by day and a Turkish restaurant by night with on supplies of alcohol only and that there would be no detrimental impact on resettlement housing projects nearby or vulnerable individuals. The Sub-Committee considered that with the agreed conditions it would be proportionate and appropriate to the licensing objectives to grant the premises licence.