Agenda item

The licensing officer reported that three additional conditions had been submitted by the applicant and one representation had been withdrawn as a result.

The representative of a local resident spoke against the application.  He stated that he objected to an alcohol and music licence.  The extractor fan and the seating outside did not have planning permission.  He objected on the grounds of public nuisance and crime and disorder. There were already two local establishments that sold alcohol in a small stretch of road that was already saturated and was in a cumulative impact area.  He stated that alcohol should not be sold off the premises.  Chairs and tables outside would cause a nuisance to residents.  He asked that the application be refused but if it was granted there be five additional conditions to include the removal of the external seating area, the installation of a smoke shelter, there be no happy hour promotions, there should be no bottling up between 21:00 and 09:00 hours and proposed condition 7 should have a specific noise limit.

The Chair informed the meeting that the premises were not in a cumulative impact area. It was noted that the premises had planning consent to operate under use Class A1 and the planning service were satisfied that this application fell under A1 use.

The applicant Sally Stall, stated that a music licence was not required as music would be background level only.  The licence was not a late licence and was to run until 10 pm on Friday and Saturday. Permission had been sought for the outside seating.  She had agreed to remove one side of seating following discussion with residents.  The owners of the premises did not wish A3 use and she was therefore only working within A1 guidelines. There would be no commercial extraction and no smell escape as a result.  This would be a café with 20 – 30 patrons who would not be drinking heavily.  Following the addition of a further three proposed conditions, one of the local residents withdrew their representation.

In response to questions it was noted that off sales would be sold in closed containers.  Craft beer would be sold which was not sold in pints or cans.  Drinks would be purchased alongside food and there was no bar for standing in the premises. The applicant agreed to a condition revising the bottling out times from 21:00 hours to 09:00. Staff would be looking outside the premises to ensure that customers were not placing bikes on the railings.  There were no plans for a happy hour and there was expected to be usually 6 people outside and at the most 10 people.  The applicant advised that she was happy to accept a condition about a smoking canopy but was concerned about the cost.

In summary and in response to questions from the local resident, the applicant stated that the pipes for the extractor would be internal.  The applicant had agreed to take away the seating form one side as the neighbours had single glazing and were woken up by people talking at the railings.  The resident considered there was potential for escalation.

RESOLVED

a) That the new premises licence in respect of Nanna’s, 274b St Pauls Road, N1 2LJ be granted to permit the premises to sell alcohol for consumption on and off the premises: 10:00 to 21:00 Monday to Thursday, 12:00 to 22:00 on Saturday and from 08:00 to 21:00 on Sunday.

b) That conditions as outlined in appendix 3 as detailed on page 35 of the agenda, with the following additional conditions, as tabled at the meeting and the following amendments.

·        There shall be no outside seating on the east side of the premises frontage.

·        The licence holder shall regularly sweep up outside the premises and shall ensure that the frontage and the immediately surrounding areas are completely swept clean at the end of every day.

·        The licence holder shall remind customers by signage not to place any bicycle on residential railings.  Any customer placing bicycles on residential railings shall not be served at the premises until the bicycle has been relocated.

·        Condition 20 to read.  There shall be no bottling out between the hours of 21:00 and 09:00.

·        Additional condition.  There shall be no reduced price drinks promotions

·        Additional condition.  The premises shall operate a Challenge 25 policy.

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 noted that the proposed hours for the sale of alcohol were within the core hours set out in licensing policy 8. The Sub-Committee noted that the applicant had proposed additional conditions after considering the representations from residents including removal of outside seating on the east side of the premises frontage.  The Sub-Committee also noted that one of the resident representations had been withdrawn and only two representations remained.

During the hearing the applicant accepted further conditions proposed by the interested party in respect of bottling out and restriction on drinks promotions. In accordance with licensing policy 9 the Sub-Committee were satisfied that the applicant’s operating schedule would deliver the highest standards of management and with the conditions in place the licensing objectives would be promoted.

The Sub-Committee considered the proposal from the interested party for a smoking shelter to be put in place but the Sub-Committee decided that this was disproportionate and would not be necessary to promote the licensing objectives.