Agenda item

The licensing officer reported that, as a result of discussions with the applicants and the residents, amended conditions 16 and 30 had been circulated.

One local resident stated that he did not object to the application but raised concerns regarding the extractors as there had been problems from other restaurants in the area and he would have concerns if this applicant moved away. It was understood that any extractor equipment would need a separate planning application and they would have an interest in ensuring that any system was compliant. He considered that the applicant would be an asset to the area and thanked the licensing officer in his work with the applicant and the residents. A second resident stated that she would reiterate support for the applicant and would be pleased if there was additional oversight if any external extractors were part of a separately planning process and would like confirmation that this would be the case. Residents would want the ability to control the external extractor units in the future.

The licensing officer informed that if proposed condition 30 was inserted onto the licence any breach could be enforced should the licence holder use gas appliances, burners or deep fat fryers. The legal officer advised that the licensing officer could check whether or not this condition was being complied with and a review application made or prosecution if necessary. Any noise or odour issues could be investigated by Environmental Health and planning enforcement could take action regarding external structures.

One applicant, who stated he trained as a butcher and specialised in French charcuterie was working with two wine importers. He supported organic farms and he hoped to address the concerns of residents. They did not intend to use external extraction. The two directors had over twenty years’ experience between them working front of house. They had seen how extraction systems should be installed using recirculating air. They wished to have as little impact outside the building and they knew how frustrating it was having odours from cooking in flats. They wished to run a successful business and hoped that that this would be a venue for local residents in the area. They understood their responsibility on local residents and the authorities. They had a small walk in fridge. There was a courtyard outside and the external until would be in the basement level of the floor. They would use air conditioning only when absolutely necessary and not 24 hours. They understood the cumulative impact of another extractor unit at the rear. They had no plans to use the old ventilation system and would remove it.

In response to questions, it was noted that wines were shipped into a bonded warehouse. They would not be delivering food from the bar.  One applicant stated that he delivered 15 boxes on a Friday morning but this was fifteen minutes from the shop and there was no intention to change this. The applicants’ agreed to additional conditions regarding the use of non-motorised vehicles and a minimum order of food with alcohol.

RESOLVED

1)     That the application for a new premises licence, in respect of 57 Newington Green N16 9PX, be granted to allow:-

a)         the sale of alcohol, on and off supplies, Sunday to Thursday from 12 noon until 11pm, Fridays and Saturdays from noon until midnight;

b)         The playing of recorded music, Fridays and Saturdays from 11pm until midnight;

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

d)         The premises to be open to the public, Sunday to Thursday from noon until 11.30pm and Fridays and Saturdays from noon until half past midnight.

e)         To agree the following non-standard timings on days preceding Bank Holidays.

·         The sale by retail of alcohol, on and off supplies from noon until midnight

·         The playing of recorded music from 11pm until midnight

·         The provision of late night refreshment from 11pm until midnight

·         The premises to be open to the public from 12 noon until half past midnight.

2)     That conditions detailed on pages 130 to 132 of the agenda shall be applied to the licence with the following amendments:-

Condition 16 to read:- The delivery of licensable goods to the premise shall be restricted to the hours between 10:00 and 20:00 hours Monday to Saturday. No deliveries of licensable goods to the premises shall be made on a Sunday or a Bank Holiday.

Condition 30 to read:- Until such time as adequate extraction and ventilation is installed as agreed by the Local Authority Planning and Environmental Health Departments, there will be no use of Gas Appliances, Charcoal Burners or Deep Fat Fryers to cook with at the premises.

Additional conditions:-

·         All deliveries shall be made by non-motorised vehicles.

·         Deliveries of alcohol from these premises shall be with sales of food at a minimum amount of £15 and above only.

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.

Four local resident objections had been received and two residents attended. They had been concerned about possible noise and smell nuisance from equipment on the premises including air conditioning.  However, agreement had been reached on additional conditions and they emphasised that their concerns were not so much connected with the present applicants as the use of the premises if the applicants moved on. There were no representations from responsible authorities.

The Sub-Committee heard evidence that deliveries of alcohol would not be supplied from the premises but from a bonded warehouse. There was an online food outlet which operated on Fridays only from the premises and motorised vehicles were not used for these deliveries. The Sub-Committee was concerned to protect residents in the future as well and the applicants agreed to conditions about the use non-motorised vehicles and a minimal food requirement for deliveries of alcohol from the premises.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would not cause any foreseeable impact on any of 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.