Agenda item

The licensing officer reported that, regarding the planning situation, the premises had A3 planning consent but this had now been transferred to A1. Hours were until 6pm previously. This was a variation application.

The Sub-Committee noted that a resident that was unable to attend the meeting requested that smokers be limited to three people and the outside space be swept regularly. This had been included in the proposed conditions.  The resident asked that an awning be erected, however, it was noted that this may require planning consent.

The previous licence had been approved under delegated authority. 

One local resident attended the meeting.  She stated that there had been issues with the extractor fan but this had now been fixed. She said that when the premises were open residents could hear conversations in the kitchen, even when windows were closed.  She was very concerned about the extension of hours.  She also would prefer less smokers outside or that smokers were moved around the corner of the property.

The applicant’s representative stated that the premises had previously been licensed up until midnight as A1. The premises held an alcohol licence until 6pm. The extractor fan was changed in January. There may have been noise from workers at this time.  The police asked that the hours be reduced to 10pm and this was agreed. It was also agreed that there be only three smokers outside and that there be a regular sweep outside.  They could currently be open until 10pm but would want the alcohol licence extended from 6pm. This was not a pub.  They intended to have bottled beers with food.

In response to questions, the applicant stated that the extractor fan was changed in January which alleviated the noise.  Carpet could not be used for health reasons so chairs could scrape on the floor and create noise.  The kitchen was very small and only one person could stand in there at a time.  The applicant would prefer 11pm as the sale of alcohol time.  The lease stated it was A3 but the previous tenant had changed the premises from a restaurant to a hairdresser which would be A1 use.  The licensing officer reported that once the premises was operated as A1 use it could not then revert back to A3 use. The applicant was in the process of applying for A3 use.  The premises had been trading as a café since 2015. It had stated that it was A3 on the lease so the applicant was not aware that it was A1.  There was a smoking sign to limit smokers to three persons outside and they would stop further customers smoking if necessary.  The applicant assured the Sub-Committee that they were responsible and would do everything they could to fix issues.  They would not serve customers who were drunk. They engaged with the local community and would offer a phone number if necessary. Alcohol would be served ancillary to food. The majority of trade was for breakfast.  They intended to serve café food such as burgers or paninis.  They agreed that there be a condition that the premises would not be hired out for parties. 

In summary the resident stated that even three smokers were too many and she would prefer customers to smoke around the corner.  The noise from the premises was already too much.

The applicant stated they could serve food until 11pm and just wanted alcohol to be permitted.  They agreed to 10pm, although they stated they would prefer until 11pm, and said they could use lino instead of wood on the floor.

RESOLVED

1)     That the application for a premises licence variation, in respect of Shpella, 21 Crouch Hill, N4 4AP be granted to allow:-

a)    The sale of alcohol, on and off sales, from 10 am to 10pm Monday to Sunday.

b)    Opening hours to be 7am to 11pm Monday to Sunday.

2)     That conditions detailed on pages 47 and 48 of the agenda shall be applied to the licence with the following addition.

·         The premises shall not be hired out for private parties.

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 considered the written application and representations in the papers from residents. In addition, it considered the oral submissions made by the applicant and his representative as well as one resident who addressed the Sub-Committee.

The Sub-Committee took into consideration the fact that there were no representations from any of the Responsible Authorities and that the noise issue associated with the extractor fan at the premises appeared to have been resolved.

The Sub-Committee noted that the premises did not fall within a cumulative impact area, that the applicant agreed to reduce the applied for time to 22hrs instead of 23hrs, that the agreed conditions were robust, that the neighbours were to be provided with telephone contact details of the applicant, that the business was a coffee shop and that the business was not alcohol led. The conditions provided that there could be no vertical drinking, alcohol could only be supplied to seated customers for consumption as ancillary to a meal. Any off sales would have to be supplied in sealed containers.

The Sub-Committee noted that there were planning consent issues which needed to be resolved in the applicant’s favour before the business could operate with the varied licence.

Taking all the above mentioned factors into account the Sub-Committee decided that the granting of the variation with the conditions was proportionate and reasonable.