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Licensing Sub Committee C - Thursday, 11th April, 2024 6.00 pm, NEW

April 11, 2024 View on council website

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“Why was Biryani Guys' application refused?”

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Summary

The Licensing Sub-Committee C of Islington Council met on 11 April 2024 and made two decisions: they granted a licence variation to Knotel Workclub at Old Sessions House, 23 Clerkenwell Road subject to some amendments, and they refused an application for a new licence by Biryani Guys, at 42 Old Street.

Knotel Workclub, Old Sessions House, 23 Clerkenwell Road

Knotel Workclub applied to vary its existing licence at Old Sessions House.

Knotel sought permission for the following changes:

  • Allowing non-members to use the ground floor restaurant;
  • Varying the layout of the ground floor;
  • Adding the provision of live music and recorded music from 8am until 10.30pm Sunday to Thursday and until 11.30pm on Friday to Saturday;
  • Adding the provision of late-night refreshment from 11pm to 11.30pm Friday and Saturday;
  • Extending the current hours for films until 10.30pm Sunday to Thursday and until 11.30pm Friday to Saturday;
  • Extending the current hours for the on and off sales of alcohol until 10.30pm Sunday to Thursday and until 11.30pm Friday and Saturday;
  • Extending the opening hours from 8am until 11pm Sunday to Thursday and until midnight Friday and Saturday.

The Sub-Committee considered a number of objections to the application from local residents and the Friends of Clerkenwell Green. The objections raised were largely focused on:

  • Concerns about noise levels from music, people entering and leaving the premises, and service vehicles;
  • The licensing of the outdoor space on Clerkenwell Green;
  • The potential for crime and disorder, particularly given the licence would allow non-members to access the premises.

The Sub-Committee considered these objections and the applicant's arguments. They were concerned about the potential cumulative impact1 of the requested licence hours and activities and the potential for the outdoor space to cause noise nuisance to nearby residents. However, they accepted the applicant's arguments that the business was well-managed and that they would take steps to minimize noise.

The Sub-Committee granted the licence variation subject to the following amendments:

  • All references to the outside space be deleted, so no alcohol would be permitted in the outdoor area of the restaurant;
  • A street marshal supervise the recommended pickup location for taxi cab hire for a minimum of thirty minutes to ensure patrons leave in an orderly fashion.

This means that non-members will be able to use the ground floor restaurant at Old Sessions House, but they will not be able to drink alcohol in the outdoor area. The applicant will still be able to use the outdoor space on Clerkenwell Green for dining, but they will need to apply for a separate pavement licence2 if they wish to sell alcohol there.

Biryani Guys, 42 Old Street

Biryani Guys applied for a new premises licence at 42 Old Street to operate a late-night refreshment establishment, supplying hot food and drink between 11pm and 5am seven days a week. The Licensing Authority objected to the application on the grounds that the operating schedule lacked detail and because the premises had allegedly operated in breach of the Licensing Act 2003 on several occasions in December 2023 and March 2024.

One local resident also objected to the application. The resident stated that he had witnessed the premises operating outside of permitted hours and causing noise nuisance as far back as June 2023. He provided specific examples of noise from cars, motorcycles, and large groups of people talking outside the premises at night.

The applicant apologised for the breaches and acknowledged that they had not understood the licensing requirements. They stated that they had been using third-party delivery drivers who were difficult to manage but that they would put in place measures to control them in future. The applicant also argued that Dominos, a nearby business, was already operating until 4am with a licence.

The Sub-Committee considered the objections and the applicant's arguments and determined that the applicant had not demonstrated an understanding of the licensing requirements or a commitment to upholding the licensing objectives. They were particularly concerned by the history of breaches, the lack of detail in the operating schedule, and the applicant's admission that they had not understood the licensing policy. As a result, they refused the application.

The applicant will not be able to operate a late-night refreshment business from this location. They will need to re-apply for a licence if they still wish to do so. If they choose to reapply, they will need to demonstrate that they understand the licensing requirements and that they have taken steps to address the concerns raised by the Sub-Committee.


  1. Cumulative impact is the idea that the concentration of licensed premises in one area can have a disproportionately negative impact on the licensing objectives. This can mean that an application for a new licence might be refused even if the applicant is demonstrably a responsible operator. 

  2. A pavement licence allows businesses to place tables and chairs on the pavement outside their premises. Businesses need to apply to their local council for a pavement licence. 

Attendees

Profile image for CouncillorAngelo Weekes
Councillor Angelo Weekes  Executive Member for Community Safety •  Labour Party •  Mildmay
Profile image for CouncillorIlkay Cinko-Oner
Councillor Ilkay Cinko-Oner Deputy Leader of the Independent and Green Group • Independent • Laycock
Profile image for CouncillorClare Jeapes
Councillor Clare Jeapes  Recycling Champion •  Labour Party •  Canonbury
Profile image for CouncillorBen Mackmurdie
Councillor Ben Mackmurdie  Labour Party •  Clerkenwell
Profile image for CouncillorMatt Nathan
Councillor Matt Nathan  Independent •  Clerkenwell

Topics

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Meeting Documents

Agenda

Agenda frontsheet 11th-Apr-2024 18.00 Licensing Sub Committee C

Reports Pack

Public reports pack 11th-Apr-2024 18.00 Licensing Sub Committee C

Additional Documents

Minutes of Previous Meeting
Knotel Workclub Old Sessions House
Biriyani Guys
Printed minutes 11th-Apr-2024 18.00 Licensing Sub Committee C