Agenda item

The licensing officer stated that the revised timings and conditions in the document entitled Amendment to the Application for a New Premises Licence circulated since the publication of the agenda had been agreed by the applicant with a subsequent amendment agreed by the applicant. These would be interleaved with the agenda papers.

Residents raised concern about noise from live music, a vent and people using tables and chairs outside of the venue. A resident stated that noise reverberated through the building. Concern was raised that the door opened on to the street and it was suggested that having a lobby and or soundproofed door could reduce noise when customers were entering and leaving the premises. Concern was also raised about rubbish at the back of the premises which had been removed from the premises during refurbishment work. Concern was raised about loud music being played on 20 August.

The applicant reported that the premises had been bought two months ago and had been redecorated. Following consultation with residents, the applicant had decided to play acoustic music. The applicant’s agent had been replaced following their incorrect submission of an application for a licence with music and dancing until 2am. This problem was then resolved and the applicant had agreed conditions with the police and noise team. A soft opening session had been held one evening between 7pm and 9pm and residents had said they were happy.

The applicant’s partner stated that they were creating an arts space and were collaborating with charities and friends. Arts and comedy nights could be held and the premises would not be used as a nightclub nor for dancing.

In response to questions, the applicant and his partner confirmed that they had no connections with the previous owners or in the management of that business and would not be playing recorded music, just live music. The applicant confirmed that they had not consulted any of the residents present at the hearing.

In summary, the residents stated that their objections were based on noise from the premises and the vent and people in the street plus rubbish at the back of the premises.  The licensing officer advised residents that Condition 1 of the Noise Team Conditions meant a noise consultant would have to prepare a scheme of sound insulation and noise control measures and this would have to be submitted for approval by the council and the approved scheme then fully implemented to the satisfaction of the council prior to the premises being used for licensable activities.

In response to a question from a resident about what would happen if the condition regarding smoking was not met, the legal officer advised that a breach of conditions could lead to a potential review of the licence.

In summary, the applicant stated that the premise was a café with day time arts. Acoustic music would be played and if there were any complaints from residents, these could be raised with the applicant, who would endeavour to address them.

RESOLVED

a) That the application for a new premises licence in respect of Passengers, 19 Green Lanes, N16 9BS be granted:-

  i.        To permit the sale by retail of alcohol, on supplies only, Sundays to Thursdays from 4pm until 10 pm and Friday and Saturday from 4pm to 11pm.

 ii.        To permit the performance of live music, Sundays to Thursdays from 8.30pm until 10pm and Fridays and Saturdays from 8.30pm until 11pm.

iii.        To permit the provision of late night refreshment, Fridays and Saturdays from 1pm until 11pm.

iv.        To permit the premises to be open to members of the public: Sundays to Thursdays from 4pm until 10.00pm and Fridays and Saturdays from 4pm until 11pm.

b) Conditions as outlined in appendix 3 as detailed on page 245-247 of the agenda as amended by the conditions set out in the document titled Amendments to the application for a new premises 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 considered the written application, the written representations provided by residents and the verbal submissions made by the applicant, his partner, the noise team representative and four residents.

No representations, written or verbal were made by the Responsible Authorities.

This was an application for a new licence. The address of the business was not in a cumulative impact zone.

The concern of all the residents who made submissions was that of noise, mainly from music emanating from the premises and accordingly Policy number 18 was of relevance.

The Noise Team representative stated that although he had prior to the hearing agreed conditions with the applicant, he since having read the submissions of the residents had thought it appropriate to amend the conditions slightly. The proposed amendment was agreed to by the applicant.

Taking the concerns of the residents and the applicant into consideration the sub- committee decided to grant the application subject to the agreed amended conditions. It granted the licence with earlier termination hours, so as to promote the objective of the prevention of public nuisance. It considered that the additional conditions were proportionate and reasonable and balanced the interests of all parties.