Agenda item

The licensing officer reported that no further information had been circulated.  The applicant had sent a response to the residents, but this was included in the agenda pack. Two residents had written in to say that an interested party present at the meeting was speaking on their behalf. Residents were particularly concerned about the use of the yard at the rear of the premises.

The police had agreed conditions with the applicant and had withdrawn their representation.

The residents stated that there were many outlets selling alcohol in the area and there was a well-established association with the sale of alcohol and anti-social behaviour. There were 18 flats surrounding the premises and there was a concern if the premises changed hands. There was a door leading to the back yard and they were concerned that drinkers who smoked or vaped would stand outside in the back yard and cause a noise nuisance. They raised concerns that some neighbours had not been consulted as the 50-metre area had excluded some houses in error. This had previously been a factory and had been quiet at the weekend. Any noise at the back would reverberate like an echo chamber. Residents were also concerned that the grant of this licence would create a precedent, and the licence could not be taken away once it was given. They would not want a new licence granted that was from 8am to midnight, seven days a week. They would be less concerned with noise outside in North Road as this was a busier road.

In response to questions, it was noted that the previous use was offices and although there was mechanical noise all day it was quite quiet. Residents were not disturbed by The Depot which was opposite as patrons exited into North Road. The licensing officer reported that there were two potential houses that had been cut through by the area circle for consultation. The resident stated that she had been notified but only by luck through speaking to other neighbours.

The applicant stated that there had been some misunderstandings about the business. She had worked in hospitality for 20 years.  She started with this business in April 2020 as an online tea, coffee and wine shop and had opened her first shop in September 2020. She enjoyed making a space that people had enjoyed. This was not a pub, and she did not sell cheap spirits. She hoped to progress people to have careers in hospitality. It was more of a coffee led business, but she also hoped to offer a glass of wine. The hours requested sounded long but she wanted the flexibility to offer evening events with community engagement. Fridays were quiet now and she would generally not open at the weekend but would like the opportunity in case there was a Saturday brunch event for example. There was a red line on the plan around the premises. She did not have access to the back yard and the area did not belong to any tenant. She believed this area to be a loading bay or perhaps for bin storage.  It would not be used for spill out for her customers. She did not consider that there would be any noise to residents from her premises. She required the off sales for hampers. She had been open for two weeks and hoped to create jobs for local people. She had already engaged with the community and donated food to a local school. She had met up to approximately 25 local residents and had offered a meeting with residents. She had satisfied the noise team and the police. She had met with the police. She had agreed to 11 conditions with the police including for CCTV. She had met with the ward councillors. She considered that it would be a happier area as many studios would be set up in the premises including a yoga studio and a barbers.

RESOLVED

1)      That the application for a new premises licence, in respect of Bloom Yard, 4-10 North Road, N7 9EY be granted to allow:-

a)    The sale of alcohol, on and off the premises from 8am to 11pm Monday to Saturday and on Sundays from 10am to 4pm.

b)    Opening hours to be from 8am to midnight Monday to Sunday.

2)      That conditions detailed on pages 94-96 of the agenda be applied to the licence with the following additions:-

·       That there be continued resident engagement particularly around networking events.

·       That a contact telephone number be made available to residents in case of complaints.

·       That staff be trained in handling complaints.

·       That staff training be made regarding the smoking arrangements as they develop.

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 particular consideration Licensing Policy 5 which allows the Licensing Authority to impose further limitations on hours where it is appropriate to promote the licensing objectives.

The Sub-Committee took into particular consideration Licensing Policy 6 which allows the Licensing Authority to give more favourable consideration to applications with the opening and closing times that were within ‘Framework’ hours. The licensing committee in particular took into consideration the policy statement that local issues may indicate that shorter licensing hours are appropriate to promote the licensing objectives.

Five resident objections had been received.  There had been no representations made by the responsible authorities. It was noted that the police withdrew their representations following agreement with the police.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

The Sub-Committee heard evidence that there were already premises locally that sold alcohol and adding another one would not advance the licensing objectives. Further evidence was heard that should the premises change management then the consumption of alcohol may not be as civilised as proposed and would lead to the licensing objectives not being promoted. Further evidence was heard that Noise was a serious problem locally and further that the patrons are likely to use the back of the premises to smoke, vape and thus cause a nuisance to residential property behind the premises.

The Sub-Committee then heard counter evidence from the applicant that the premises was curated for people to be social and was not a place where people go to get drunk. Further, the alcohol offered would be premium and thus discourage binge drinking. Further, the front door of the building was the only way in and out for patrons and this was operated by security access. Further, the applicant confirmed that they did not have access to the back of the building. Access to the back was via another secure door and a pass would be required for access. The Applicant re-iterated that they would not allow open alcohol to be taken from their premises which comprised of a small counter that could have around 20 guests around it.

The Sub-Committee was concerned that the Applicant could have used Temporary Event Notices and was satisfied by the explanation why this was not opted for.  Further concern related to the Applicant having 7 other businesses and how this would interact with her responsibilities as the licence holder. The applicant in response assured the Sub-Committee that there are three personal licence holders in the business. Further concern related to the delivery of products being via the back which may cause a nuisance for the neighbours. The Applicant confirmed that products were delivered through the front and that was the only entrance to the whole of the building. The Sub-Committee were further concerned about smoking and vaping around the premises. The Applicant stipulated that such measures would need to be discussed with the landlord but noted that there were ashtrays further down the street.

The Sub-Committee were further concerned with the hours proposed especially on a Sunday. The Applicant reverted that they would consider earlier hours.

The Sub-Committee concluded that the granting of the licence with the agreed 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 the operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not promote the licensing objectives.

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