Agenda item

The Sub-Committee noted a neighbourhood impact plan that had been circulated and would be interleaved with the agenda papers.  It was noted that an application for temporary use had been made to the Planning Department.

The noise officer reported that all conditions had been accepted by the applicant.

The licensing authority stated that it was broadly in support of the application, although had concerns regarding the proposal for a pop-up restaurant in the months before Christmas and asked for more clarity around these proposals. It was noted that the lease expired in 2017.

The applicant reported that he had been running premises on a similar basis in Marylebone High Street since 2007.  He had spoken with residents and a number of them were now on the volunteer roster.  These were ticketed events only and they were looking at extended hours for the run up to Christmas. 

In response to questions, it was noted that staff would be assigned to each area.  All audiences leaving would have direct contact with a member of staff who would help with their dispersal.  There was to be a total occupancy of 120 persons in the basement which would be staggered throughout the evening. Alcohol would be served with food in the restaurant and would be served at performances.  These would be ticketed performances and alcohol would only be sold to those who had a ticket to a performance. The applicant agreed to amend a condition to Challenge 25.

In summary the local authority considered it had been helpful to hear how the process had been managed and left the decision regarding the exception to the core hours to the Sub-Committee.

The applicant reported that this arrangement would not exist after the expiry of the three year lease.  Alcohol was ancillary to the performance or to the restaurant. 

RESOLVED:

That the new premises licence in respect of Theatre Delicatessen, 119 Farringdon Road, EC1 be granted:-

i)       To permit the sale of alcohol for consumption on the premises, the performance of plays, exhibition of films, provision of live music and recorded music: 10:00 to 23:00 hours on Sunday to Thursday and 10:00 to 23:30 on Friday and Saturday.

ii)      The opening hours to be: Sunday to Thursday, 9:30 to 23:30 and Fridays and Saturdays 09:30 to 00:30.  Additionally for the basement only to 00:30 Sunday to Wednesday and to 01:30 Thursday to Saturday.

iii)  Additionally for the basement only, performance of plays, sale of alcohol and provision of late night refreshment to midnight, Sunday to Wednesday and to 01:00 on Thursday to Saturday from 12 November 2014 and Saturday 21 December 2014 only.

Conditions as outlined in appendix 3 as detailed on page 143-145 of the agenda with the following amendments:-

       Condition 20 to read.  Anyone purchasing alcohol who appears to be under 25 years will be asked for ID to prove they are over 18 years.

       Condition 14 to read. The arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment shall be subject to Council approval and shall at all times be maintained in good condition and full working order.

       Condition 38 to read. Fireworks or other pyrotechnics will not be used other than with the prior consent of the Council.

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 002.  The premises fall under the Bunhill and Clerkenwell cumulative impact area.  Licensing policy 002 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.

The Sub-Committee noted that the premises would not be alcohol led and that they would operate within the core hours set out in licensing policy 8 except for the limited 6 week run of the pop up restaurant in the basement of the premises. The Sub-Committee noted that the applicant had operated similar premises in Marylebone without complaint. The applicant had met with local residents and had satisfactory noise reduction and dispersal plans in place. The sale of alcohol would be ancillary to performances and the Sub-Committee was satisfied that the ticket only operation of the premises would ensure that the licensing objectives were promoted.

The Sub-Committee was satisfied that with the imposition of conditions, there would be no adverse cumulative impact on the licensing objectives. 

Note of the Sub-Committee

The applicant is reminded that the premises should not be used until planning permission is approved.