Agenda item

The applicant stated that this premises would be a great addition to Chapel Market.  It was a small pizza restaurant which would serve pizza with beer or wine.  He had previous late night licence experience. CCTV had been installed and signs were up. They were paying rent for the whole day but were only open from 9 – 4pm so it seemed sensible to extend their hours. A manager of another place he had run would be in charge and he was a two minute walk away. Background music would be played. He wanted the licence to go past 10 pm for flexibility.

In response to questions, the applicant stated that he would be selling British craft beers, mainly brewed in London. Some would be available in supermarkets but he would have a higher price point. He was considering take away but was not sure he would do this at the moment.

RESOLVED

The Sub-Committee has decided to grant the application for a premises licence variation in respect of Mercers and Co, 26 Chapel Market, N1 9EN

1)        To allow the sale of alcohol, on and off supplies only, Monday to Thursdays from 12 noon to 11pm, Fridays from 12 noon until midnight, Saturdays from 11am until midnight and Sundays from 11am to 11pm.

2)        The provision of late night refreshment, Fridays and Saturdays from 11pm until midnight;

3)        The premises to be open to the public, Sunday to Thursdays from 7am until 11pm and Fridays and Saturdays from 7am until midnight.

Conditions detailed on pages 71 to 72 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 King’s Cross 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.

One local resident objection had been received.  Conditions had been agreed with the police. There had been no representations made by other 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 premises had held a licence since 2016 and sold some wines, prosecco and a small selection of beers. The applicant stated that he wanted to open the premises later to try to recoup some of the business losses from the pandemic. The applicant wanted to sell pizza and would be offering British craft beers, mainly brewed in London. The applicant stated that he ran other premises nearby, and that an experienced manager from these other premises would be managing Mercer & Co. The applicant stated that the price point for alcohol at the premises would be higher than local supermarkets. He wanted to have the flexibility to serve his customers food and beer later in the evenings but it was not a place where people would come in and get drunk.

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