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Agenda item

The Junction Cafe, 95 Junction Road, N19 5QX - New premises licence

Minutes:

The licensing officer tabled a revised representation from the licensing authority to replace page 93 of the agenda which would be interleaved with the agenda papers. It was advised that proposed conditions 14 and 18 be deleted as these were covered by condition 13.

 

The local resident was concerned about the noise and disturbance and crime and disorder.  She raised concerns about the cumulative impact of customers eating and drinking outside.  There were at least 50 flats that faced the rear of the café into the horseshoe shape.  She was already able to hear the noise from another pub which held less than 20 customers outside and the noise was unbearable in the summer.  She asked how the noise would be limited to 9pm.  She stated that the applicant was not observing the building regulations and so she was not confident that they would be able to observe these any conditions imposed if the licence was granted. She asked that the application be refused as there were already high noise levels in the surrounding area and the noise would be unbearable at the weekends, particularly in the summer months.

 

The applicant’s representative stated that this was an established café in current ownership since 2010.  It was in the Junction cumulative impact area.  Concerns in the policy for this area were mainly regarding off licences and street drinking.  With the conditions proposed, street drinking and off sales would not be possible. The hours proposed fitted well within the licensing policy hours.  This was an established café with very different clientele from a public house with hours until midnight and 1am.  It was noted that Sainsbury’s had an application refused in the area but it was stated that concerns were regarding off sales which did not relate to this application.  The resident had mentioned a local event, however TENs were dealt with under separate regulations.  He was not aware that building work hours had been exceeded but would look into this if it was a problem.

 

In response to questions it was noted that the applicant had been unable to attend the meeting. The use of the outside area was to cease at 9pm which would be a benefit to residents.  Alcohol would be ancillary to meals. Numbers outside were restricted to 20.  This number could be enforced by notices and staff would be briefed to prevent customers from standing outside. 

 

In summary the local resident stated that she was not sure why the granting of this licence would be of benefit to neighbours.  She had concerns about all day events.  Flats were overlooking and noise travelled.  The grant would add alcohol to a cumulative impact area. There would be 35 people outside.  She had not been advised of the temporary event notice.  She would not wish to police the premises. 

 

The licensing officer advised that residents did not need to be advised of a temporary event notice.  These were agreed by the police and the noise officers would object if there was a history of noise problems.

 

The applicant’s representative stated that the TEN had its own process where the police or noise team could object if they considered necessary. He felt conditions and restrictions on numbers would be favourable to residents.  The hours fell within licensing policy 8. 

 

In response to questions it was noted that the applicant was also the designated premises supervisor.  The licensing authority stated that engagement had been made through the agent.  

 

RESOLVED

That the application for a new premises licence in respect of The Junction Café, 95 Junction Road, N19 5QX be refused.

 

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 1 and 2.  The premises fall under the Archway cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

 

The Sub-Committee noted that the applicant was not present although he was represented. The local resident stated that there were at least 50 flats that overlooked the rear garden and there was a concern that if customers were served alcohol with their meals, increased noise levels would result.  Noise levels were already high, particularly in the summer months.

 

The Sub-Committee considered Licensing Policy 18 to protect the amenity of residents and licensing policy 20 regarding smoking, eating and drinking outside.

 

The Sub-Committee noted that the applicant had agreed conditions proposed by all the responsible authorities who had made representations and the hours were within the core hours detailed in licensing policy 8 however, the Sub-Committee took the view that granting this licence would not promote the licensing objective, the prevention of public nuisance.

 

The Sub-Committee concluded that the applicant had failed to rebut the presumption that the application if granted, would not add to the cumulative impact area.  The applicant did not show any exceptional circumstances as to why the Sub-Committee should grant the application.

 

Supporting documents: