Agenda item

The Licensing Officer introduced all parties to the application, which was for a new premises license under the Licensing Act 2003. The License was to allow the sale of alcohol, on the premises only, between 08:00 and 23:00 on Monday to Sunday.

There were no representations made by responsible authorities. One resident made a representation. There were two errors in the report that were corrected by the licensing officer. Where the report said one ward councillor had made a representation, this should be none and, the report should have included off sales as part of the application. 

A local resident in objection to the new premises license, informed the committee that he would not go through all the points he had previously raised in his letter. He highlighted that the premises was in a sensitive, conservation area leading to Highbury Fields and a change of use from a bank to a retail outlet, that sold alcohol, should have greater consultation. He felt a retail operation until 11pm could change the nature of the area, with people congregating outside the premises. The applicant should ensure the premises worked for the community and was well managed. A close time of 9pm would be preferable which was a similar closing time to other Harvest shops.

Following questions from the Sub-Committee the resident explained there had been conversations with both councillors and residents regarding the area becoming a busy area for Deliveroo. He highlighted the applicant had agreed not to allow motor vehicles or deliveries from the back of the building.

The applicant and his representatives informed the Licensing Sub-Committee that several issues raised were related to planning concerns however there had been no planning issues with the application. It was highlighted that there was customer demand for the store that included opening hours until 11pm. The produce and the reduction in customers having to travel to alternative harvest stores were a benefit to the customer and the local area.

The legal representative asked whether conditions had been agreed to ensure deliveries and collections were not made from the back entrance to the shop. The Licensing Sub-Committee were informed that there were not conditions attached to the license, but it had been agreed the side entrance would not be used and there were currently no plans to use it. It was residential towards the rear and they wanted to avoid loitering. Consequently, only the front entrance would be used for customers and deliveries.

It was highlighted that it was an independent family run business, and the applicant was the designated premises supervisor and manager at three other shops.  People could come to the shop to buy local produce; new business could request shelf space and they would try and source items they didn’t have for the customer. The premises aimed to be part of the community and to have a great relationship with residents.

The Sub-Committee asked how the community had been engaged and whether the premises would hire local people. They would hire 20-25 people and would advertise to and aim to employ local people. There had been some consultation with local business and residents had expressed a desire to have a Harvest nearby.

A question was also raised regarding plans to change the entrance at a later date. It was explained that the entrance would remain at the front however to utilize the space at the side they would remove the disabled ramp and considered having an extension. This would need planning permission. There would be assisted access for disabled customers.

The Sub-Committee considered how the premises would ensure Deliveroo drivers didn’t park up idly and disturb residents. It was explained that there would be no motorised cycles, cars or motorbikes allowed. Only cyclists. They also considered whether additional security would be provided. It was explained that on match days they would increase the number of staff from five to seven or eight. Security may be on the front door to ensure customers are not queuing up outside.

The Sub-Committee asked what staff would do to control drinking and anti-social behaviour. The applicant explained that on match days someone would be at the entrance making sure it was kept clean and to prevent loitering.  They wanted the store to be community based and it sold mostly health foods, not alcohol. Outside of match days they would also check around the store.

In summary, the resident felt the change of use was frustrating and there should have been more opportunity to comment on it. He highlighted that the applicant had agreed not to use the back entrance for customers or deliveries; to ensure the cigarette receptor was not accessible when the store was closed; that the main door only would be used for the collection of refuse and that any development to the rear should include stakeholder consultation.

In summary, the applicant stated that there were no current or historic issues at any of his stores; there was no concern raised by responsible authorities; the shop was customer driven and customers requested the hours applied for and those customers ask that the application be granted.

The Chair informed those present that the legal advisor would inform them if legal advice was provided during the decision making.

RESOLVED

The Sub-Committee has decided to grant the application for a new premises licence in respect of Harvest N5, Barclays Bank, 2-4 Highbury Corner, Islington, London, N5 1RE to allow the sale of alcohol off the premises only between 09:00 and 23:00 on Monday to Sunday.

Conditions detailed on pages 138 to 142 of the agenda shall be applied to the licence with the following additional conditions :-

·       The only entrance and exit to the premises for deliveries and customers is to be the current main entrance.

·       Deliveries and collections (by whatever means) will only be made to the main entrance and delivery bikes and the like will not be serviced from the rear of the building (the ramped access).

·       The cigarette receptacle will not be accessible when the shop is closed (so as not to encourage loitering).

·       Commercial rubbish will not be left for collection at the rear of the building but instead will be left at the main door for collection withing an hour or two.

REASONS FOR THE 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 are situated in the Holloway Road 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.

One local resident objection had been received. There had been no representations made by the responsible authorities. The local resident and applicant made oral submissions at the hearing.

The application was for an off sales licence. The hours requested were within the core hours specified in licensing policy 6.

The Sub-Committee noted that the proposed conditions provided for special arrangements to be implemented on Arsenal Football match days.

The Sub-Committee was satisfied that the comprehensive operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not add to the cumulative impact, specifically conditions relating to entrance to the premises for customers and deliveries, and the condition that purchase deliveries would only be on bikes.

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