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Agenda and minutes

Venue: Committee Room 4, Town Hall, Upper Street, N1 2UD. View directions

Contact: Jackie Tunstall  020 7527 3068

Items
No. Item

10.

Introductions and procedure

Minutes:

Councillor Donovan welcomed everyone to the meeting, asked members and officers to introduce themselves and outlined the procedures for the meeting.

11.

Apologies for absence

Minutes:

Apologies were received from Councillor Spall.

12.

Declarations of substitute members

Minutes:

Councillor Andrews substituted for Councillor Spall.

13.

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:

Councillors Andrews and Donovan stated that they were councillors for Clerkenwell ward but had taken no part in any discussions regarding Item B3, Theatre Delicatessen.

14.

Order of Business

Minutes:

The order of business was as the agenda.

15.

Minutes of Previous Meeting pdf icon PDF 121 KB

Minutes:

RESOLVED:

That the minutes of the meeting held on the 1 July 2014 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

16.

The Auld Triangle Public House, 52 St Thomas Road, N4 2QW - Variation application pdf icon PDF 7 MB

Minutes:

The Sub-Committee noted that this item had been adjourned at the request of the applicant.

 

17.

Market Cafe, 132 Whitecross Street, EC1Y 8QJ - New application pdf icon PDF 12 MB

Minutes:

The Sub-Committee noted the photos of the area tabled by the applicant.  These would be interleaved with the agenda papers.

 

Counsel for the applicant, Emma Dring, reported that the application had been amended to that detailed in the papers to bring the hours in line with licensing policy 8.  The proposed noise conditions had been accepted. The applicant had agreed to limit the capacity to a total of 50 persons inside and outside in order to fall within the exceptions to the cumulative impact policy.

 

The noise officer reported that they had concerns about the number of chairs outside.  At a recent visit by the licensing team it had been noted that there were 90 chairs outside the premises.

 

The licensing authority informed the Sub-Committee that there had been a lack of effort in the application form regarding details on how the cumulative impact was to be avoided.  The authority had concerns regarding the management of numbers and the impact of noise on residents particularly if tables were cleared at 10pm in the evening.

 

The local residents raised concerns about the noise levels and stated that there were residential premises above the café.  They considered that tables and chairs should be cleared by 9pm.  It was noted that there was a proposed condition to have no tables and chairs in Banner Street.

 

Counsel, supported by the applicant, Mr Kabayel, informed the Sub-Committee that the applicant wanted the option to sell alcohol with food.  He had been running a local café for nearly 10 years and employed 8 personal licence holders. It was accepted that the application could have been more detailed, however, it was considered that this café could be considered as an exception to the cumulative impact policy due to the hours, the number of people and as it was not alcohol led.  A condition was offered to restrict numbers to 50 persons, inside and outside the premises. There would be regular patrols outside and the noise conditions were accepted.  The Sub-Committee noted the circumstances regarding a condition breach on the 17 July 2014 and it was reported that a staff meeting was held after the incident and it was made clear to staff that this should not happen again.  Training was held bi-monthly, training logs were kept and alcohol would be sold ancillary to food. Soft drinks were often sold in pint glasses so may appear to be alcohol.  Alcohol had not been supplied from the Market Café. The police had not put in a representation and there had been no incidents since 2006. It was considered that the conditions, combined with a reduction in capacity would mean that there would be no negative impact on neighbours.  She invited the Sub-Committee to condition the chairs and tables to be cleared away at 9pm rather than to refuse the application. 

 

In response to questions, it was noted that the internal capacity of the premises was 32 persons.  The Sub-Committee noted that the applicant’s premises opposite cleared their tables and  ...  view the full minutes text for item 17.

18.

Theatre Delicatessen, 119 Farringdon Road, EC1R 3DA - New application pdf icon PDF 6 MB

Minutes:

The Sub-Committee noted a neighbourhood impact plan that had been circulated and would be interleaved with the agenda papers.  It was noted that an application for temporary use had been made to the Planning Department.

 

The noise officer reported that all conditions had been accepted by the applicant.

 

The licensing authority stated that it was broadly in support of the application, although had concerns regarding the proposal for a pop-up restaurant in the months before Christmas and asked for more clarity around these proposals. It was noted that the lease expired in 2017.

 

The applicant reported that he had been running premises on a similar basis in Marylebone High Street since 2007.  He had spoken with residents and a number of them were now on the volunteer roster.  These were ticketed events only and they were looking at extended hours for the run up to Christmas. 

 

In response to questions, it was noted that staff would be assigned to each area.  All audiences leaving would have direct contact with a member of staff who would help with their dispersal.  There was to be a total occupancy of 120 persons in the basement which would be staggered throughout the evening. Alcohol would be served with food in the restaurant and would be served at performances.  These would be ticketed performances and alcohol would only be sold to those who had a ticket to a performance. The applicant agreed to amend a condition to Challenge 25.

 

In summary the local authority considered it had been helpful to hear how the process had been managed and left the decision regarding the exception to the core hours to the Sub-Committee.

 

The applicant reported that this arrangement would not exist after the expiry of the three year lease.  Alcohol was ancillary to the performance or to the restaurant. 

 

RESOLVED:

That the new premises licence in respect of Theatre Delicatessen, 119 Farringdon Road, EC1 be granted:-

i)       To permit the sale of alcohol for consumption on the premises, the performance of plays, exhibition of films, provision of live music and recorded music: 10:00 to 23:00 hours on Sunday to Thursday and 10:00 to 23:30 on Friday and Saturday.

ii)      The opening hours to be: Sunday to Thursday, 9:30 to 23:30 and Fridays and Saturdays 09:30 to 00:30.  Additionally for the basement only to 00:30 Sunday to Wednesday and to 01:30 Thursday to Saturday.

iii)  Additionally for the basement only, performance of plays, sale of alcohol and provision of late night refreshment to midnight, Sunday to Wednesday and to 01:00 on Thursday to Saturday from 12 November 2014 and Saturday 21 December 2014 only.

 

Conditions as outlined in appendix 3 as detailed on page 143-145 of the agenda with the following amendments:-

 

       Condition 20 to read.  Anyone purchasing alcohol who appears to be under 25 years will be asked for ID to prove they are over 18 years.

 

       Condition 14 to read. The arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical  ...  view the full minutes text for item 18.