Agenda item

The licensing officer advised that the applicant had agreed the conditions suggested by the police so the police representation had been withdrawn. The applicant had also agreed a standard match day condition that alcohol should not be sold on Sundays until 12pm. The applicant had agreed all but one of the noise team’s suggested conditions.

The noise officer stated that residents were in very close proximity to the premises and numerous pubs and licensed premises in the area. The condition which had not been agreed by the applicant was that alcohol should only be sold ancillary to a meal. There was concern that without this condition, the premises could become alcohol led and become a bar.

The applicant stated that he was concerned about alcohol being sold ancillary to a meal as the premises was a small café and did not sell substantial meals. The noise officer stated that a small plate of food would meet the condition.

The applicant stated that he was not aware there was an issue with the planning use class as outlined in the officer report. He reported that the café had been operating as a café for 8 years and the current owner had had it for 1 ½ years.

The applicant stated that he was looking to diversify the business as a result of business rate increase. There would be no vertical drinking, there was currently seating for 14 people and extra seating would be introduced for small scale events. In response to a concern about refuse collection, the applicant stated that refuse was stored in a private alley and was collected between 5.30pm and 7pm.

The applicant advised that a strict Challenge 25 scheme would be implemented and the premises would not add to the cumulative impact. It would not be alcohol led and the only music played would be background music.

Following discussion with the noise officer, the applicant stated that he would be happy to accept the outstanding condition proposed by the noise team that alcohol be sold ancillary to a meal if the word “meal” was replaced by “food”.

RESOLVED:

That the application for a new premises licence in respect of Temptations, 25-27 Highbury Corner, Islington, London, N5 1RA be granted

1)         To allow on sales of alcohol, Monday to Sunday from 11:00 until 22:30.

2)         To allow off sales of alcohol Monday to Sunday from 11:00 until 23:00.

3)         Opening hours of the premises to be:-  06:00 to 23:00 Monday to Sunday.  

Conditions detailed on pages 226 - 228 of the agenda shall be applied to the licence. Condition 18 has been amended as agreed. The Licensing Authority’s standard match day condition number 1 in relation to sale of alcohol on a Sunday has been applied as agreed.

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 Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Holloway Road and Finsbury Park 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 operation 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 4 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 or subject to certain limitations, following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

The Sub-Committee noted that the applicant had agreed conditions with the police so this representation was withdrawn. The Sub-Committee further noted that the applicant had agreed one of the licensing authority’s standard match day conditions and that the applicant had agreed all but one of the conditions proposed by the noise team.

The Sub-Committee had read the agenda papers and considered the objections outlined at pages 222-225.

The Sub-Committee heard evidence from the noise team that there were residents in very close proximity to the premises and numerous pubs and licensed premises in the area. The noise team confirmed that the one condition that had not been agreed with the applicant was that if alcohol was to be provided, it should be ancillary to a meal. The concern was that without this condition, the premises could become a bar and that this would add to the cumulative impact.

The Sub-Committee heard evidence from the applicant that the premises operated as a coffee shop and café and did not do substantial meals. The applicant had agreed that off sales should be ancillary to food but the applicant was concerned about a possible condition referring to “meals”. After discussion between the applicant and the noise team in the hearing, the applicant agreed to a condition that alcohol would be served ancillary to “food”. The Sub-Committee was satisfied that this dealt with their concerns in relation to possible use of the premises as a bar and also planning issues.

The Sub-Committee heard evidence from the applicant that a contract was in place in relation to refuse collection. The applicant acknowledged that the premises were in a cumulative impact area but stated that the premises were very small and were within the framework hours. The Sub-Committee heard evidence that the premises were not alcohol led and would operate a strict Challenge 25 policy.

The Sub-Committee concluded that with the addition of the agreed conditions the grant of a licence would not add to the cumulative impact and would promote the licensing objectives. The Sub-Committee concluded that the premises were not alcohol led and were within the framework hours of operation. The main activity of the premises was as a coffee shop and due to the size and nature of the business there was minimal risk of street drinking or alcohol related nuisance.

The Sub-Committee noted that conditions had been agreed in relation to dispersal, deliveries, CCTV, no vertical drinking and match day sales. The Sub-Committee was satisfied that with these conditions the license would promote the licensing objectives and would not add to cumulative impact. The Sub-Committee considered Licensing Policies 1 in relation to planning permission, 2 and 3 and 4 in relation to cumulative impact, 6 in relation to hours of operation and 7 and 8 in relation to standards of management and 15 in relation in relation to selling alcohol on match days.