Agenda item

The licensing officer reported that the applicant had amended the application to bring the hours in line with those granted by planning permission.

In response to questions from the Sub-Committee, the licensing authority reported that this area was not the busiest end of Caledonian Road and that she did not believe that there were any problems in this part of Caledonian Road.

The applicant stated that he had run similar businesses for 16 years.  He stated that he only wanted the licence for half an hour.  There were other takeaways in the area that were open until 2am and the cumulative impact should apply to all businesses.  He needed half hour to allow his business to be more successful.

In response to questions regarding noise and disruption, it was noted that he had signs in place, had CCTV and his staff were experienced and well trained.  There was enough room outside to park motorbikes.  It was noted that most of his business was delivery rather than customer collection. The additional half an hour would cover expenses as it was an expensive area to set up a business.  The premises had been closed for many years and he had been there for eighteen months.  There had been no issues or complaints from neighbours in the past six months.

RESOLVED

1)       That the application for a new premises licence, in respect of Four Seasons Express, 239 Caledonian Road, N1 1ED, be granted to allow:-

a)     Late night refreshment from 23:00 until 23:30 hours, Monday to Sunday.

b)     Opening hours to be:- 11:00 hours until 23:30 hours, Monday to Sunday.

2)       That conditions outlined in appendix 3 and detailed on page 59 of the agenda be applied to the 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 Sub-Committee took into consideration Licensing Policy 2.  The premises fall under the Kings Cross 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.

There were three resident objectors. There had been no representations made by the responsible authorities.

The Sub-Committee noted that the applicant had amended his application and was now only seeking a late night refreshment licence for half an hour each night of the week, in line with his planning consent.

The Sub-Committee heard evidence from the applicant that his business relied on his delivery service rather than customer collection. The Sub-Committee heard evidence that, in relation to the prevention of noise nuisance, there were signs on the premises, CCTV cameras and that the staff were all well trained and experienced.

The Sub-Committee noted that in the period that the applicant had been at the premises he had not received complaints from neighbours.  The Sub-Committee noted the licensing authority’s evidence that this premises was at the north end of Caledonian Road and that the busier area was the south area at Kings Cross.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 8.  The Sub-Committee also considered licensing policies 9 and 10 regarding standards of management.

The Sub-Committee concluded that the granting of the licence with the conditions attached would promote the licensing objectives.  The Sub-Committee noted that there were no representations from any of the responsible authorities and particularly noted that the noise team was not concerned about any issues at the premises and concluded that a delivery based business with a licence for only half an hour would not add to the cumulative impact in the area.