Agenda item

The Licensing Officer was asked to provide updates to the Committee. In response the Licensing Officer stated that aside from the additional information that had been circulated, everything was as submitted in the agenda papers.

The Licensing Authority and the Police were present as the Responsible Authorities for this application to give their verbal representation to members.

The Licensing Authority stated that the application sought to remove conditions that had been imposed at the previous committee on 31^st October 2023, specifically that in relation to selling higher strength beers and miniatures, and the times for delivery, and that while there had not been any reports of noise or nuisance concerning the premises, this was probably due to the robust conditions in place on this licence. The Licensing Authority told the committee that it was their view that the conditions should stay as they were.

The Police stated that for the original licence application, the mitigation of reduced strength alcohol was offered, in which nothing above 20cl bottles would be sold. The Police were willing to allow up to 50cl. The Police told the committee that very small bottles were often purchased by street drinkers and disposed of in nearby parks and that a lot of work had taken place between the Police and ASB team to reduce anti-social behaviour in the Elthorne Park area. The Police stated that they were concerned that there didn’t appear to be mitigation for the additional condition sought and were against the loosening of conditions.

There were no interested parties and therefore the Chair moved to ask the applicant to summarise their case. The applicant stated that they were seeking a level playing field with other premises in the vicinity, which were not subject to the same conditions. The applicant accepted the concerns of the responsible authorities about proliferating the local area with alcoholic products, but that unfair competition was harming the viability of the business, which was only just breaking even.

The applicant told the committee that they had experience running similar establishments for over two decades, in Haringey, Waterloo and abroad, that it was their intention to only sell quality alcoholic products, and that it was not their intention to attract street drinkers.

Members asked the applicant whether they were aware of the other businesses when they acquired the premises and why they accepted the terms of the conditions in October 2023.  In response, the applicant stated that they were seeking to establish their business and what customers wanted, and that in the time they had been operating there had been much competition.

Members of the Committee asked the applicant what the demand for miniatures had been in terms of customer enquiries. In response, the applicant stated that it was not many. 

In response to members’ interpretation of the application that the applicant was seeking the removal of the designated person with knowledge of the licensing regulations, the applicant stated that they were seeking the removal of conditions relating to strength of beers, lagers and ciders, the spirits and miniatures, but stated that they understood there was concern about the supply of cheap ciders in that area. The applicant stated that while their intent was to compete with other businesses, they were not seeking the later hours that some of their competitors operated to.

The applicant was asked as to why they didn’t apply for a variation to which the applicant responded that there was not much difference between the process and the outcome would be effectively the same.

The applicant noted that since the granting of the original application their research had shown there were five other premises in the vicinity that were not bound by those conditions which suggested it wasn’t proportionate to the licensing objectives.

In summary the Licensing Authority stated that the premises at 431-443 Hornsey Road does stock high strength cider, which was the most recently conditioned premises. The Licensing Authority also further summarised that they would always promote conditions that reduced the strength of alcohol and had adopted measures in 2013 to address this problem, and that the first areas this was rolled out to, was the Elthorne and Tollington localities. The Licensing Authority further stated that most of the premises in the Hornsey Rise area agreed to sign up to the policy and there had been an estimated 65% take up of the scheme since its introduction.

In summary, the Police stated that they agreed with the Licensing Authority’s representation and that they fully supported the reducing alcohol strength scheme, and that it had been a positive scheme since its introduction.

The applicant told the committee in their summary that they didn’t want to contribute negatively to the area and that they didn’t want to stock cheap, white cider, and that the condition sought to tackle, only certain items of craft alcohol.

RESOLVED:

1)    That the Sub-Committee has decided to grant the application for a new premises licence in respect of Fairbridge Mini Market, 163 Fairbridge Road, London, N19 3HS, to allow:

a.    the Sale of alcohol off the premises, Mondays to Sundays, from 08:00 to 23:00

b.    Premises opening hours, Mondays to Sundays, from 08:00 to 23:00

2)    Conditions on the premises licence granted on the 31^st October 2023 shall be applied to this 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 premises do not fall within a specific designated cumulative impact area . However Licensing Policy 4 is applicable. 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.

The application was for an identical licence to that granted by the LSC on 31^st October 2023 for the same premises with the exception that the applicant wanted certain conditions in relation to the permitted strength of alcohol to be sold at the premises to be removed from the new licence. The LSC noted that these conditions had been agreed to by the applicant in October 2023.

The Licensing Authority and the Police made written and oral submissions. No representations were made by the public. The LSC considered the written and oral submissions made by the responsible authorities referred to and the applicant and his representative.

The LSC was not satisfied that granting the new licence ( in effect varying the licence granted in October 20230 to permit the sale of stronger alcohol was a reasonable request and in addition would not promote the licensing objectives.

The LSC concluded that the granting of the new licence with the same conditions as those attached to the licence granted on 31/10/23 was reasonable and proportionate to promote the licensing objectives.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives.