Agenda item

The licensing officer introduced the applicants to the Sub-Committee.  He clarified that the hours had been amended to be in line with the planning consent. Conditions had been agreed with the police and the noise team. One of the objectors had advised that they were generally happy with the application but required that conditions should be in line with the other restaurants in the area. The licensing officer advised that the main condition which applied would be that the entrance and exit after 8pm should be via Upper Street only and this would be in line with the planning consent.

The applicant’s representative stated that this was a restaurant with a plant based food menu. Alcohol would be served ancillary to food and all customers would be seated.  The premises was multifunctional. The application was for on and off sales. Hours had been reduced in line with planning consent. The premises did fall within the cumulative impact policy. There were robust conditions, the mixed use could be seen as an exception, the premises was not alcohol led. The police and noise team were in support and the applicant had asked for the removal of the condition, that one personal licence holder be on duty at all times, as it would be difficult to comply with this condition.  The police had accepted this amendment. One resident had reported loud music every Friday evening.  This event was a religious meditation class with chanting and would take place whether or not the licence was granted. The second objection was around planning policy. The hours were within licensing framework hours. This was a vibrant area and other premises were still trading after the hours applied for so it was not considered that there would a noise nuisance issue. He asked the Sub-Committee to grant the amended application. 

In response to questions, it was noted that customers would not be able to wander through the premises with a drink in their hand although they would be able to take a drink with them if they wished to do another activity. The applicant stated that he did not see any issue regarding a condition to allow exit and entrance onto Upper Street after 8pm. Studd Street was guarded by security. All delivery drivers would need to walk into the development. The applicant was happy to accept a minimum food order of £25 with alcohol deliveries or takeaway.

In summary, the applicant’s representative stated that this was a fairly comprehensive application and asked that the Sub-Committee grant the licence.

RESOLVED

1)      That the application for a new premises licence, in respect of Omnon, 166N Upper Street, N1 1QP, be granted to allow:-

a)      The sale of alcohol, on and off supplies, Monday to Thursday from 11am until 10.30pm, Fridays and Saturdays from 11am to 11pm and on Sundays from 11am until 10pm.

b)     The premises to be open to the public, Monday to Thursday from 11am to 11.00pm, Friday and Saturday from 11am to 11.30pm and Sundays from 11am until 10.30pm.

2)      That conditions detailed on pages 74 to 78 of the agenda shall be applied to the licence subject to the deletion of condition 7 as detailed below and the following additional conditions:

·             Condition 7. There shall be at least 1 personal licence holder on duty on the premises at all times when open for licensable activities. To be deleted.

·            The entrance or exit from the premises after 20:00 hours on any day shall be from Upper Street only.

·            Where alcohol is ordered for takeaway or delivery there be a £25 minimum order of food spend.

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.

Two local resident objections had been received.  Conditions had been agreed with the police and the noise team. The Sub-Committee noted that one of the agreed police conditions should be removed.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6 and had been amended to comply with existing planning consent.

The Sub-Committee heard evidence that the premises were a multifunctional space with a restaurant where the serving of alcohol would only be ancillary to food. The applicant had put forward a comprehensive operating schedule, had agreed 36 conditions and the application was within framework hours. The premises were mixed use and were not alcohol led. The Sub-Committee heard evidence from the applicant that there was no loud music on Friday evenings, just a meditation class with chanting. The applicant confirmed that they would be happy to agree a condition relating to access to the premises via Upper Street and confirmed that they operated a minimum spend policy in respect of the amount to be spent on food before alcohol could be delivered.

The Sub-Committee concluded that, with the reduced hours sought, the conditions agreed with the responsible authorities and the two additional conditions, the granting of the licence would promote the licensing objectives.  The Sub-Committee was satisfied that the conditions to be attached to the licence would tackle the noise concerns raised by the objectors and 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.