Agenda item

The licensing officer reported that a due diligence document had been tabled by the applicant that could be incorporated into the conditions of the licence.  This document would be interleaved with the agenda papers.  The Sub-Committee were informed that the noise conditions had been agreed between the noise officer and the applicant.

Carl Bruder, legal adviser, supported by Graham Phillips from Sanguine Hospitality, spoke in support of the application.  He stated that the restaurant was in the basement of a hotel complex with 61 bedrooms.  Sanguine had been a responsible operator since 1997 and managed 20 hotels throughout the country.  Management had spoken to police and built in appropriate conditions.  Their premises had not been reviewed and for this application they had liaised with all responsible authorities.  They would want all guests to have a good sleep so good noise insulation was essential.  A 24 hour licence for hotel guests was usual practice.  There would be no vertical or outside drinking.

In response to questions it was noted that conditions covered the noise objections in one of the letters received by an interested party.  There was to be a screened off smoking area at the rear.  Breakfast would also be served in the restaurant and it was hoping that hotel guests would use the restaurant for dinner in the evening.

RESOLVED that

1) That the application for a new premises licence in respect of Barbican London, Lambs Passage, EC1 be granted to:-

a) Supply alcohol for consumption on and off the premises from 08:00 to 23:00 on Sunday to Thursday and from 08:00 to 00:00 Friday and Saturday for the general public and for 24 hours, 7 days a week for residents of the hotel and their bona-fide guests.

b) Allow the performance of plays, films, live music, performance of dance and provision of late night refreshment from 08:00 to 23:00 Sundays to Thursdays and from 08:00 to 00:00 Fridays and Saturdays for the general public and for 24 hours, 7 days a week for residents of the hotel and their bona fide guests.

c) Allow recorded music 24 hours Monday to Sunday.

d) Allow opening hours of the premises to be from 08:00 to 23:00, on Sunday to Thursday and from 08:00 to 00:30 Friday and Saturday and for 24 hours 7 days a week for residents of the hotel and their bona fide guests.

e) Allow licensable activities and opening times to continue from the terminal hour on New Years’ Eve to the commencement hour on New Years’ Day.

2) That conditions as outlined in appendix 3 as detailed on pages 33 and 34 of the licence, with the following amendment, shall be applied to the licence.

b) Condition 1 to read.  The operation of the premises shall be designed to minimise the potential for crime and disorder and the due diligence policy document presented to the Sub-Committee meeting on the 22 January 2015 shall be implemented.

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 under the Bunhill and Clerkenwell 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.  The Sub-Committee noted that the hours applied for were within the guidelines detailed in licensing policy 8.

The Sub-Committee noted that the operators have been running similar premises throughout the UK since 1997 and no enforcement action had been taken against them to date which gave the Sub-Committee confidence that the management practices would promote the licensing objectives. 

The Sub-Committee noted the concerns expressed by the interested parties and were satisfied that the conditions, including the due diligence policy submitted to the Sub-Committee, would address these concerns.

The Sub-Committee also considered licensing policies 9 and 10 regarding standards of management and licensing policy 18 regarding noise disturbance.