Agenda item

The licensing officer reported that the applicant had agreed an end time of 11pm in line with licensing policy framework hours. Conditions had been agreed with the noise team and the police and a full set of all conditions were tabled at the meeting which included a proposed amendment by the police to condition 13. Following these conditions being agreed, all representations by the responsible authorities had been withdrawn leaving two objections from interested parties.

The applicant stated that this was an American type candy store selling sweets and drinks and he was aiming for trendy and classy alcohol drinks. He had lived in the area since 2001 and many businesses opened and then closed. He wished to remain in the area and make it a more sociable place.

In response to questions, it was  stated that he would be selling mainly drinks and snacks and advised that there would be no advertising of the alcoholic drinks. Customers would need to ask for alcohol with their Slush drink. They were aware of Challenge 25 concerns.

In summary, it was noted that the business owner had several shops and this replicated other business conditions. He was experienced in the sale of alcohol and staff would be aware of Challenge 25.

RESOLVED

1)      That the application for a new premises licence, in respect of Cally Off Licence, 338 Caledonian road, N1 1BB, be granted to allow:-

a)    Off sales of alcohol from 11.30am until 11pm Monday to Sunday.

b)    The premises to be open to the public from 8am until 11pm Monday to Sunday.

2)      Conditions tabled at the meeting shall be applied to the licence. Condition 13 will read. No spirit miniatures or other bottles below 20cl shall be sold from the premises at any time.

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 Kings Cross 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 also 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.

Two local resident objections had been received but did not attend the meeting. Conditions had been agreed with the Licensing Authority, the police and the noise team and therefore all representations had been withdrawn.

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

The Sub-Committee noted the conditions tabled by the licensing officer which had been agreed with the police and noise team.

The Sub-Committee heard evidence from the applicant that the premises was mainly an American candy store. As a Caledonian Road resident he wanted to open a premises that would remain in operation long term and bring back sociable activity to the area. When questioned by the Sub-Committee as to what would be sold he stated that the premises would stock barrels of Slush that customers could mix with alcohol if they wished. He confirmed there would be no alcohol inside the Slush. When questioned about Challenge 25 he confirmed that he operated seven shops and was accustomed to operating Challenge 25.

The Sub-Committee considered the conditions that had been tabled and noted that they agreed with the conditions as attached to the decision notice. The Sub-Committee looked at condition 13 as proposed by the police and considered that there should be no spirit miniatures or other bottles below 20cl sold from the premises.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote 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 proposed use, with the conditions agreed, meant 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.