Agenda item

The licensing officer reported that there were two resident representations outstanding.  One of the representatives had stated that they were making objections on behalf of the block.  The Peabody Trust, who managed the block, stated that this was incorrect and the interested party would not have the authority to do this.

The applicant reported that this was a live comedy venue and alcohol was ancillary.  Conditions had been agreed with the responsible authorities.  They had used temporary event notices and had no complaints.

In response to questions the applicant stated that they had bought heavy planters to help prevent the public using the alley for urination.  This was a particular problem in the Kings Cross area and did not relate to their premises. The front of the premises would be used as the smoking area.  This was supervised and was restricted to 10% capacity of the premises.  No drinks would be allowed in this area and it was set back from the road with enough space for the public to walk past. It was away from the residential area.

RESOLVED

1)       That the application for a new premises licence, in respect of 2 Northdown Street, N1 9BG, be granted to allow:-

a)     The provision of recorded music from 6 pm until 10pm Sunday to Wednesday and from 6pm until 11pm Thursday to Saturday.

b)     The supply of alcohol, for consumption on the premises from 12:00 noon until 11pm Sunday to Thursday and from 12:00 noon until midnight Friday and Saturday.

c)     Opening hours to be:- 10am to 11.30 pm Monday to Thursday and from 10am until half past midnight Friday and Saturday.

2)       That conditions outlined in appendix 3 and detailed on pages 63 and 64 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 2 and home office guidance, paragraphs 14.30 and 14.36.  The premises fall within the Kings Cross 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.

Conditions had been agreed with the police and the noise team and they had therefore withdrawn their representations.

There were two representations outstanding from local residents who did not attend but their representations were taken into account. 

The Sub-Committee noted that the business would not be alcohol led as it was a comedy venue.  There had been a number of temporary event notices held with no complaints. The Sub-Committee considered that the applicant had set out strong conditions to deal with any possible nuisance from noise, smoking or anti-social behaviour and the hours did not extend past midnight. 

The Sub-Committee concluded that the applicant had demonstrated in the operating schedule that there would be no negative cumulative impact on the licensing objectives as a result of granting the licence. In addition, this would be a case in which the Sub-Committee would be justified in departing from the special policy in the light of the individual circumstances of the case.