Agenda item

The licensing officer reported that a statement from the applicant had been circulated. This would be interleaved with the agenda papers. The sale of alcohol hours had been reduced to 10.30pm. The hours for late night refreshment remained until midnight.

A local resident stated that the premises was in a cumulative impact area and could not see that it was any exception to the policy. The local resident objected on the grounds of public nuisance and public safety as detailed in her representation. 

The applicant stated that the hours requested were within the licensing policy framework hours in order not to have a negative cumulative impact. This was not a bar or nightclub but a restaurant. There had been no representations from the police or from the noise team. Cooking was carried out at the front of the premises and the objectors were based six minutes away from the premises. The owner had received no complaints until the application had been made. A previous application had not been submitted to the Sub-Committee and had not been refused. The licensee had been at the premises for 17 months with no issues and was a good operator.

In response to questions it was noted that the premises seated 20 people and full restaurant conditions were proposed. The grill had an extraction system and there was no outside area. Alcohol was only served with a meal. 

In summary, the residents stated that they were situated straight behind the premises so were close to their rear wall. There had been a large turnover of this premises over the past 8 years and they had concern that the licence was attached to the premises. The noise issue had not been addressed and another premises in a cumulative impact area did not make any sense when there were already many problems with premises.

The applicant stated that there were four premises in close proximity and the residents would not be able to distinguish food smells emanating from one premises to another. It was unfair to blame this licensee. They did not use the garden area and the residents lived six minutes away. The application had been submitted in August and a number of TENs had been used with no complaints.

RESOLVED

1)     That the application for a new premises licence, in respect of Istanbul Meze Bar and Restaurant, 90-92 Seven Sisters Road, N7 6AE, be granted to allow:-

a)     The sale of alcohol, on supplies only, from Monday to Sunday from 11.30 am until 10.30pm.

b)     The provision of late night refreshment on Monday to Sunday from 11pm until midnight.

2)     That conditions detailed on page 149-151 of the agenda shall be applied to the licence.

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus 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 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.

Two local resident objections had been received.  The Sub-Committee noted that conditions had been agreed by the police and the noise team.

The Sub-Committee noted that the applicant had reduced the hours sought for the sale of alcohol and that the new hours were within the hours specified in licensing policy 6. The Sub-Committee further noted that the premises would only serve alcohol ancillary to a meal, had offered extensive conditions and were only seeking framework hours for alcohol and so could fall within the exceptions to the cumulative impact policy.

The Sub-Committee heard evidence from local residents that they were concerned about noise from the premises in particular in relation to noise from an extraction fan, and that they were also concerned about crime and disorder and public nuisance. Local residents stated that they suffered from air pollution from an open coal fire at the premises and that they were also concerned about drinkers blocking the pavement. Local residents saw no reason why there should be any exception to the cumulative impact policy in respect of these premises.

The Sub-Committee heard evidence from the applicant’s representative that there was no evidence of any problems being caused by these premises. The hours for alcohol sales were within policy hours. The cooking was done on a grill with an extraction system and there was a condition offered in relation to noise and vibration nuisance coming from the premises. There was no outside area and drink would only be served with food.

The Sub-Committee heard evidence that the applicant had been at the premises for seventeen months during which time several TENs had been operated with no issues.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought for alcohol sales 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, with the extensive conditions agreed, 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.