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Agenda and minutes

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

Contact: Jackie Tunstall  020 7527 3068

Items
No. Item

169.

Introductions and procedure

Minutes:

Councillor Flora Williamson welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

170.

Apologies for absence

Minutes:

None received.

171.

Declarations of substitute members

Minutes:

There were no declarations of substitute members.

172.

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:

There were no declarations of interest.

173.

Order of Business

Minutes:

The order of business would be as the agenda.

174.

Minutes of Previous Meeting pdf icon PDF 157 KB

Minutes:

RESOLVED:

That the minutes of the meeting held on 4 July 2017 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

175.

London Grace, 35 Camden Passage, N1 8EA - New premises application pdf icon PDF 7 MB

Minutes:

The Sub-Committee noted that hours for Saturday had been applied for but this had been omitted from the front page of the report. The licensing officer reported that documents had been circulated from the applicant.  These would be interleaved with the agenda papers.  Planning permission granted was A1.

 

In response to questions it was confirmed that the licence was conditional on the grant of a Special Treatment Licence.  The applicant stated that planning officers had not suggested that a planning application needed to be made as alcohol was entirely ancillary to the business operation. Following concerns raised regarding future use of the premises the applicant stated that there was a condition that alcohol would only be sold with a beauty treatment and he also agreed that the Special Treatment Licence would be maintained and that this could be conditioned.

 

Two local residents spoke against the application. The Sub-Committee noted that the additional information circulated had only just been received and the interested parties had not had a chance to view this information.  One resident stated that the premise was in a cumulative impact area, in an area where more than 50% of the premises were licensed.  The area was heavily residential and would be affected by noise.  Customers continue drinking very late in a residential area and residents were already suffering from noise from people coming out of bars after 8pm. It was noted that in Time Out it was stated that alcohol was included as an essential part of marketing offering a 2 for 1 cocktails with a nail treatment. This premises should not be in a saturation zone.  The majority of customers would be female who could be noisier than men.  The area was not suitable for a licensed nail bar.  The resident questioned why the licence was being applied for if alcohol was only 8% of turnover.  Another resident stated that the nail bar was situated next to the Elk in the Woods which already generated a lot of noise and was quite unsuitable for licensed premises.  He considered that recent licensing decisions had downgraded the application of the cumulative impact zone.  The Applestat licence had been refused for cumulative impact reasons but other licences had been granted since.  All of these had food with drink. He stated that the resident living above the premises had also objected but had not attended the meeting.  He asked that the Sub-Committee reject the application. 

 

The applicant stated that he understood the concerns regarding cumulative impact although these were concerns for the late night economy with premises closing after 11pm.  This application was not for this type of business and was not a front to become a bar.  Earlier licensing times had been applied for on a Saturday.  The cumulative impact policy was designed to give control over applications.  The premises would be offering tea/ coffee and a variety of snacks.  Customers could come for baby showers and could have a glass of wine with a treatment.  Some customers would  ...  view the full minutes text for item 175.

176.

Panzo Pizza, 50 Exmouth Market, London, EC1R 4QE - Premises licence variation pdf icon PDF 1 MB

Minutes:

The licensing officer reported that the premises was in a cumulative impact area and conditions detailed on page 81 would be added to the licence.

 

In response to questions, the Sub-Committee noted that the area to be used was the raised paved area only and that the permission granted by Greenspace was until 5pm only. The hours for the sale of alcohol would remain the same. 

 

The noise officer reported that she was not aware of the contract with Greenspace.  She had proposed conditions and the applicant would need to renegotiate hours with  Greenspace if they needed to use the area after 5pm. The premises were close to residential accommodation so conditions were proposed to prevent noise nuisance.

 

The manager agreed with the noise conditions but would prefer customers to remain outside until 9pm in order that customers could arrive for 7.30pm.  They would only use the area in the summer as they would not be using heaters. There would not be any loud music played and they would just be selling pizzas. 

 

In response to questions it was noted that the park closed at 5pm. The area was cordoned off with a rope so people who were not customers would not be able to use the area. The manager stated he had not been involved in the discussions with Greenspace.  The contract expired at the end of November and this licence would allow the applicant to use the space next summer.  This was the first year they had used the outside space at the rear.  There was no space at the front of the restaurant.  He would prefer if customers could be allowed to remain outside until 9pm.

 

The noise officer stated that she suggested that the conditions as she had proposed and these included that the rear outside area be cleared of all customers by 8.30pm.

 

RESOLVED

1)       That the application for a premises licence variation, in respect of Panto Pizza, 50 Exmouth Market, London, EC1R 4QE be granted to allow:-

 

a)     An extension of opening hours from 7am to half past midnight, Mondays to Saturdays and between 9am and midnight on Sundays.

b)     An amendment of the licensed area to include a garden area at the rear of the premises, within Spa Fields Park.

 

2)       That conditions detailed on page 81 of the agenda be applied to the licence.

 

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 took into consideration Licensing Policy 1 and 2 and Home Office guidance paragraphs 14:20, 14:30 and 14:36.  The premises fall within the Clerkenwellcumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the  ...  view the full minutes text for item 176.

177.

Golden Bee, First, Second Floors and Roof Terrace, 262-264 Old Street, London, EC1V 9DD - New premises licence pdf icon PDF 1 MB

Minutes:

The licensing officer reported that two documents had been circulated and tabled a plan of the premises in the area. These would be interleaved with the agenda papers.  She reported that drone footage would also be shown of the location.

 

The licensing authority reported that this premises was in a cumulative impact area.  The application was to extend the hours for two floors with possibly an increase of 200 additional people.  150 of these could be on the roof terrace.  There was nothing in the acoustic report regarding management of the dispersal arrangements.  This area abutted the Hackney cumulative impact area where core hours were 2am.  The area was already saturated and extremely busy.  This new application contained reduced conditions to the current licence.  He stated that he would expect evidence to persuade the Sub-Committee why granting the licence should be permitted. He considered that this application was not exceptional to the policy and there was nothing in the application that would persuade the authority to deviate from the policy.  He stated that the applicant should come back and address the special nature of the application.  The northern line was not on the night tube and nothing had changed in the area since the Licensing policy was brought in.  He considered that there would be an additional 200 people for three hours at this location.

 

The noise officer stated that she had proposed compromise timings that had not been accepted.  The measurement position for the roof was 5Ba below maximum levels agreed with the previous acoustic consultant.  She did not know about the maximum capacity and was concerned that people noise could not be controlled.  Customers talking in the bar on the first floor would be affected by the loud music and would be talking very loudly on the roof terrace.  Noise levels could depend on the wind direction.  No dispersal policy had been submitted.  For the temporary event notice a football game had been screened which would generate a lot of noise. 

 

In response to questions it was noted that the applicant had agreed to reduce the sound levels to 80 dBA.

 

The applicant’s representative stated that the application was to allow the roof terrace to remain open after midnight.  The overall capacity of the premises was 300 and that was not changing.  They had operated temporary event notices in 2016 where the roof terrace had been open until 2am and in 2017 until 3am. There had been no complaints. The premises would not cause concerns.  The location was next to six lanes of traffic and across the road was outside a cumulative impact policy area.  The premises was not near the Farringdon/Clerkenwell areas of cumulative impact.  There was no area of special policy on the other side of the road.  There were no resident, Councillor objections or police objections.  The noise team would withdraw their objection if the hours on the roof terrace was closed at 1am. There were no complaints from the closest residents in Cowper or  ...  view the full minutes text for item 177.