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Agenda item

Flora Cafe, 71 Newington Green Road, N1 1QU - New premises licence

Minutes:

The licensing officer advised that on sales would stop at 10.30pm and off sales would be with food deliveries.

 

A local resident stated that he was pleased that concerns about vertical drinking had been noted and there was a proposed condition relating to this. He raised concerns about discarded cans and bottles and the potential noise levels.  He stated that the consumption of alcohol was linked to poor behaviour and crime and wished for premises to be made enjoyable for everyone. He also asked where off sales would be consumed and hoped for good communication with the applicant.

 

The applicant stated that this was a café and they wished to improve the business to extend hours for dinner in the evening.  There would not be a lot of alcohol sold but hoped to sell a bottle of wine or beer with a meal. This was not a bar.  There were eight tables and they wanted customers to socialise with friends. Noise levels would not be high. It was likely that hours would be until 10pm. He did not understand why he had received objections when there were other similar businesses in the location.

 

In response to questions, the applicant stated that there was an intention to serve food with alcohol where possible. Off sales would be with food deliveries only.  They would be using delivery platforms and would hope to use non-motorised vehicles where possible but was not sure that this could be guaranteed. They had concerns about letting delivery drivers use their toilets due to hygiene reasons and concerns that they often kept helmets on. The applicant intended to move from serving breakfast at 7am to serving a later brunch, lunch and dinner. They considered that there would be a maximum of four smokers outside and signs would be erected to advise of this. There would be a maximum of 24 customers and approximately 5 staff on the premises.

 

RESOLVED

1)      That the application for a new premises licence, in respect of Flora Café, 71 Newington Green Road, N1 1QU, be granted to allow the following licensable activities during the following hours:-

 

a)         The on-sale supply of alcohol from 11:00 am to 10:30 pm Monday to Sunday.

b)         The off-sale supply of alcohol from 11:00 am to 11:00 pm on Monday to Sunday.

c)          Opening hours to be from 7:00 am to 11:00 pm Monday to Sunday.

 

2)      That conditions detailed on pages 40 to 41 of the agenda (Appendix 3) shall be applied to the licence, together with the mandatory conditions and the following imposed additional conditions:-

·       The sale of alcohol off the premises shall be with food deliveries only.

·       Non-internal combustion engine delivery vehicles shall be used where possible.

·       There shall be a maximum of four smokers outside at any one time and there shall be signage displayed on the premises to indicate this.

·       A management contact phone number shall be displayed on the outside of the premises for residents in case of disturbance.

 

Note of the Sub-Committee

 

The Sub-Committee would welcome the applicant to make available the toilet facilities for delivery driver use in line with restaurant management policy for the premises.

 

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 considered the Licensing Act 2003, as amended, and its regulations, the Home Office revised guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy.

 

Ten local resident objections had been received and petitions against the application and in support.  Representations from the noise and the police were withdrawn following conditions being agreed by the applicant. 

 

The Sub-Committee noted that the hours sought were within the hours specified in Licensing Policy 6.

 

The Sub-Committee heard evidence from a local resident who stated that he was pleased to see that there would be no vertical drinking in the premises and welcomed open communication. However, he had concerns about the link between poor behaviour and alcohol consumption and the possible noise levels from the premises, which could disrupt resident’s sleep The resident stated that it was important that residents could approach someone at the business if there were problems.

 

The Sub-Committee heard from the applicant that this was a café which they wished to turn into a restaurant and would serve a brunch, lunch and evening meal. This would not be a bar.  Alcohol was to be served with a meal, with some exceptions, and patrons would socialise with friends. All customers would be encouraged to buy food and would be offered the food menu on arrival when sitting at a table. Certainly, the intention was to only serve alcohol ancillary to a meal. There were 8 tables inside. There was space for four smokers outside and they did not expect there to be more than this. A sign would be displayed to instruct customers of this restriction.

 

The applicant would be using third party companies such as ‘Just Eats’ and ‘Deliveroo’ for food deliveries. The applicant had concerns about Delivery riders walking in with their helmets on and using the toilets. Off sales would only be with food. They were happy to use non-motorised or electric vehicles where this was possible.The Sub-Committee stated that such applications are encouraged. Licensing Policy 25 says, “The Licensing Authority recognises that deliveries from the licensed premises can sometimes be outside the control of the premises licence holder but usually expects the appointment of contractors who can carry out collections and deliveries using non-internal combustion engine vehicles.” The Sub-Committee noted the resident attending the meeting, had been satisfied that the owners of the premises were acting responsibly and did not object to the sale of alcohol.

 

The legal adviser has advised the Sub-Committee of the importance of the case R (on application of Daniel Thwaites plc) v Wirral Magistrates’ Court and Others (2008) EWHC 838 (Admin). This case, referred to as ‘the Thwaites case’, is important because it emphasises the important role that Responsible Authorities have in providing information to decision makers to contextualise the issue before them. The case recognises that Responsible Authorities are experts in their fields, and that weight should be attached to their representations. It is most relevant when opposing grant applications. In this case it was noted that the Police and Noise team had withdrawn their representations, having agreed conditions with applicant.

The Sub-Committee had regard to Licensing Policy 5 in the Statement of Licensing Policy and concluded it was not appropriate to seek to restrict hours applied for.  The applicant had satisfied the Sub-Committee that this application promotes the licensing objectives. The Sub-Committee concluded that the granting of the licence, during the hours applied for, with the proposed and additional 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 granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives.

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