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Agenda item

I Tre Barili, 139 Holloway Road, N7 8LX - New premises licence

Minutes:

The licensing officer reported that additional papers had been circulated following the publication of the agenda.

 

A local resident raised concerns regarding the toilet access with entry to it via a private space in the rear courtyard area, noise from music emanating from the mezzanine level which had been built in the premises and the cumulative impact which had not been addressed with concern about street drinking in the area.

 

The applicant stated that this was a father/daughter business. The access to the WC was to be covered by CCTV and had a security keypad.  There was no regulated entertainment with only background music and no licence for this was required. There would be 20-23 covers available in the cafe. A mobile telephone number and an email address could be provided for any issues. Conditions proposed on pages 284-286 limited the operation of the premises which would have to operate as a delicatessen/café.  Restrictions would make it unattractive to street drinkers. Other off licences would sell alcohol at a higher price point. Alcohol would be served ancillary to food, dispersal would be quiet and safe. Records of incidents would be kept including action taken. A condition stated that no noise could emanate from the premises.  It was not a bar.

 

In response to questions it was stated that conditions had been agreed with the police and the noise team. This was a small operation, alcohol was served with food and customers would be seated with waiter/waitress service and the applicant considered this to be an exception to the cumulative impact policy. There had been no representation from the licensing authority which indicated that they were satisfied with the application. The applicant stated that she would be closing at around 11pm to allow customers to finish their food. In response to a question about the noise emanating from the mezzanine level it was stated that condition 15 would mean that any noise issue, if considered a nuisance, would need to be addressed. The toilet was external to the premises and a member of staff would show the customers to it. Deliveries of alcohol were not planned and the applicant agreed to a condition that did not permit deliveries of alcohol.

 

In summary the local resident stated that she welcomed the responses but concerns regarding the toilet still remained and considered that a door from the premises straight through to the toilet would be more sensible.

 

The applicant asked that the Sub-Committee agreed the application and stated that if they could come up with a solution regarding the toilet they would.  They considered that CCTV and the keypad would be sufficient control.

 

RESOLVED

1) That the application for a new premises licence in respect of I Tre Barili, 139 Holloway Road, N7 be granted;

 

a)        To allow the sale of alcohol, on and off supplies only, Monday to Sunday from 10am until 10pm.

b)        The premises to be open to the public, Monday to Sunday from 10am to 11pm.

2) Conditions detailed on pages 284 to 286 of the agenda shall be applied to the licence with the additional condition:-

·         There be no off sale deliveries of alcohol.

REASONS FOR DECISION

This meeting 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.

 

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

 

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

 

The Sub-Committee heard evidence from a local resident regarding toilet access from the premises, concern regarding noise nuisance from the mezzanine level and the failure of the applicant to address the cumulative impact area.

 

The Sub-Committee heard from the applicant that security regarding access to the toilet was to be implemented, conditions regarding noise would protect residents and any future issue regarding the mezzanine level would be addressed. The applicant submitted that the premises would not add to the cumulative impact as they were small, sale of alcohol was linked to food and there would be waitress service at the premises. The applicant further submitted that neither the police nor the licensing authority had raised any concerns regarding street drinking or crime and disorder.

 

The Sub-Committee noted that the applicant was not proposing to provide any off sale of alcohol by delivery and therefore added a condition to reflect this.

 

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.  The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and with the conditions, 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.

 

Supporting documents: