Agenda item

The licensing officer introduced the applicants and stated that there were no local residents in attendance. It was confirmed that the interested parties had been sent the notice of hearing and one resident had responded that the representation remained but they would not be attending.

The applicant’s representative stated that this was a new licence and it was the intention to surrender the licence if the application was granted.  The hours were considerably less than the current licence and framework hours had been applied for. There was also no application for music. This was a restaurant and not a bar. Conditions had been agreed. There were substantially more conditions proposed for this licence and they focussed on the prevention of public nuisance and crime and disorder. Off sales would be restricted to sealed containers and it was not the intention to permit drinking outside the premises.

In response to questions, the designated premises supervisor stated that they may look to deliveries in the future. She would need to look at the issues regarding non-motorised deliveries but she stated that this was not a high traffic area. Pasta meals would start from £8 and there was a limited bar offer of beer, wine and a few cocktails. The most expensive pasta dish was £16. There was a big focus on food and ingredients and there was no vertical drinking. Any deliveries would be based around a food kit offer rather than a meal. It was not the intention to sell alcohol only as a takeaway. A minimum spend of £10 for takeaways was not considered unrealistic. Delivery conditions numbers 24-26 had been proposed.

RESOLVED

1)      That the application for a new premises licence, in respect of Noci, 4-6 Islington Green N1, be granted to allow:-

a)    The supply of alcohol, on and off supplies, Sunday to Wednesdays from 8am until 11pm and Thursdays to Saturdays from 8am until midnight.

b)    The provision of late night refreshment, Thursdays to Saturdays from 11pm until midnight.

c)    The premises to be open to the public Sunday to Wednesday from 8am to 11.30pm and Thursdays to Saturdays from 8am until half past midnight.

d)    To allow non-standard timing for authorised activities from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

2)      That conditions detailed on pages 84 to 86 of the agenda be applied to the licence with the following amendments:-

Condition 24. The licensee shall ensure that no internal combustion engine vehicles are used for deliveries from the premises.

Deletion of condition 25.

Condition 26 to read. Alcohol shall not be sold or supplied via delivery from the premises, otherwise than to persons purchasing food and is ancillary to their meal with a minimum spend of £10.00

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.

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

Three local resident objections had been received.  There had been representations from the police and the noise team. Conditions had been agreed with both responsible authorities.

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

The Sub-Committee heard evidence that the applicant currently held a licence for the premises with more extensive hours for licensable activities. The Sub-Committee noted that the applicant would surrender the current licence if the application was granted. The Sub-Committee also noted that any off sales would be in sealed containers only. The applicant submitted that they were considering deliveries from the premises in the future and that any alcohol sold would be ancillary to food and that they were happy to see a minimum spend imposed as part of the conditions.

The Sub-Committee was satisfied that the applicant had demonstrated that the premises would not have a negative cumulative impact on the licensing objectives and that it would be reasonable and proportionate to grant the licence subject to conditions. The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management.

The Sub-Committee concluded that it would be reasonable and proportionate to require the applicant to provide off sales by means of only non-motorised vehicles to ensure that the licensing objective to prevent public nuisance would be promoted.