Agenda item

The licensing officer introduced the interested parties and the applicant and reported no further updates since the publication of the report.

Two residents had submitted objections to the application. One resident stated that they were not against commercial activity but there needed to be a balance between this and the amenity of residents. There were four nearby shops already selling alcohol. They had spoken to the applicant’s representative who had advised that the premises would be selling only organic wine. There was a nearby park and primary school, the area attracted street drinkers and the hours of 8am to 11pm were concerning. The second resident agreed with these concerns and stated that he would like to see a restriction on the long hours. He stated that this was a mixed community with a lot of children and families, a high density area with anti-social behaviour and residents already had increasing concerns about the cumulative impact. He would be pleased to see that only organic alcohol would be sold. It was also stated that the applicant owned a local restaurant and there had been issues in the alley between this restaurant and the flats.

In response to a question from the applicant’s representative it was confirmed that the residents objections were at pages 75 and 76 of the agenda. The applicant’s representative stated that the applicant owned three restaurants in the area and had over 16 years at the location. He wished to sell mainly organic food and wine but did not wish to be restricted completely to selling organic wine only.  The shop would be opening as a bakery at 8am, selling items such as fresh sourdough bread. They would not wish to sell alcohol so early in the morning so agreed to amend the hours from an 8am commencement time to 11am. The premises had been empty for four years and it was not believed that the premises would attract street drinkers as the price mark would not be affordable. There had been no representations from the responsible authorities and there were many conditions proposed. The review process was available if required.

In response to questions, it was confirmed that the applicant was willing to agree a start time for the sale of alcohol of 11am.  The business was expected to be similar to a Wholefoods business selling mainly organic products including organic wines and beers.  Alcohol was expected to be 10% of sales. A bottle of wine was expected to cost in the region of £14/£15. The bakery part of the business would commence at 8am.  They would not sell any cheap drinks of high strength alcohol but did not wish to be restricted to only organic alcohol.

In summary, one resident stated that she was reassured by what she had heard and was looking forward to the bakery. The change in hours was welcome but would prefer a condition that stated that the premises would sell mostly organic food with some alcohol.

RESOLVED

That the application for a new premises licence, in respect of Whitecross Off-Licence, 134 Whitecross Street, EC1 be granted to allow:-

1)        The sale of alcohol, off supplies, Monday to Sunday from 11am until 11pm.

2)        The premises to be open to the public, Monday to Sunday from 8am until 11pm.

3)        That conditions detailed on pages 83 to 85 of the agenda be applied to the licence.

REASONS FOR DECISION

This meeting was held under regulations made under the Coronovirus 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 Bunhill 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.

Seven local resident objections had been received.  There had been no representations made by the responsible authorities.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

The Sub-Committee heard evidence that the applicant owned three restaurants in the local area and had been in the area for over sixteen years. He wanted to sell mainly organic food and wine similar to a Wholefoods business. He agreed to amend the licensing hours from 8am to an 11am start.

The Sub-Committee heard evidence from a resident about the anti-social behaviour in the area and concerns about street drinking in the proximity of a park and primary school. However, she was pleased with the revised start time and welcomed the presence of an organic bakery. She would welcome a restriction of alcohol to be mainly organic wines.

The Sub-Committee noted that alcohol would be only 10% of all sales, high strength alcohol would not be sold and 15% of the total sales area would be used for the sale or display of alcohol.

The Sub-Committee concluded that the granting of the licence with the agreedconditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6.  The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use meant that the premises would not add to the cumulative impact.

The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives and in the public interest.