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Agenda item

216 St Pauls Road, N1 2LL - New premises licence

Minutes:

The licensing officer reported that, should be application be granted, the applicant would need to amend their planning consent hours. He reported that there had been noise complaints, and these had been in relation to construction work. Once notified of the complaint, work had stopped immediately.  Letters to the residents about the application had been sent, but no response had been received.

 

The applicant’s representative stated that this application would not undermine the licensing objectives.  This was an off licence and a small store that would sell organic goods and alcohol. The application sat within framework hours outlined in Licensing Policy 6. There was no intention to do any deliveries and he was happy to agree to an additional condition regarding this. The applicant had four years’ experience. The sale of alcohol was ancillary to the sale of organic goods. Floor space would not take up any more than that detailed on the plan submitted. The applicant was aware that a subsequent planning application would need to be submitted if the licence application was granted.

 

In response to questions, it was noted that the premises was not immediately next to the underground station. The Responsible Authorities had not considered it necessary to make suggestions around match day conditions. The applicant was looking to sell miniatures, but this would not be a primary concern. He agreed to a condition that no spirit should be sold less than 100ml. Most sales would come from organic food/alcohol. Much of the alcohol would be kept behind the till out of the reach of customers.

 

RESOLVED

1)      That the application for a new premises licence, in respect of 216 St Pauls Road, N1 2LL, be granted to allow:-

 

a)      The sale of alcohol off the premises only on Monday to Sunday from 8:00 am – 11:00 pm

b)      Opening hours to be 6:00 am to 11pm on Monday to Sunday.

 

2)      That conditions outlined on pages 67 to 68 of the agenda shall be applied to the licence, together with the mandatory conditions and the following additional conditions:-

·       The premises will not sell/supply miniature bottles of spirits of 50ml or less

·       There shall be no customer deliveries of alcohol.

·       The following conditions relate to events and football matches at Emirates stadium where attendance is expected to exceed 10,000 persons:-

 

a)    No more than four cans or plastic bottles of beer, lager, or cider to be sold to an individual.

 

b) The premises will cease all sales of alcohol if requested to do so by a police officer.

 

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.

 

Two local resident objections had been received.  The police withdrew their representation following agreement of conditions. No other representations had been made by the responsible authorities.

 

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

 

The Sub-Committee noted that noise complaints had been made in respect of construction works.

 

The Sub-Committee heard evidence from the applicant that this was a small off licence, which would sell organic food and beers. Alcohol would be sold ancillary to organic goods. Alcohol would be stored mainly behind the till and out of reach of customers. The applicant’s representative agreed to some matchday conditions and stated that he would be happy if it was agreed that no spirit would be sold under 100ml.

 

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 had withdrawn its representation, having agreed conditions with the applicant.

 

The Sub-Committee was satisfied that the conditions offered by the applicant, not to make deliveries of alcohol or to sell spirits in small containers, demonstrated that the applicant was committed to the promotion of the licensing objectives. However, the Sub-Committee felt that the appropriate limit on the size of the container for spirits should be 50ml.

 

The Sub-Committee concluded that the granting of the licence with the agreed 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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