Agenda item

To consider an application to allow the Provision of Regulated Entertainment, Supply of Alcohol and Provision of Late Night Refreshment at the premises.

The Licensing Officer, Ms Dale Barrett, presented the report on an application for a new premises licence for the provision of regulated entertainment, supply of alcohol and provision of late refreshment at Sandero Restaurant, 434 St Ann’s Road, London N15. Representations had been received from the child protection officer, Metropolitan Police and Noise Team during the consultation and all the conditions proposed by these responsible authorities had been accepted by the applicant. Representation had also been received from Planning, and from local residents expressing concern regarding the effect of noise emanating from the premises on nearby homes and concerns regarding planning issues. The Committee was reminded that planning issues could not be taken into account in their decision, as these did not fall within the remit of the Licensing Act 2003.

Local residents addressed the Committee in objection to the application, as the rear of the premises was an open area and the noise from this area would prevent local residents from opening their windows. Concerns were also expressed regarding the noise and nuisance from additional cars parking in the vicinity of the premises.

In response to questions from the Committee, residents expressed concerns regarding odour from the flue at the premises and refuse collection. It was suggested that conditions on the licence could address the issue regarding ventilation equipment and that refuse collection would be addressed as part of any planning consent. The Licensing Officer advised the Committee that the Planning Inspectorate decision in respect of the premises did not include the rear extension, which was an ongoing matter, and that the Committee could only consider the plans submitted in relation to this application. Any subsequent change to the plans would require a fresh application.

The applicant’s representative addressed the Committee in support of the application. It was reported that the applicant came from a catering background, and that the premises had been opening as a restaurant with no licence to sell alcohol previously. Planning permission for use as a restaurant had been refused, however the Planning Inspectorate had granted permission on appeal, with conditions. The applicant’s representative advised that any concerns raised by local residents could be addressed by means of conditions within the Licensing Act, and that any breach of the conditions could lead a review of the premises licence, along with punishment under other relevant Acts.

The Committee retired to deliberate.

RESOLVED

The Committee carefully considered the application, the representations of all responsible authorities, local residents and the applicant and took into account the Haringey licensing policy and section 182 of the guidance and resolved to grant the application for a new premises licence at Sandero Restaurant, 434 St Ann’s Road. Namely:

The Provision of Regulated Entertainment:

Monday – Sunday:                            1000 – 2300

Provision of Late Night Refreshment:

Monday – Sunday:                            2300 – 2330

Supply of Alcohol:

Monday – Sunday:                            1000 – 2300

Opening Hours:

Monday – Sunday:                            0700 – 2330

Subject to the following conditions:

-          That the premises will be constructed in accordance with the plans submitted.

-          That all of the conditions recommended by the Noise Team be implemented, in particular the condition that all ventilation and extraction systems shall be correctly maintained and regularly serviced to ensure that it is operating efficiently and with minimal disturbance to neighbours arising from odour.

-          That the recommendations of the Child Protection Officer to implement the Challenge 21 scheme be adopted.

-          That the recommendation of the Metropolitan Police at page 161 of the documentation be adopted.

For the avoidance of doubt, the premises licence is to be granted only once the licensing authority has provided written confirmation to the applicant that it is satisfied that all the conditions have been met to their satisfaction The licence is subject to review if the conditions are not met.