Agenda item

The Licensing Officer did not have any updates regarding this item.

The Licensing Authority did not have anything further to add to the representation made in the papers.  She asked that the Sub-Committee satisfy themselves regarding the application made for a 6am start time in this high-risk area and close to a drug dependency unit.

The applicants’ representative stated that there over 650 service stations in their remit and most of those sold alcohol for the same hours as their opening hours. This was a premises where alcohol required shutting off from 6am until 8am as the store opened at 6am with a start time of 8am for alcohol sales. The police had been consulted, additional conditions had been agreed with them and they were therefore satisfied. The interested parties had seemed to believe that a 24-hour licence had been applied for and he asked that the Sub-Committee consider less weight be given to these as this was a misunderstanding.  It was unlikely that Arsenal supporters would choose to buy from the premises at 6am and street drinking had not been experienced in this store. There was no evidence that street drinkers would migrate to this premises if a 6am licence was granted. He stated that the premises was opposite a fire and police station and there needed to be a balance between businesses and residents. There was a small off licence section in the premises. The sale of less than one product an hour would not change the cumulative impact on the area. There had been no representations from the police, noise team or the environmental health team and no evidence to support an increase in the cumulative impact.

In response to questions, it was stated that if the licence was agreed there would no longer need to be the management task of shuttering off the alcohol. There were also some sales that currently needed to be refused.  From the current figures there was not expected to be a huge increase in sales. There were currently two personal licence holders who worked on shifts. There was no requirement to demonstrate a need for an alcohol licence and this licence would allow trading hours to match licensing hours which could be considered as in the case of the vast majority of their other stores. The Home Office guidance stated that this could be considered by Licensing Committees. There were no plans to increase the floorspace. The licence was already robustly conditioned and granting this licence would allow for an additional two conditions which would apply for the rest of the day. There were limited sales of alcohol in the morning and they expected that if sales increased to street drinkers, and the Licensing Authority considered it to be a problem, it would be expected that the retailer would stop sales and the licence reviewed. The theft of alcohol on the premises was low and there was no evidence to suggest that the licence would add to the cumulative impact. They were not expecting sales at 6am to be a major feature of the business.

In summary, the applicants’ representative stated that this was not a major off licence contributor. The nature of their trade would not change and they were conscious of their responsibilities and would support the licensing objectives. The company had not had any licence reviews. They would suspend alcohol sales and work with the licensing team if there were issues and considered they were unlikely to be back under review.

RESOLVED

(1)   That the application for a new premises licence, in respect of Hornsey Road Service Station, 213-217 Hornsey Road, N7 6RA to allow the sale of alcohol, off the premises, Mondays to Sundays, from 6am to 11pmbe granted.

(2)   That conditions detailed on pages 35 and 36 of the agenda be applied to the licence.

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 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.

Three local resident objections had been received but no residents attended. There was one representation made by the Licensing Authority. There were no other representations made by the other responsible authorities.

The Sub-Committee noted that the residents referred to problems of street drinking and anti-social behaviour but their main objection appeared to be that they did not want the garage operating on a 24 hour basis.  This seemed to be a misunderstanding by the residents as the garage already was open 24 hours.

The Sub-Committee heard evidence that street drinkers did not visit the shop.  The Sub-Committee was concerned about the proximity of a drug and alcohol treatment centre but noted that there were no representations from public health or the police.  The hours requested were two hours before framework hours. The manager gave evidence that spirits and miniatures were behind the till.  Two additional conditions were offered concerning sales of single cans of beer, lager and cider and sales of beer, lager and cider with an abv of over 6%. It was a small shop and would be managed by two personal licence holders over the entire period it was open. They would have clear view of anything happening in the shop. His representative emphasised that there were minimal sales of alcohol between 8 and 10 am and the manager did not expect to increase his sales of alcohol significantly. The manager stated that the reason for applying for the variation was the raising of the shutters later in the day and the need to encourage trade in sundry products as much as possible. He wanted to extend the licensing hours to his trading hours. This application appeared to fall within the possible exceptions to the cumulative impact policy for off sales of alcohol.

The Sub-Committee concluded that there was no evidence that there would be any negative cumulative impact on any of the licensing objectives.

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