Agenda item

Report of the Executive Director Supporting Communities

Application for a new premises licence under section 17 of the Licensing Act 2003

Consideration was given to a report of the Executive Director Supporting Communities that was summarised by the Licensing Officer.

Mr Rob Edge of Licensing Leader Ltd, the agent representing the applicant Mr Giuseppe Miggiano informed the Panel that the Sunday hours for the sale of alcohol had been reduced to 22:30 to bring them within framework hours.

Ms Henrietta Oxlade an Interested Party (not attending the meeting) opposing the application, was represented by Mr Ben Colenutt of Jamieson Alexander Legal. Mr Colenutt was present and attending with George Chambi.

Mr Colenutt made the following points about the application:

·       The closing times of 23:30 during the week and 3am closing on New Year’s Eve to New Year’s Day that had been applied for were very late hours

·       That there were only 6 tables and that the premises was effectively a bar, with limited space between tables that could lead to anti-social behaviour

·       The applicant had a bar/restaurant premises a few doors away and this application was described as a delicatessen but would also be a bar 

·       The CCTV cameras for these premises were directed at residential properties and had caused problems in the past. Could  it be conditioned that the cameras should not point at the residential properties?

·       Could the Panel also reduce the on sales of alcohol to 8pm Monday to Sunday and refuse the off sales of alcohol on all days? 

Bruce Saunders, an Interested Party supporting the application summarised his written representation with the following points:

·       There had been many fast-food premises in the area and it had been transformative to have these premises available in the past eighteen months

·       Casa Tua had provided local residents with a welcoming shining contrast to fast food with a delicatessen

·       The premises was opposite a new pub and located in an area that was  already busy with traffic and noise   

·       The premises were well run with responsible owners   

The applicant Mr Giuseppe Miggiano was in attendance and was represented by Mr Edge of Licensing Leader Ltd, who provide the following summary of the application:

·       The applicant had tried to mediate with the Interested Parties opposing the application but they had been unable to come to an agreement on matters

·       The applicant already owned a restaurant close to the premises, that had opened in 2013 and was popular with local residents. He also  owned another restaurant called Casa Tua in Kings Cross, that had opened in 2015

·       The applicant had moved to London fifteen years ago, was passionate about hospitality and had made a significant investment of £150k in the refurbishment of this premises to ensure that it was special and successful

·       The premises had the support of local residents’ groups and was well known for its décor and fine wine 

·       The refurbishment had transformed the premises and the applicant hoped to open more premises in the future with job opportunities for local people

·       The application had been taken very seriously and the business model included authentic Italian artisanal produce from Puglia and fine wine from the region. It was a place for families and local people

·       The premises had a strong operating schedule. There were measures in place to help noise reduction, Challenge 25, a Refusal Log, a Designated Premises Supervisor, trained staff/managers and signage directing customers to be mindful of residents

·       The applicant had been willing to receive advice from the Responsible Authorities

·       The operation of  CCTV at the premises would comply with GDPR,  only footage to support the licensing objectives would be recorded and would not invade the privacy of any residential premises nearby. Recording at the premises  would not go beyond the curtilage of the premises

The Interested Parties opposing and supporting the application summed up their submissions. 

Decision and Reasons

In deliberation,  the Panel considered the written representations and what they had heard from those at the meeting. They were mindful that none of the Responsible Authorities had made representations and that the applicant had amended the hours for the sale of alcohol to bring them within framework hours.  

The Panel discussed having a condition about the area to be covered by the CCTV to address concerns. It was noted that condition 11 addressed concerns about litter at the premises. The Panel also agreed that they would amend the start time for the sale of alcohol on Sunday to Noon. 

On this basis, the Panel agreed that granting the application with the conditions below would uphold the licensing objective of the Prevention of Public Nuisance.

RESOLVED

THAT the application, as amended, for a new premises licence be granted as follows:

a)       Supply of Alcohol (For consumption on and off the premises)

11:00 to 23:00 Monday to Saturday

12:00 to 22:30 Sunday

b)       Opening hours

08:30 – 23:30 Monday to Sunday

c)       Seasonal Variations

Licensable activities to be extended from the end of Permitted hours on New Year’s Eve to 03:00 on New Year’s Day

d)       THAT the applicant should liaise with the Metropolitan Police to ensure that CCTV operations were in compliance with the relevant regulations and that coverage should only extend to the curtilage of the premises.      

Summary of conditions consistent with the operating schedule

 1 ,      CCTV will be installed, operated, and fully maintained at all times; images will be retained for at least 31 days and be produced at the request on any Responsible Authority. The CCTV will be operational at all times whilst the premises are open and trading. CCTV warning notices will be displayed in public areas of the premises advising that CCTV is in operation, in accordance with GDPR.

2.       A refusals log will be maintained at all times this will be checked and signed by the DPS at the end of each week , this log will be available for inspection by any Responsible request.

3.       Staff training in the Licensing Act 2003 will take place for all members of staff prior to the premises opening, and all records will be retained at the premises; and made available for inspection at any time.

4.       The Premises licence holder or DPS will carry out pre-opening checks of the delicatessen, to ensure that there are no risks to patrons and that all safety precautions are in place.

5.       The Premises Licence holder will ensure that all staff receive appropriate staff training, and the training records remain on site for a period of three months.

6.       The licence holder will ensure that staff are aware of their social and legal responsibilities regarding the sale of alcohol.

7.       All safety certificates and inspection reports will be kept on site and made available to officers of relevant statutory bodies.

8.       The Premises will comply with all food safety regulations. The staff involved with food preparation will be fully trained and their certificates displayed accordingly

9.       The Premises Licence Holder will ensure that the disturbance caused to the general public is kept to a minimum, signage will be placed in a prominent place asking customers to respect our neighbours.

10.     All doors and windows will remain closed when recorded music is played, other than for access and egress.

11.     Staff will ensure that the frontage of the restaurant is inspected regularly for litter and rubbish, clearing any debris away. No rubbish, including bottles, shall be moved or placed in outside areas between the hours of 2200hours and 0800 hours.

12.     A Challenge 25 policy is in place and only recognised forms of ID will be accepted (PASS accredited ID, passport or photo driving licence ) Children will only be allowed to remain in the premises when accompanied by an adult, and then only until 2200 hrs- unless it is a private function. A till prompt (electronic or visual) will be used for all alcohol sales.

To Note: All

Action By: Executive Director Supporting Communities