Decision Maker: Licensing Sub Committee E

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: November 19, 2024

Purpose:

Content: RESOLVED:   The decision of 19th November 2024   The Licensing Sub-Committee, in considering this decision from the information presented to them within the report at the hearing and having regard to the promotion of the licensing objectives:   ·  The prevention of crime and disorder ·  Public safety ·  Prevention of public nuisance ·  The protection of children from harm   The amended application to vary a premises licence has been partially approved to update the plan of the premises in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report as follows:   1.  The plan annexed to the premises licence of the basement floor has been amended.   2.  The plan annexed to the premises licence of the ground floor has been amended.   3.  Conditions 8, 14, 15 and 16 have been amended and replaced with new and additional conditions set out in Appendix A1 in the agenda.   4.  Extended hours for licensable activities has been partially approved:   Sale of Alcohol Friday to Saturday  11:00-00:00   Late Night Refreshment Friday to Saturday  23:00-00:00   Recorded Music Friday to Saturday  23:00-00:00   Live Music Friday to Saturday  23:00-00:00   The opening hours of the premises   Monday to Thursday    11:00-00:00 Friday to Saturday    11:00-00:30 Sunday  12:00-23:30   Amended conditions:   ·  Conditions 14 and 15 of the existing premises license to be removed from the premises licence.   ·  Amend condition 19 to read as follows:   "Whenever this area is open and providing licensable activity after midnight then at least one SIA security member shall be employed within this area from 22:00 until at least 20 minutes after the premises close".   And the following condition shall be added to the premises licence:   ·  No off sales permitted at the premises. ·  When the premises operate beyond midnight on Fridays and Saturdays there shall be no new entry after midnight. ·  When the premises open beyond midnight patrons shall disperse from the premises via Old Street. ·  After 21:00 All external doors and windows shall be kept closed, except for access and egress, and in cases of emergencies. ·  When operating after midnight on Friday and Saturday the smoking area shall have no more than 6 persons at any one time. ·  A sound limiter shall be installed in the restaurant on the ground floor and it shall be calibrated with the approval of the Environmental Protection Service. ·  The Premises Licence Holder shall liaise with the Environmental Protection Service within 2 months from the issue of this decision to ensure that the recommendations for noise works in the Noise Mitigation Report dated 12th November 2024 are completed in the basement area to the satisfaction of the Council's Environmental Protection Service. ·  The Premises License Holder shall submit a written disposal policy to the Licensing Authority and the Police for approval. The approved dispersal policy shall be implemented at the premises. All staff shall be briefed on this dispersal policy. A copy of the policy shall be kept on the premises and shall be produced to a police officer or other authorised officer upon request.   Reasons for the decision   The application to vary this premises licence has been partially approved to update the layout of the premises and the conditions, as members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined.    The Sub-committee took into consideration that the Metropolitan Police Service (“the Police”) had withdrawn their representations, and agreed conditions with the Premises Licence Holder in advance of the hearing.   The ?Sub-committee took into consideration representations made by the ?Licensing ?Authority on the grounds of ?public nuisance and cumulative impact. This was supported by a cumulative impact study of the area. ?The Sub-committee noted that the ?Licensing ?Authority made no representations about the change of layout.   The Sub-committee took into consideration representations made by the ?legal representative? for the Premises Licence Holder that it was a modest application and they? had agreed conditions with ?Environmental ?Protection Service and the ?Police which mitigated the impact of the ?application.   The ?Sub-committee noted that the premises had ?a number of temporary event notices ?and there had been no problems ?arising that the ?Premises ?Licence ?Holder ?was aware of. The ?Sub-committee noted that the application to vary the premises license would mean that the ?premises would not have to ?use temporary ?event notices to authorise activity. ?It was noted that there had been no late night event since the 8th of November.   ?The Sub-committee took into consideration that the ?Premises ?Licence ?Holder had ?recently? carried out all the ?recommended? works as set out in the noise report to prevent noise nuisance.   The ?Sub-committee took into consideration the representations from seven ?Other ?Persons ?(local residents?) ?who live above and close to the premises. The ?Sub?-committee took into consideration that young families were affected by the late night noise from ?the premises. The ?Sub-committee took into account that the local residents objected to the extended hours of the premises late at night ?which ?could cause noise ?nuisance and anti-social behaviour from late night events ?such as music from parked ?cars, patrons fighting and being loud? late at night.   The ?Sub-committee took into consideration representations from a local resident ?who suffered from disturbed sleep late at night due to noise ?and loud music coming from the premises. ?The ?Sub-committee took into account that local residents had concerns about the smoking area on Rufus Street, which would affect them ?because their properties ?are situated on Rufus Street. The ?Sub-committee noted ?the local residents felt the proposed application is a substantial change to a restaurant with loud music.   The ?Sub-committee decided to grant a partial approval of the variation application because of concerns about the impact of public nuisance on the local residents if the operating hours were extended. The ?Sub-committee took into consideration the sound limiter in the basement had not been tested and there was no evidence ?to show that the noise from the premises would no longer impact local residents late at night.   The ?Sub-committee felt that there was a need for soft closure 30 minutes before closure of the premises each day? including Fridays and Saturdays ?to ensure that dispersal from the premises is carried out ?without causing a disturbance to local residents. The ?Sub-committee noted that the local residents made representations about problems obtaining enforcement action on three ?separate occasions following noise complaints.   The ?Sub-committee felt there should be no re-entry to the premises after midnight on Fridays and Saturdays. The Sub-committee took into consideration the representations from local residents, and the need to assess how the premises operate to prevent noise nuisance and noise breakout that has caused a disturbance to local residents.   The Sub-committee took into consideration that residents are very close to the premises and impacted by noise. The Sub-committee also took into account that the noise travelled up through the existing building, via the lift shaft, from the ground floor. The Sub-committee felt this needed to be addressed before additional hours were considered.   The Sub-committee also took into consideration that the Licensing Authority maintained their objection due to the evidence of cumulative impact in the area.    Having taken all of the above factors into consideration the Sub-committee was satisfied that by partially granting this variation to the licence to change the layout to the premises and amending the conditions on the premises licence that the licensing objectives would continue to be promoted. However, they felt that they could not grant the extended hours due to the impact on local residents.   Public Informatives   1.  The ?Premises ?Licence ?Holder is advised to consider ?a wind down period of 30 minutes before the premises closes on Sunday to Thursday to prevent public nuisance and to ensure dispersal from the premises.   2.  The ?Premises ?Licence ?Holder ?is advised to continue to work with local residents and ?the Responsible ?Authorities ?to prevent public nuisance and disturbance to local residents who live above ?and near to the premises.