Agenda item

The Sub-Committee noted that this was a variation application to reduce the hours and to amend the plan.  Conditions were tabled which had been agreed by the applicant and would be interleaved with the agenda papers. There was to be a seated restaurant on the ground floor. 

The noise officer reported that the premises would be an improvement and she’d had good communication with the acoustic consultant who had taken on board all advice given. 

The interested party reported that he lived 100m away from the premises.  He had met with the applicant who had accepted all but 1 of his proposed conditions. He raised concerns about the ‘counter area’ indicated on the proposed plan which he considered could be an issue in the future.

It was noted that a variation could allow for a change in curtilage, although there was no provision for off sales and this would require a new variation application.  The applicant’s representative agreed that the counter area could be excluded from the plan and undertook to submit a revised plan within seven days. 

The applicant’s representative reported that a reduction in hours to 2am would reduce the cumulative impact and the business plan would turn an alcohol led premises into a food led business.  The footprint of the licensed area would be reduced to 280sqm and there would be a reduction in capacity to 350 persons.  Disabled access would be improved. Two lobbies had been installed to prevent noise escape.  Noise levels had been calibrated to ensure there was no noise at the nearest residential premises.  There was a new dispersal policy with a good operator.  The responsible authorities had not objected and comments made by residents had been taken on board and turned into conditions. 

In response to questions it was noted that music had been tested in the nearest residential premises on a Wednesday evening.  Different tracks had been played and noise levels adjusted as necessary.  Once the business was open this would be repeated. A phone number would be made available to residents.  The noise officer advised that a limiter would be installed and certificates issued.  It was advisable to check noise levels on a regular basis.  The noise team would respond if there were issues.

In summary the applicant’s representative stated that he considered that all issues had been resolved with residents. 

RESOLVED

1)       That the application for a new premises licence, in respect of Transport, 70-74 City Road, EC1V 2BJ, be granted to allow:-

a)           To change the plan attached to the premises licence

b)           To reduce the hours for the provision of regulated entertainment including live music, recorded music and performance of dance: 10 to midnight, Sunday to Wednesday, 10 to 1am Thursday and 10 to 2am Friday and Saturday.

c)           To reduce the hours for the sale of alcohol for consumption on the premises 10:00 to midnight, Sunday to Wednesday, 10:00 am to 1am Thursday and 10 am to 2am Friday to Saturday.

d)           To reduce the hours for the provision of late night refreshment 11pm to midnight Sunday to Wednesday, 11pm to 1am Thursday and 11pm to 2am Friday and Saturday.

e)           To reduce the opening hours of the premises from 10am to half past midnight Sunday to Wednesday, 10am to 1.30am on Thursday and 10am to 2:30 am Friday and Saturday.

f)            Annex 2 Condition 13 to be amended (details at Annex 4 of the report).

2)       That the conditions detailed below shall be applied to the licence.

Amendments/Deletions to existing conditions

1.     Amended ground floor plan to exclude noise lobbies from licensed area within red-line (see attached). (Basement Plan to remain as proposed in original variation application).

2.     Delete condition 8 of Annex 2 (Notices) – duplication of condition 17

3.     Delete condition 10 of Annex 2 (under 18’s to be accompanied by adults at all times) – conflicts with concept of food-led community venue and is unnecessary

4.     Delete condition 12 of Annex 2 (Technical Standards for Places of Entertainment) – reflects old licensing regime.

5.     Amend condition 13 of Annex 2 to read: “The maximum number of persons accommodated at any one time in the premises shall not exceed 350 customers with a maximum capacity for each floor as follows: Ground Floor – 200. Basement 200”. (i.e. as originally proposed in application)

Additional conditions proposed by resident and accepted by applicant

6.     Any music or other sound played within the licensed premises should not beaudible at any residential receptors in City Road, Mallow St or Featherstone Street.

7.     The premises shall operate in accordance with a written dispersal policy which includes the following measures:

a.     The ground floor area will be closed and patrons will be asked to leave approximately 30 minutes prior to the basement area.

b.     Music noise levels will be reduced gradually over the final 30 minute period for each area.

c.      All patrons leaving the venue will be encouraged to do so in a quiet manner.

d.     At closure time the premises will be managed to ensure a gradual dispersal of customers.

8.     From 6pm on Thursday, Friday and Saturday a senior member of management will stand outside the premises until 02.30hrs with a doorman on both exits andan extra member of security.

9.     One staff member will be positioned at the corner of Featherstone Street and City Road and the other at the City Road entrance. Security will patrol the area around Featherstone Street and Mallow Street to ensure that customers walking near to residential premises do not create a disturbance.

The following additional condition:-

·        That a revised plan be submitted within seven days to exclude the ‘to go counter’ 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 current national guidance and the Council’s Licensing Policy.

Four local resident objections had been received.  There had been no representations made by the responsible authorities.

The Sub-Committee heard evidence that the variation application was to reduce the existing hours as the nature of the business had changed and would now be food led rather than alcohol led.  Additional conditions were proposed by the resident which had been accepted by the applicant.

The Sub-Committee heard evidence from the resident who raised an issue regarding the plan and specifically an area marked ‘to go counter’ which he considered could be used in the future. The applicant noted the concerns raised by the resident and agreed to re-serve the plan with this area removed, within seven days.

The Sub-Committee concluded that granting the application with the additional conditions, would not adversely impact on the cumulative area or otherwise impact adversely on the promotion of the licensing objectives.

When making their decision the Sub-Committee also considered licensing policy 9 and 10 regarding standards of management, licensing policy 18 in relation to noise and licensing policy 21 in relation to dispersal.