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Agenda item

The Fine Grocery Store Co, 351-352 Upper Street, N1 0PD - New premises licence

Minutes:

The licensing officer reported that the application was for sales of alcohol off the premises only, hours had been amended by the applicant to a terminal hour of 9pm and revised conditions had been circulated following the despatch of the agenda.

 

The applicant advised that a letter had been sent to the objectors to explain that the business was not a standard off licence, describing the offering and stating that the terminal hour had been amended to 9pm. Non-standard timings had also been withdrawn.

 

In response to questions the applicant stated that he was looking to sell artisan products, craft beers, bio dynamic wines and niche gins produced in small batches. He did not have the full range available yet but he was not looking to sell high street brands. He stated that this was a store that would not be alcohol led. The offering was likely to be 20% alcohol and 80% food.  The food offering would be delicatessen type produce from Spain, Italy etc with fresh breads, cheese and charcuterie. He believed the premises was an exception to the cumulative impact policy as it sold products that were different to most of the other shops and would supply a more niche market, it was not alcohol led and the type of alcohol sold would be unlikely to be consumed on the street. This was his third shop and each of the shops brought something different and were tailored to each area that they were in. All staff were trained in Challenge 25. He agreed to an additional condition limiting retail space for alcohol to be no more than 20%.

 

RESOLVED

1)     That the application for a new premises licence, in respect of The Fine Grocery Store, 351-352 Upper Street, N1 0PD be granted to allow:-

a)     the sale of alcohol, to be consumed off the premises only, Monday to Sunday from 8am until 9pm.

b)     The premises to be open to the public, Monday to Sunday from 8am to 9pm.

 

2)     Conditions as tabled at the meeting shall be applied to the licence with the following additional condition:-

 

·         Alcohol onsale shall belimited to thefridge and shelving area as shown onthe floor plan and at all times the amount of retail space shall be no more than 20%.

 

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 Angel and Upper Street 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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

 

The Sub-Committee also 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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

 

Four local resident objections and an objection from the Angel Association 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 and had been reduced further by the applicant on receipt of representations from residents.  However, they noted that a further representation had been received from a resident concerned that the specialist nature of the shop might change in the future.  It was of course, not possible for this Sub-Committee to bind the hands of future Sub-Committees in the event of any application for a variation. None the less the applicant had asserted that the ratio of food to alcohol sales was 80% to 20% and had agreed at the meeting to a condition that the amount of retail space dedicated to alcohol should be no more than 20% at any time. Adding this condition seemed an appropriate measure to take in response to the resident’s representation.

 

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 were within the hours specified in licensing policy 5 and 6 and that this was a high end grocery selling specialist artisan and bio dynamic alcohol with unusually sourced food not generally sold on the high street.  The proposed use, with the conditions agreed, meant that the premises would be unlikely to 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.

 

Supporting documents: