Agenda item

The licensing officer reported that the hours had been reduced and conditions agreed following consultation with the licensing authority and the noise team.  These representations had been withdrawn.  Four residents had also withdrawn their representations as a result of these amendments to the application. It was noted that licensable activities would only be provided in respect of pre-booked corporate events. It was considered that conditions 6 and 7 may not be enforceable and consideration would be given to removing these during deliberation.

The applicant’s representative stated that a 24 page document had been sent to all interested parties outlining the application and he considered that was the reason that there were no objectors in attendance.  £1.5 million was to be spent on a renovation project for the property.  There were no objections from responsible authorities and there were 33 conditions proposed which met the licensing objectives.  He considered that this was a unique premises in a cumulative impact area.  It was not a pub, nightclub or restaurant and it was limited to private use. Weddings and birthday parties were  excluded.  The premises was food led and not alcohol led. Hours had been reduced and there were no objections from responsible authorities.  There was a dispersal policy.  He stated that the Sub-Committee could take the view that the cumulative impact policy had not been engaged and the licence could be granted.

In response to questions it was noted that an acoustic consultant had been appointed who considered that the dispersal policy was comprehensive. He considered that the premises would have minimal impact with the conditions set out. It was noted that ISO was an International Standard.  An external auditor reviewed their accreditation annually.

In summary the applicant’s representative asked that the licence be granted.

RESOLVED

1)     That the application for a new premises licence, in respect of The Brewery, 41-46 Chiswell Street, EC1Y 4SB, be granted to allow:-

a)    The supply of alcohol, for consumption on the premises from 11am to midnight Monday to Saturday and from 10am until 11pm on Sunday.

b)    The provision of recorded music from 11am until midnight Monday to Saturday and from 10am until 11pm on Sunday.

c)    Late night refreshment from 11pm until midnight Monday to Saturday.

d)    The premises to be open to the public from 9am until half past midnight Monday to Saturday and from 9am until 11.30pm on Sunday.

2)     That conditions outlined in appendix 4 and detailed on pages 109-111 of the agenda be applied to the licence with the following amendments:-

·         The deletion of conditions 5,6,7,8 and 9.

·         That condition 11 be amended to read – There shall be a closing down policy, dispersal policy and taxi policy in place.

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 2.  The premises fall within the Bunhill cumulative 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 premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

Following consultation with the licensing authority and the noise team, the hours had been reduced and conditions agreed and their representations had been withdrawn.

None of the interested parties were in attendance.  The Sub-Committee noted that the hours sought were reflected in the Council’s licensing policy.

The Sub-Committee heard evidence that this application was unique, was not a pub, nightclub or restaurant and was limited to private pre-booked corporate events.  The Sub-Committee noted that weddings and birthday parties were excluded and the provision of alcohol was ancillary to food. An acoustic consultant had been appointed who would provide a comprehensive noise report.

The Sub-Committee welcomed the comprehensive operating schedule and concluded that with the imposition of conditions agreed with the responsible authorities, the grant of the licence would not add to the existing cumulative impact or otherwise impact adversely on the promotion of the licensing objectives. The Sub-Committee also concluded that the numerous conditions placed on the licence would address the concerns raised by local residents regarding noise and public nuisance.

The Sub-Committee also considered licensing policies 9 and 10 regarding high standards of management, licensing policy 18 regarding noise disturbance, licensing policy 19 regarding deliveries and licensing policy 21 regarding dispersal.