Agenda item

The licensing officer reported that the application was for alcohol on Saturdays and Sundays until 8.30pm and not 11.30 as published on the front sheet of the report.  Tabled papers in support of the application would be interleaved with the agenda papers.

The Chair of Florin Court stated that this was always intended to be a café and was in a cumulative impact area.  There were walls on all sides which amplified the noise from the premises and created a public disturbance.  He considered that the management did not have the expertise to manage a bar and customers could go to other pubs on the square.  The premises were also currently obstructing a right of way. In the evenings the noise from the premises was considerable. He stated that a number of people had objected, no attempt had been made to supervise the outside area and a licence should not be granted for entertainment.

In response to questions the resident stated that he had not held a formal meeting with residents but a number of people had approached him with complaints.  The licensing officer reported that temporary events notices had been granted and no complaints had been made.  The noise officer had not considered it necessary to put in a representation. The resident stated that other residents were aware that the Licensing Sub-Committee meeting was being held to consider the application.

The applicant stated that he had worked for nine years in Islington and when submitting the application had worked with the licensing team and had produced a robust operation schedule for a cumulative impact area.  The outside seating area would be made unusable by 8pm, there would be no vertical drinking and there would be 24 hour CCTV and security patrols. The outside seating effectively sealed off the road to drivers who caused a nuisance to residents.  They had carried out noise testing. The food element discouraged fast drinking and he had run cafes and public houses which offered food.

The master of Charterhouse Square, speaking in support of the application stated that a circular had been circulated incorrectly stating that the café would operate until 11pm which had caused residents concern.  She considered that the applicant was a good operator and had a good relationship with the community.  Noise concerns related to the night club activity.  She had received no complaints and had received support from Florin Court residents. The applicant stated that there would be regular litter rounds.

In response to questions the applicant stated that there had been four temporary events in the past six months.  Live music, a two or three piece jazz band, was expected to play once or twice a week over the nicer part of the year, less in the winter.  Recorded music would be background. The temporary event notices mirrored the proposed arrangements and had been held over 21 days.  They had received no negative feedback from residents and only positive. He considered that residents would be pleased to see more fresh food with the offer of a glass of wine.

In summary, the Chair of Florin Court stated that there would be a cumulative impact.  The level of security had declined.  Live music was disruptive. Customers would create a disturbance. A number of residents had raised objections with him.

The applicant stated that one resident who lived overlooking Florin Court had stated that there had been no noise disturbance.  This would be a continental style café and residents would be considered.

RESOLVED

1)     That the application for a new premises licence, in respect of Thackeray’s Coffee Club, 14 Charterhouse Square, EC1M 6AX be granted to allow:-

a)         The sale of alcohol, on and off sales, Mondays to Fridays 12 until 8.30pm and Saturdays and Sundays from 10am until 8.30pm.

b)         The playing of recorded music, Mondays to Sundays from 7am until 8.30pm. 

c)         The performance of live music, Thursdays to Saturdays from 5.30pm until 8pm, Sundays from 12 until 2pm and Sundays from 5.30pm until 8pm.

d)         Opening hours to be:-  Monday to Saturday from 7am until 9.30pm and Sundays from 7am until 9pm

Conditions detailed on page 110 of the agenda shall 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 Policies 2 & 3.  The premises fall within the Clerkenwell cumulative impact area. 

The Council has adopted a special policy relating to cumulative impact in relation to shops and other premises selling alcohol for consumption off the premises.  Licensing policy 4 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused or subject to certain limitations, following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

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

The Sub-Committee heard evidence from the applicant and designated premises supervisor in support of the application as well as evidence from the Chair of Florin Court of the freehold company against the application.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

The Sub-Committee concluded that the application more than adequately covered all the licensing objectives and accordingly concluded that the new application should be granted.