Agenda item

The licensing officer reported that three further documents had been circulated following agenda despatch.  These included a Fire Risk Assessment, the Code of Conduct and Behaviour and a response from the applicant to the representations. All conditions from the Licensing Authority and the Noise Team had been agreed and the Licensing Authority had accepted the 10pm close of the external seating area. The applicant had accepted a condition of no deliveries.  There were no residents in attendance.

The applicant stated that he had accepted all the conditions and the police had agreed the CCTV.  In response to questions about the cumulative impact policy, his agent, who supported him at the hearing, stated that this was a café and the applicant had taken comprehensive steps to ensure all people were safe. Customers would have an option of having alcohol with food.  The premises would not be alcohol led and was not a pub. He had been working closely with the applicant and he would be compliant and ready to work with the authorities. Regarding concerns about a terrace that had been built without planning permission, the applicant’s representative advised that this did not require planning permission and was an area for two or three customers to smoke.  The licensing officer confirmed that she had been advised that the terrace did not need planning permission but should not be used as a smoking area as it was an enclosed space. A fire risk assessment had been conducted and a fire alarm system had been installed. The agent could answer the questions on this assessment. Food would be delivered to the premises using reputable delivery services although this would be used very rarely.  Food served would be mainly sandwiches and light Eritrean food and snacks.

In summary, the licensing officer stated that she had met with the applicant and had gone through all of the conditions with him.

The applicant’s representative stated that there had been a fire risk assessment and policies in place. He considered that the premises would be good for the local authority.  He stated that it would be prudent to allow the licence and the applicant would comply with the regulations.

RESOLVED

1)     That the application for a new premises licence, in respect of Aquilla Café, 151A Copenhagen Street, N1 0SR be granted to allow:-

a)   The sale of alcohol, on and off sales from 1pm until 11pm Monday to Thursday, 1pm until midnight on Friday, from noon until midnight on Saturday and from noon until 10pm on Sunday.

b)   Late night refreshment from 11pm until midnight on Friday and Saturday.

c)    Opening hours to be from 8am until 11pm Monday to Thursday and from 8am until midnight on Friday and Saturday and from 8am until 10pm on Sunday.

2)     That conditions detailed on pages 51 – 55 of the agenda be applied to the licence.

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 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. It appeared that this could be considered an exceptional case in that this fell within licensing policy 3 paragraph 48.  The applicant was assisted by his agent who was able to clarify certain issues. From the evidence given by the agent this was not an alcohol led premises and the hours of operation were within framework hours (licensing policy 6 – restaurant/café and coffee shop). 

The objectors had not attended and there was no evidence before the Sub-Committee that the complaints made in the representations were substantiated during the period that the premises had been open. The applicant and the agent had worked with the police, the noise team and licensing and had agreed the conditions suggested so that there were no representations from responsible authorities.

However, in view of the cumulative impact policy and the possibility of noise as a result of the use of the external rear area a condition was imposed restricting use of the back yard to 9pm. The applicant had already submitted in writing that the use of the billiards facility would be restricted to a maximum of six people and customers would not be allowed access from the billiards facility to the external rear area.

The Sub-Committee concluded that the applicant had rebutted the presumption of refusal with the nature of his business, which was for the sale of food with alcohol and was not a bar, and with the robust conditions proposed which had been largely agreed by him. There was unlikely to be a negative cumulative impact on any of the licensing objectives.

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