Agenda item

The licensing officer reported that there were further documents circulated following despatch with the agenda.  These would be interleaved with the agenda papers.  He reported that there had been two temporary events reflecting the hours proposed from Tuesday 16 January to Sunday 21 January and from Tuesday 23 January to Sunday 28 January. These were for on sales only.

The licensing authority reported that they maintained their representation.  They were happy with the proposed hours but had concerns over the use of the outside area and proposed a 9pm close for the rear garden and 10pm cut off time for taking drinks outside the front.  The authority raised concerns over how the front area would be managed.

The noise officer, acting as a witness for the licensing authority, had submitted proposed conditions. She requested 8pm closure at the rear and 9pm at the front.  She considered that a 10pm close for the rear area was far too late as the area was surrounded by flats with bedrooms facing onto the rear garden and noise would reverberate around the area.  She stated that there should be no vertical drinking outside the front and alcohol should be ancillary to food in the rear garden.  Lighting should also be moved to go in a downward direction.  She considered that these conditions would be reasonable and proportionate.

The police stated that they had withdrawn their objection as the applicants had reduced their proposed hours.

The residents were in agreement with the comments made by the noise officer.  Flats looked over the garden, the direction of the lights were already a problem and the noise at the front and the rear was already an issue.  There had been a lot of noise over the weekend and even where only three or four people were having a conversation the noise would reverberate.  The resident wanted the premises to succeed but could not see the business case for later hours when all restaurants in the area closed at 10.30/11pm.  Another resident stated that extended hours would allow people on the street later at night regardless of the operator.  There were no similar establishments with a late licence.  Smokers would be outside and did not need a drink in their hand to cause disturbance. A management plan could not mitigate concerns.  Residents were already experiencing lots of noise which was fundamentally around the licensing hours and not just drinking alcohol. One resident stated that customers had been outside at 1.30pm.  Tables and chairs should be cleared and had not been until after 9 or 10pm.  Lighting was an issue and had still not been rectified. Later closing meant later taxi collections at half past midnight.  Residents considered the hours to be too late.

In response to questions, the residents stated that there had been more disturbance over the two weekends when the temporary event notices were on. Customers were having conversations on their phones and hanging around once the premises was closed.  This was a very quiet residential street.

The applicant’s representative stated that this was an application for a variation as well as a new application.  It was noted that the application was for midnight on Fridays and Saturdays and not Saturdays and Sundays as stated on the report.  The variation was to vary the plans and the applicant agreed an additional condition that the window in the back private dining room would be shut during licensing hours.  With regard to the new application, the hours were within core hours and had been agreed with the police, they were reducing their New Year’s Eve hours from their current licence and opening hours had been previously non-restrictive.  The hours for the sale of alcohol were increased by half an hour on Sundays and one hour on Friday and Saturday. Regarding the conditions proposed by the noise officer he proposed that the outside rear area be closed at 10pm with no new customers after 9pm, there would be no vertical drinking or smoking in the rear garden, smokers would be out the front.  He considered that the hours proposed were appropriate for a public house. The applicant had bought the pub and had invested in it significantly.  They had been in dialogue with residents.  He did not accept that it was their customers outside at 1am as they were closed.  The hours at the temporary events had not gone beyond the hours requested and this was an experienced operations team. He considered that two out of three residents who backed onto the courtyard garden at the rear were agreeable to a 10pm closure.  He stated it would be disproportionate to stop deliveries of consumables between 8pm and 8am and that this was essential to the business.  Regarding the cumulative impact he stated that the premises sat outside the cumulative impact area in the previous policy, the licensing authority had no objection to the later hours, there was already a licence in place, the style of the premises, the robust management and the type of clientele were material and he considered that this could be made an exception to the policy. 

In response to questions it was noted that off sales were sought in order to ensure that diners could take home wine which had not been finished and had been purchased with a meal.  There were windows at the front of the first floor dining area and it was proposed to close the window at the rear to prevent noise outbreak. There was a maximum seating area for 12 people in the first floor dining area. It was agreed that there would be no smoking in the rear garden area. The off sales was sought in order to take wine home in a sealed container, however, the applicant’s representative did agree to the removal of off sales if this was a concern. The applicant’s representative stated that that there had been engagement with residents although there had been some initial problems.  The garden had been used as a smoking area so it had been shut at 9pm so signs could be displayed.  The garden area had been planted recently so he would be surprised if plants were already too tall. The plants would become a natural acoustic. He considered that there was evidence in emails that management had been proactive. He stated that the rear garden had been used for vertical drinking. There was a fairly wide curtilage outside which was part of the premises. The supervision of this area would be included in the management plan.  The tables and chairs were within the curtilage and so no separate licence would be required for these. He would not want to see this area restricted unduly as this was an important part of the business. It would be difficult to remove the table from the first floor dining room if there was any event such as a wedding reception.

In summary, the licensing authority stated that concerns regarding the front area and how it would be controlled and customers dispersed remained.

The noise officer stated that the garden was previously virtually derelict and would now be a feature for customers with potential for noise disturbance.  There was also greater potential for noise at the front.  This was a quiet residential area, where traffic noise had faded from the main road and she would have concerns that customers would make a lot of noise to the distress of residents. She was concerned about deliveries of food in the small hours of the morning which would also disturb residents. She considered that there could be a condition for off sales to be limited to part consumed bottles of wine in sealed containers for customers to take home.

The residents stated that the crowd of customers outside would spread across the road and up the hill particularly in the summer.  There would a large number of customers outside and they would need to be managed properly.  The applicant had made no comments regarding dispersal which could be incredibly noisy as the noise bounced around the concrete areas.

The applicant’s representative stated that he would be happy to agree the off sales condition and work with residents.  Issues had been addressed as soon as they had been raised. A staff guide was detailed on page 84-89 of the agenda.  There was already a licence in place.  There had been no representation from the police or environmental protection.  Significant conditions were proposed which were agreed as amended. There would be no new entry after 11 o’clock. This would be a more robust licence and risks were minimal.

RESOLVED

1)     That the premises licence variation in respect of Coach and Horses, 26-28 Ray Street, London, EC1R 4DJ to change the layout of the premises in accordance with the submitted plan be granted.

2)     That the application for a new premises licence, in respect of Coach and Horses, 26-28 Ray Street, London, EC1R 4DJ be granted to allow:-

a)    The playing of recorded music between 10 am and 11pm on Sundays to Thursdays and between 10am and midnight on Fridays and Saturdays.

b)    The supply of late night refreshment between 11pm and midnight on Fridays and Saturdays.

c)    The sale of alcohol, for consumption on and off the premises, between 10am and 11pm on Sundays to Thursdays and between 10am and midnight on Fridays and Saturdays.

d)    Opening hours between 8am and 11.30pm on Sundays to Thursdays and between 8am and half past midnight on Fridays and Saturdays.

e)    To extend the permitted hours for all licensable activities on New Year’s Eve to 2am with opening hours until 2.30 am.

3)     That the following conditions shall be applied to both the new licence and the variation licence.

a)    Conditions detailed on pages 141 and 142 of the agenda.

b)    The following conditions detailed on the tabled document from the noise team with the amendments indicated.

·         Noise or vibration must not emanate from the premises so as to cause a nuisance to nearby properties.

·         The sound insulation properties of the premises must be maintained and kept in good order.

·         Noise and/or odour from any flue used for the dispersal of cooking smells serving the building shall not cause nuisance to the occupants of any properties in the vicinity.

·         The rear garden shall be cleared of customers by 21:00.

·         The rear doors to the garden area shall be locked using key operated locks at the specified closing time.

·         There shall be no entertainments in any outside areas.

·         There shall be no vertical drinking in the rear garden area or front outside area.

·         All outside furniture shall be fitted with rubber pads to the bottom of the legs to minimise noise when moved.

·         Delete. Staff shall wear soft soled shoes when working in the rear garden area.

·         Exterior lighting shall be directed away from residential properties.

·         Alcohol shall not be sold or supplied in the rear garden area otherwise than to persons taking table meals there and for consumption by such a person as ancillary to their meal.

·         The consumption of alcohol in the seating area at the front of the premises shall end at 21:00 hours.

·         Delete. After 20:00 hours smokers shall be directed to the front of the building and substitute ‘Smoking is not permitted in the rear garden at any time. Notices in the rear garden will be displayed to that effect’.

·         Prominent, clear and legible notices must be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

• Bottling out from the premises is prohibited between 20:00 hours and 08:00 hours.
• There shall be no collections of refuse or deliveries of consumables between the hours of 20:00 and 08:00.  There shall be no deliveries on Sundays or Bank Holidays
• All fuel used for the charcoal grille shall be of the type approved on the schedule of DEFRA for use in smoke free zones i.e. compliant with BS3841.  Appropriate documentation in relation to solid fuels in use shall be kept on site and available for inspection by authorised officers.
• Doors and windows to the premises will be kept closed, so far as practicable, at all times when noise generating entertainment is taking place ie live and recorded music.
• In the event of a noise complaint substantiated by an authorised officer, the licensee shall take appropriate measures in order to prevent any recurrence.

c)       The following additional conditions:-

·         The window in the back private dining room on the first floor will be shut during hours of operation.

·         Any off sales shall be limited to resealed, part consumed bottles of wine.

REASONS FOR DECISION

The Licensing Sub-Committee considered the application papers, the written submissions and the submissions made on the night from the Licensing Authority, the representative from the Noise Team, the Applicant’s representative and the residents who made oral submissions.

The applications were for the variation of the existing licence to reflect the changes to the new layout of the premises and for a new licence in relation to the operating hours, the hours for selling alcohol and for the licence to provide authority to sell alcohol on and off the premises.

The premises are situated in the Clerkenwell Cumulative Impact Area.

The exceptions to the Clerkenwell Cumulative Impact Policy are that the applicant must demonstrate that there will be no negative cumulative impact on one or more of the licensing objectives.

Factors to be considered are whether there is provision of flexible use of the premises, that the premises are not alcohol led, that the hours of operation are consistent with the framework hours, robust arrangements are in place to prevent vertical drinking, a demonstration of high standards of management specifically in relation to preventing public nuisance associated with waste management and littering.

The hours applied for in relation to the sale of alcohol, namely 10am to 11pm on Sundays to Thursdays and 10am to midnight on Fridays and Saturdays are within the core hours as set out in Licensing Policy 6 of the 2018-2022 policy.

The Licensing Sub-Committee accepted the concerns raised by the Noise Team representative and residents and the requirement of an off sales licence. The applicant submitted that the off sales licence was required to enable diners to take their unfinished wine bottles with them when they left the premises after their meal. The applicant agreed that a condition could be added that provided that the off sales licence should be limited to sealed half consumed customers bottled of wine.

The Licensing Sub-Committee granted the applications with conditions which are attached to the decision. The Licensing Sub-Committee was of the opinion that the added conditions, specifically in relation to the rear garden and the front of the premises, were reasonable, appropriate and proportionate to uphold the licensing objectives.

The Licensing Sub-Committee noted that the applicant had undertaken to surrender the existing licence following the grant of the new application.