Agenda item

The licensing officer reported that the application had been amended.  The licence was only required to the 19 December 2015 and hours were reduced on Wednesdays and Thursdays until midnight and Friday and Saturdays until 1 am. Representations on pages 61 and 68 of the agenda had been withdrawn.

The licensing authority stated that they were concerned regarding the contravention of licensing conditions.  Noise from smokers had been reported at the rear of the premises which had disturbed residents.  The TENs allowance for the year had been exceeded.  Planning permission had been granted to 23:00 hours and it was considered that those hours had been granted for good reason.

The applicant reported that the arts charity worked with property developers where premises were empty to make a positive use of the space.  The premises held ticketed events currently running a dining experience, a roadhouse bar and a cabaret performance.  The sale of alcohol was ancillary.  There was a maximum of 40 people each sitting and they wished to extend hours by half an hour to run an additional sitting on a Saturday to respond to the popularity of the event.  They would be happy to apply for retrospective planning permission.  It was reported that at a licensing inspection the licence had not been available.  The Sub-Committee noted that the audience manager was sick and the staff covering were not aware of where the licence was kept.  People had been outside the premises at the rear but they were from a party and not patrons.  Issues had been quickly rectified.  There were mainly two residents who complained about the noise, one had now withdrawn their objection and they were working hard to communicate with the second resident.  Very few noise complaints were directly related to this premises.

In response to questions it was noted that the current event had commenced on the 28 August and was to run on the 21 November 2015.  They had hoped to vary the licence but did not get the notice in the press so used temporary event notices.  They had miscalculated and applied for too many.  They wished to keep the licence until 19 December 2015 as they would like to extend the run if the tickets were selling well.  They had not applied for planning permission.  This was an administrative error. They would have to make refunds if they could not hold all performances.  Improvisation training was held on the first floor which was close to some residents.  They had tried to mitigate the noise and had blacked out the window.  Staff passed through the fire exit at the rear and complaints were received.  These staff had been dismissed.  They received few complaints considering the amount of activity in the building and these were mainly from two residents.  Piano works was open until 4am.  The current event had not caused the previous issues.  It was accepted that the licensing inspection was not their finest hour. The fire service had given an exemplary report.  It was noted that an application had not been made for an extension of hours for regulated entertainment.

The licensing officer reported that, as a variation for regulated entertainment had not been applied for, proposed condition 7 could be removed and additional conditions added regarding new entry times and only ticket holder entry to regularise this position.  These amendments were agreed by the applicant.

RESOLVED

a) That the application for a premises licence variation in respect of Theatre Delicatessen, 119 Farringdon Road, EC1 be granted to permit, in the basement until 19 Dec 2015 only,

i)       The premises to sell alcohol on the premises only, from 12:00 to midnight Wednesdays and Thursdays and from 12:00 to 01:00 Fridays and Saturdays;

ii)      The supply of late night refreshment from 23:00 to midnight Wednesdays and Thursdays and from 23:00 to 01:00 Fridays and Saturdays;

iii)    Opening times of 09:00 to midnight Wednesdays and Thursdays and 09:00 to 01:00 Fridays and Saturdays.

b) The following conditions shall be applied to the licence.

·        Conditions of the current premises licence;

·        Conditions as outlined in appendix 3 as detailed on page 71 of the agenda with the following amendments.

Condition 7 be deleted.

Additional conditions. 

·        There be no new entry for customers after 10pm.

·        Only bona fide ticket holders will be allowed on the premises.

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 1 and 2.  The premises fall under the Bunhill and Clerkenwell cumulative impact area.  Licensing policy 2 creates a rebuttable presumption that applications for variations to 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 applicant amended the application to reduce the hours and limit the time period to the 19 December 2015.

The Sub-Committee also considered licensing policies 6, 7 and 8 regarding licensing hours and licensing policy 18 regarding noise control.

The Sub-Committee noted that there had been a recent inspection and licensing officers found some contraventions to the licence. The Sub-Committee noted the licence holder accepted responsibility for the issues that had shown up during the officer’s inspection and noted the explanation given in this regard and the assurance that measures had been put in place. The Sub-Committee also noted that the application had been delayed due to a mistake with the advertising of the application and that the premises had been providing licensable activities at the premises through the use of TENs.  It was also noted that the licence holders had engaged with local residents who had made representations and were working with them to resolve the issues of noise disturbance that residents had raised.  The Sub-Committee noted the proposed event would be ticketed and the sale of alcohol would be ancillary.  The licence holders agreed to additional conditions restricting entry to the premises.

The Sub-Committee considered that with the imposition of additional conditions and the nature of the event to be provided during the extended hours sought, the variation would not add to the cumulative impact.