Agenda item

The licensing officer reported that the Licensing Authority and the Police had submitted representations but these had been withdrawn following conditions agreed with the applicant.

The resident stated that she was only concerned about proposed condition 13. She said that the smell of burning coffee was very different to the smell of roasting coffee.  There had been a bakery at the premises previously and this had been a pleasant smell. She stated that during operating hours they were unable to open the windows. The smell was difficult to record. The Environmental Health officer had stated that the smell was inconsistent and she was concerned about the long term effect on her health due to the particles emitted.  They had spoken to the owner and he had stated that the equipment was the best, however she felt that the equipment was not good enough.

In response to questions, the resident stated that she had no objection to the sale of alcohol but considered that condition 13 would not be satisfied. The Chair stated that the resident should try to achieve a resolution through the Environmental Health team. The applicant had accepted a condition that no odour would be emitted from the premises that would cause a nuisance to neighbours.

The applicant’s representative stated that this was a case where there was an alleged nuisance from the smell of coffee but this did not have any bearing on the licensing objectives or the sale of alcohol. Condition 13 had been proposed from the outset. The applicant had a state of the art extraction system. The Environmental Health team had visited and had not objected. He considered that this was an exception to the cumulative impact policy and asked that the licence be granted as sought.

In response to questions, it was agreed that deliveries to local businesses could be by non-motorised vehicle. It was stated that the extraction system was bespoke. The carbon filters were changed every six months and there would be weekly and daily cleaning. If readings increased, the applicant may need to add an additional carbon filter.

In summary, the resident hoped that matters could be resolved. The applicant agreed to the amended wording regarding local deliveries and stated that the applicant would use their best endeavours regarding other deliveries.

RESOLVED

1)      That the application for a new premises licence, in respect of The Roasting Shed, 322 Hornsey Road, N7 7HE, be granted to allow:-

a)    The sale of alcohol for consumption on the premises from 4pm to 10pm Monday to Sunday.

b)    The sale of alcohol off the premises from 10am until 10pm Monday to Sunday.

c)    The premises to be open to the public from 7am until 10pm Monday to Sunday.

2)      That conditions detailed on pages 196 - 199 of the agenda shall be applied to the licence subject to the following amended condition to replace Licensing Authority condition 1 detailed on page 199.

·       The premises licence holder will ensure that all local deliveries that include alcohol shall be by non-motorised vehicles.  The premises licence holder shall use best endeavours to ensure that all other deliveries that include alcohol shall be by non-motorised vehicles.

REASONS FOR DECISION

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 Holloway and Finsbury Park 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.

One local resident objection had been received.  There had been representations made by the responsible authorities but conditions had been agreed.

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

The Sub-Committee heard evidence from the interested party that the only issue of concern was the smell of coffee roasting at the premises. The Sub-Committee noted that the interested party and the applicant were liaising with Environmental Health to address this issue.

The Sub-Committee noted that the applicant had agreed to condition 13 and that would address any nuisance at the premises. The Sub-Committee also noted that the applicant agreed that all local deliveries should be made by non-motorised vehicles.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee was satisfied that the premises would not add to the cumulative impact in the Holloway and Finsbury Park cumulative impact area. The Sub-Committee decided that the proposed operation would fall within the exceptions identified in the licensing policy in that it was not alcohol led and the hours of operation were consistent with framework hours. The Sub-Committee also decided that the premises fell within an exception to the cumulative impact policy for off sales of alcohol in that it was a specialist premises selling alcohol ancillary to the main activity of its business.

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