Half Cut Market, Ground Floor, 396 York Way, N7 - New premises licence
The licensing officer reported that additional papers received from the applicant had been circulated to the Sub-Committee following agenda despatch.
A resident stated that there was anti-social behaviour on York Way which spilled over into Camden Mews which included drug dealing and urination. He was concerned that if this establishment was not managed well the anti-social behaviour would be left for residents as the police did not deal with the bad behaviour. He was not objecting to the establishment but was concerned about the late hours and the anti-social behaviour. The noise team was not available when most needed and he was concerned about the noise from music in addition to the problems that residents already had. A second resident stated that problems included the behaviour of people that came into the area and loud music which was played which was amplified. He was concerned that the applicant had not stated in the application that he was applying for music on the premises. A third resident stated that amplified music was a large problem. People visiting pulled up in cars and Councils needed to step in and manage the behaviour. She was concerned about the tables and chairs outside the premises as loud conversations could be heard.
The residents indicated for the Sub-Committee the location of the premises in relation to Camden Mews.
The applicant’s representative stated that the Live Music Act 2012 deregulated live music and allowed premises which sold alcohol to play amplified live music or recorded music up until 11pm. The applicant only required background music but to restrict this to possible future use the applicant had agreed conditions with the noise team. If music was heard from the premises, this would be a breach of condition. Patrons would be seated except for during wine tasting events and this was reflected in proposed condition 27. York Way was a very busy road with bookmakers, pubs, cafes and smart shops. The police had spoken with the owners and agreed a large number of conditions. Future licensees would not be able to run any other type of operation without a new application. The premises could not be run as a bar as conditions were proposed that all patrons had to be seated, except in relation to wine tasting events, and the premises had to operate as a delicatessen/wine shop so could not be operated as an off licence. Residents were concerned about litter from take away food but this premises would not add to that problem and there was no reason for patrons to hang around the area. There would be four additional covers with two outside tables and four chairs and this could be the difference between profit and loss for the business. Tables and chairs also encouraged customers to the business so was a useful marketing tool. Four people at tables outside would not be heard above the noise of a busy road. It was considered that the business was an exception to the licensing policy. Alcohol was expensive and not sufficient strength. Patrons who wanted strong alcohol would visit the off licence next door. The applicant wished to engage with local residents and if other sites were a public nuisance would help residents to take these premises to review. He urged the Sub-Committee to grant the licence as sought.
In response to questions the applicant’s representative stated that they would distribute staff email details and phone numbers to residents in order to remain open to dialogue with local residents.
In summary, the residents stated that they were concerned about the outside tables and chairs as they considered that they would be difficult to manage. Once customers left a venue they were no longer the responsibility of management and if staff were running a busy restaurant they would not have the time to deal with noise issues. One resident asked if the licence could be granted on a temporary basis.
The applicant’s representative stated that a licence could not be granted on a temporary basis unless this was the application, but the residents had the ability to review a licence if necessary. The premises had drawn up a dispersal policy and there were two tables and four chairs which were limited and would be supervised.
1) That the application for a new premises licence, in respect of Half Cut Market, Ground Floor, 396 York Way, N7 9LW, be granted to allow:-
a) The sale of alcohol, on and off supplies, Monday to Thursday from 10am until 110.30pm, Fridays and Saturdays from 10am until 11.30 pm and Sundays from 10am until 9.30pm.
b) The premises to be open to the public, Monday to Thursday from 10am until 11.30pm. Fridays and Saturdays from 10am until midnight and Sundays from 10am to 10pm.
2) That conditions and detailed on pages 122 to 126 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.
Five representations had been received from local residents. Three residents spoke on behalf of all the objectors. Conditions had been agreed with the police and the noise team and there were no representations from 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 although the objectors were largely in favour of the premises operating they were concerned about serious anti-social behaviour issues around Camden Mews which was across the road from the premises. Noise was amplified through a tunnel, patrons of other premises urinated in the street and there was drug dealing from cars. Because of the tunnel they were concerned about the potential for noise nuisance from patrons sitting at the tables and chairs proposed outside the premises.
The Sub-Committee heard from the applicant’s representative that only background music would be played and it would be breach of the condition proposed if there was any music noise audible outside the premises. The premises would sell unusual wines and beers. 75% of alcohol offered for sale would be labelled as craft, bio-dynamic, artisan wine or organic. The alcohol would be complemented by small Asian style plates of food served to seated customers only. Food would be sold from the delicatessen as well as wine. Pre booked ticketed events would accommodate up to 25 people standing and this would be the only occasion when alcohol would be consumed on the premises when not seated. In relation to residents’ concerns, toilet facilities would be available on the premises for patrons. There would be two tables outside with four seats and patrons would be supervised by staff. The applicant was keen to engage with the local community and members of staff in attendance were prepared to give mobile phone numbers so that any complaints could be swiftly addressed.
The Sub-Committee was concerned about the existing anti-social behaviour issues in the area but considered granting the premises licence with the conditions for this type of speciality business would actually help to improve the area.
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.
The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives.