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Agenda and minutes

Venue: Committee Room 1, Town Hall, Upper Street, N1 2UD. View directions

Contact: Jackie Tunstall  020 7527 3068

Items
No. Item

183.

Introductions and procedure

184.

Apologies for absence

Minutes:

None.

185.

Declarations of substitute members

Minutes:

Councillor Nick Wayne substituted for Councillor Gary Poole for agenda items B1 and B2 only.

186.

Declarations of interest

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

 

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

 

*(a)     Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

 

This applies to all members present at the meeting.

 

Minutes:

None.

187.

Order of Business

188.

Minutes of Previous Meeting pdf icon PDF 166 KB

Minutes:

RESOLVED

That the minutes of the meeting held on 1 August 2017 be confirmed as a correct record and the Chair be authorised to sign them.

189.

Unit G7A, 6G Esther Place, London, N1 1WL - Provisional Statement Application pdf icon PDF 6 MB

Minutes:

The Licensing Officer pointed out that an amendment was required to page 10 of the agenda to reflect the fact that no representations had been received from local Ward councillors, rather than “Three local ward Councillors” as stated in the report. An amendment was also required to the final line of condition 2c on page 97 of the agenda by the deletion of the final sentence “Notwithstanding…….meal”. Conditions 16 – 18, detailed on page 98 of the agenda, and proposed by the Metropolitan Police, had been agreed by the applicant. However, condition 19 had not been agreed.  He referred to the fact that a previous provisional statement application dating back to June 2017 had been withdrawn by the applicant prior to the Sub-Committee where it was to be determined.

 

The Police representative added that the question mark in condition 18 should be replaced with “15% of the floor area” and that this had been agreed by the applicant. In addition, referring to condition 19 relating to a full half hour drinking up time, which the applicant had not agreed, as this was a provisional statement, there were no crime figures available although the premises was in a cumulative impact area. A condition relating to drinking up time would be relevant and was a well established procedure. Drinking up time allowed a gradual exodus from a premises and prevented numbers of people leaving en masse.

 

The applicant’s representative noted that no written submission had been made by the Council’s Noise Team.

 

The Licensing Authority’s representative highlighted the fact that the premises was situated in a cumulative impact area and that this had not been addressed in the application. There had been no attempt to address the Licensing Authority’s representations until this afternoon. Furthermore, the Licensing Authority did not think the application should be granted outside of planning consent hours ie 23:00 hours. The Licensing Authority supported the condition proposed by the Police for a drinking up time.

 

The applicant’s representative noted that Councillor Poole had been due to chair this meeting.  He had not submitted a written representation and, if he was at this meeting to represent a resident, advance notice should have been given.  The Licensing Officer replied by saying that the Licensing Team had been made aware on the previous day that Councillor Poole would be speaking on behalf of local residents.  In response to a question from the Chair, the Legal Officer confirmed that there was no obstacle to Councillor Poole putting forward the representations of residents, but he could not make representations in a personal capacity.  In response to a question from the Chair, Councillor Poole confirmed that he was present to represent the views of residents. In response to a question from the applicant’s representative as to whether Sub-Committee members had discussed the matter with Councillor Poole, the Chair confirmed that there had been no such discussions and the only matter he had discussed with Councillor Poole was about the arrangements for chairing of the meeting.  ...  view the full minutes text for item 189.

190.

Dirty Martini, 74 Upper Street, N1 0NY - Premises licence variation pdf icon PDF 7 MB

Minutes:

The Licensing Officer reported that, since the report had been written, the Noise Officer had withdrawn proposed conditions on pages 162 and 163 of the agenda.  The Noise Officer drew attention to the fact that her suggested amendment to condition 4 on page 163 should actually be an amendment to existing noise condition 3 (page 162).

 

The Sub-Committee noted that no representation had been received from the Police.

 

The Licensing Authority’s representative drew the Sub-Committee’s attention to the fact that the premises was located in a cumulative impact area.

 

A local Ward councillor, representing residents, stated that he had made a written representation, which had been circulated with the agenda, He said that residents were most concerned about this application to extend hours in premises in a sensitive part of St Mary’s Ward. Local residents and the community lived precariously. The difficult history of the previous premises had eroded the welllbeing and safety of residents. The attempt made by the applicant to rebut the assumptions associated with the premises being located in a cumulative impact area was valiant, but did not rebut the concerns about the additional hours being sought.

 

In response to a question from the applicant’s representative,  the Licensing Officer confirmed that a resident who had submitted a written representation had authorised his flatmate to speak on his behalf. This resident described the geography of the site, describing it as a unique place, with St Alban’s Place forming a tunnel through from Upper Street.  He described the area as “already unsafe” and that an extension in operating hours would increase the numbers of people in the vicinity and anti-social behaviour.  Another resident said how dismayed she was to see this new application, having spent two years complaining about the activities of the former premises.  The proposed change from midnight to 2.00am made this a club.  Residents had to listen to a lot of noise at weekends. Even though security staff were present, there appeared to be no change in the volume of anti-social behaviour.

 

The applicant’s representative stated that the premises were an example of how  a cumulative impact policy worked and would work into the future.  The previous operator had been removed and a sympathetic operator was now in place.  The applicant had traded at the premises over the  past 17 months, including a number of TENS, without any complaints. When the cumulative impact policy had been introduced into Islington’s Licensing Policy, the premises had been open until 2.00am on Thursday, Friday and Saturday without adding to the cumulative impact in the area.  He added that the current and proposed operation of the premises would not impact on the local area. There were no Police representations, which was remarkable, given the previous history of the premises and crime statistics for the area.  In response to representations from residents about the likelihood of more people being drawn to the area, he said that entry to the premises would be restricted after midnight. People would be able to stay  ...  view the full minutes text for item 190.

191.

Runway East, Ground Floor, 19-23 Featherstone Street, EC1Y 8SL - New premises licence pdf icon PDF 3 MB

Minutes:

Councillor Gary Poole was in the chair for consideration of the following two items.

 

The Licensing Officer reported that the roof area had been removed from the premises licence application and that the Noise and Planning Teams had consequently withdrawn their representations.

 

A resident said that there were no licensed premises opening onto Featherstone Street and that it should be kept that way.  The premises were serviced offices, though he recognised that they had alcohol at events in the building. Given that the premises were situated in a licence free zone in a Cumulative Impact Area, with no other licensed premises in the street, it should stay that way and he could see no reason for them to have a licence. If, however, the application was granted, he hoped that an amendment to condition 16 could be considered to clarify that alcoholic drinks should not be taken away from the common area in the members’ lounge on the ground floor. Another resident said that, if the licence was granted, she would agree   with the proposed conditions which would help to ensure less noise nuisance from the back of the premises and that driveways were not blocked by delivery vans. Another resident said that the application was more like one for a private club and it should therefore be for members only.  The proposed hours were excessive and would have an adverse impact on the local school and on her flat in particular.  There would be problems with noise, odour control and safety. The proposed opening hours were excessive. She added that the hours on the original premises licence were 08:00 to 22:00 hours on Monday to Friday, 08:00 to 12:00 noon on Saturdays and closure on Sundays and bank holidays. Regarding the proposed conditions, there should be no use of vehicle bays, or the rear yard, other than for logistics. There should be no smoking in those areas either.  ASB and drug dealing was taking place on the private curtilage of the premises and there should therefore be more CCTV.

 

A member of the Committee asked residents whether there had been any outreach by the applicant.  One of the residents said that they had been contacted by the applicant only three to four days ago and had met with the applicant on the previous day.

 

The applicant stated that the premises would be a female founders club, aiming to support women to build companies. The licence was needed for seven days, to support a wide range of women, some of whom had work commitments and/or mothers taking children to and from school. The applicant agreed with the proposed change to condition 16 but pointed out that the back of the driveway was owned by the landlord and not within their control.  She was aware of the congestion caused by deliveries to the premises, but building work would be coming to an end in the forthcoming month and vehicles would then be able to turn left into Mallow Street. There was  ...  view the full minutes text for item 191.

192.

Brewhouse and Kitchen, 2A Corsica Street, N5 1JD - Licence variation pdf icon PDF 7 MB

Minutes:

The Licensing Officer stated that two further conditions had been agreed by the applicant. These related to the windows which were closest to residential properties being sealed and no installation of speakers in the corridor. In addition, he noted that planning consent permitted opening until 24:00 hours and this application, seeking the proposed sale of alcohol up to 01:00 hours, exceeded this consent.

 

The applicant’s representative said that the planning consent had been inherited. He noted that there had been no representations from the Responsible Authorities. He stated that he and the applicant had met with two local resident objectors and had written to them.  The applicant had agreed concessions, confirmed in an email to the Licensing Authority, confirming that the windows of the premises which were nearest to residents, and currently only open to provide access to plant as and when it needed servicing, would be closed and sealed.  In addition, he said that no speakers had been installed in the corridor, so there would be no requirement for any control measures to be put in place with regard to music in this area.

 

In addition, he conceded that the operating hours on the first floor of the premises would be restricted to midnight to comply with planning consent.

 

RESOLVED:

That the application for a premises licence variation in respect of Brewhouse and Kitchen, 2A Corsica Street, N5 1JD, be granted:

1)         To vary the layout of the premises to add the area specified on the first floor of the premises.

2)         To vary the layout of the premises to include creating a bar, meeting and events space on the first floor.

3) To vary the premises licence so that the hours of operation on the first floor are restricted to 9am to midnight every day

Conditions detailed on page 295   to be amended as set out below and applied to the licence:

1. As per current licence

2. The two windows that are closest to residential property to be sealed

3  No installation of speakers in the corridor to ensure that there is no noise from music in this area.

 

 

 

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 noted the applicant’s response to issues raised by the interested parties and that they had indicated that the two windows closest to the residential property would be sealed and that there would be no speakers positioned in the corridor.  The Sub-Committee noted that the applicant accepted that the hours of operation on the first floor should be restricted to be in line with the planning permission.

 

 

The Sub-Committee decided that, in accordance with Licensing Policy 18, the applicant had proposed appropriate restrictions to prevent undue noise disturbance and it was therefore reasonable and proportionate to grant the variation with the proposed conditions.  ...  view the full minutes text for item 192.

193.

San Daniele Del Fruili, 72 Highbury Park, N5 2XE - Premises licence variation pdf icon PDF 11 MB

Minutes:

The Sub-Committee noted that this application had been withdrawn.