Agenda item

The Chair of the Sub-Committee opened by asking the licensing officer for any additional information that had become available since the publication of the agenda. In response, the Licensing Officer informed the Sub-Committee that there was one resident representation querying the agreement of restaurant conditions. The applicant was aware that this was raised as a concern.

When asked by the Sub-Committee to outline their case, the applicant told members that they were new to the area and that their business was focused on serving hot meals. The sale of alcohol will help the business and help to cover expenses with food and energy bills. Currently, the business sells meals, soft drinks, and snacks. The applicant stated that they tried to contact the neighbour but received no response. They wanted to have a good relationship with the neighbour and do whatever they could do to help her.. The applicant stated they agreed to the conditions and were trying to survive as a business.

In response to questions from the Sub-Committee concerning a pavement licence, and patrons drinking alcohol outside, the applicant responded that alcohol would always only be served with food and that it would always be table service. The applicant was agreeable to a minimum spend but wouldn’t be sure of what value to set.

It was noted that the premises was previously a café, and the applicant stated that they provided food such as lasagne. The applicant stated that they could adjust pavement seating. Most of the time the business closed early, usually between 9 and 10pm. The additional hours requested for the licence would only be to cover spikes in demand where the business could open for later. The applicant stated that they had few complaints previously.

RESOLVED

1) That the application for a new premises licence, in respect of Triple 777, 143 Holloway Road, London, N7 8LX, be granted to allow:-

The sale by retail of alcohol, on and off supplies, Mondays to Sundays from 10am to 10pm

2) That conditions outlined in appendix 3 and detailed on page 193 to 196 of the agenda be applied to the licence, with the amendment to Condition 17 as follows: Regarding all off sales: alcohol is only to be sold for consumption off the premises where it is purchased as an ancillary to food with a minimum spend of £7 on food

An additional condition shall also apply whereby the tables and chairs on the pavements do not obstruct the entrances and exits to neighbouring properties.

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 Road 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. Under Licensing Policy 3.53, the Licensing Authority is committed to working with potential applicants to maintain a well-managed evening economy, meeting resident and business needs whilst minimising any adverse impacts in terms of crime, disorder, nuisance, and anti-social behaviour.

One local resident objection had been received, but the resident did not attend. Conditions had been agreed with the Police and Noise team.  There were no representations from responsible authorities.

The Sub-Committee heard evidence that the coffee shop had been open for four months without any complaints being made to the business. The resident complained about deposit of rubbish outside their flats, but this related to a previous business. Food would be provided with alcohol; salads, pies, scallops and noodles and lasagne would be heated in the microwave.

The applicant accepted that from the photographs shown, a chair or table was apparently obstructing the door to the flats and agreed to a condition preventing obstruction.

The application appeared to have a comprehensive operating schedule and was not alcohol-led. With the conditions, slightly reduced hours, given the nature of the business it seemed that there would be no negative cumulative impact on any of the licensing objectives.

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 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.

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