Agenda item

The Licensing Officer had no updated information to share with the Sub-Committee.

The applicant stated that he had noted the objections to the licence application. However, he managed five other shops and the premises next to this one was operating as an off-licence.  He could not see any problems with selling alcohol.  If a customer looked younger than 25 years of age, they could be challenged. There was a system on the tills in the premises to prompt staff to check this when making sales of alcohol or tobacco. He did not understand residents’ comments that he was selling “cheap alcohol” as he bought only from wholesalers.

A member of the Sub-Committee asked the applicant how he would manage the sale of alcohol on Arsenal match days.   The applicant replied that he would set up a rule for his staff to refuse alcohol to anyone who was already intoxicated.  He would permit only one or two customers onto the premises at any one time.  If necessary, customers could be refused alcohol and the premises door would be closed.

Noting that the applicant also ran a number of other shops, a member of the Sub-Committee asked whether any of them sold alcohol, indicating that the applicant would be used to holding an alcohol licence and to selling alcohol. He highlighted the fact that Islington Council had a rigorous system for monitoring the sale of alcohol in premises in the Borough and that the Council’s Licensing Sub-Committees were used to considering applications, from residents or the Police, proposing revocation of a licence.  The Council was robust in monitoring the sale of alcohol and in taking action against premises licence holders who did not abide by the conditions of their licence. He asked the applicant whether he was sure that he could meet the Council’s high expectations in this regard.

The applicant confirmed that he could meet the Council’s expectations with regards to compliance with licensing objectives.  The applicant added that he had managed this particular shop for three years. He would have to think carefully when running it as an off-licence also. He appreciated that the Council’s Licensing Team could inspect his premises at any time to carry out test purchases, or to check his stock.

A member of the Sub-Committee pointed out that the application was not very detailed and made little reference to the objectives of the Council’s Licensing Policy.  He could find no reference to the maintenance of a Refusals Book and asked whether a Refusals Book was available in one of the other off-licences. The applicant confirmed that there was a Refusals Book available in his off-licence and that he complied with all the conditions of his premises licence.

RESOLVED:

(a) That the application for a new premises licence in respect of J&T Foods Ltd, 10-12 Highbury Park, London N5 2AB, be granted to allow:

i) the sale of alcohol from Sunday to Thursday, from 09:00 hours to 22:00 hours and on Friday and Saturday, from 09:00 hours to 23:00 hours and (ii) opening hours from Sunday to Thursday, from 09:00 hours to 22:00 hours and on Friday and Saturday from 09:00 hours to 23:00 hours.  

(b) That the conditions detailed on pages 30 and 31 of the agenda be applied to the licence.

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.

Two local resident objections had been received, although they were not present at the Sub-Committee meeting.  There had been no representations made by the responsible authorities.

The Sub-Committee considered the evidence from the applicant that he managed other premises in the vicinity of these premises and held a premises licence. He was aware of the requirements for the sale of alcohol. He described how he would challenge anyone who looked under 25 years of age and how there was a system on the tills in the premises to prompt staff to check this when making sales of alcohol or tobacco. He did not understand residents’ comments that he was selling “cheap alcohol” as he bought only from wholesalers.

On Arsenal Match days, he stated that he would set up a rule that anyone coming into the premises to purchase alcohol would be refused if they already appeared intoxicated.  He would limit the number of customers entering the premises to two at a time. He appreciated that Licensing Team staff could inspect his premises at any time. A refusals book was kept on the existing premises where alcohol was sold and one would be kept at these premises, should the licence be approved.

The Sub Committee noted that the premises were not situated within a cumulative impact area

The Sub-Committee concluded that, with the conditions detailed on pages 31 and 32 of the agenda, there would be no adverse impact on the licensing objectives as a result of the granting of this new application. It was proportionate and appropriate to the licensing objectives and in the public interest to grant the licence with those conditions.