Agenda item

The noise officer reported that there was no current licence for the premises and therefore no conditions could be imposed on a temporary event notice.  There was no planning permission to convert the gallery. It was located near Goswell Road in a very residential area.  It had been stated that 40 people could attend the event and it was considered that there was insufficient means of escape and inadequate toilet facilities for this number of people.  Sound insulation would not be checked by an acoustic engineer and the sound insulation that was to be provided was not known by the noise team.  No plans had been provided so it was not known how many people the venue could hold.

The applicant stated that he was experienced in operating late night events.  SIA door supervisors would be used and he had experienced only one police call out in four years.  He stated that their behaviour would impact as little as possible on the surrounding area.  This was a short let and was the only event to be held this year. The police had not objected following consultation and responding to their concerns.  Although conditions could not be applied they could operate with those in mind.  The event was expected to finish at 6am and customers would go by cab to a pre-advertised after party event in Dalston.  Planning consent was not specifically required for a temporary event notice as long as there was not a permanent change in use. They were consulting with the fire brigade regarding the safe capacity and would meet with them shortly. He quoted the home office guidance paragraph 2.11 which stated that safe capacities should only be imposed where appropriate.

In response to questions it was expected that a limit of approximately 15 would be allowed in the smoking area.  Most residents were expected to be away.  A security guard was also the Head of the Residents Committee and would liaise with residents. Sound proofing would be applied to windows. The applicant stated that the numbers would not exceed 240 persons in line with the risk assessment from the Fire Brigade as tabled at the meeting.  This would be interleaved with the agenda papers.  It was noted that the premises was about three toilets short for the number of customers.  If there was an audio leak the music would be decreased.  There was a long corridor which would help restrict noise escape.  A reduction in hours would not be possible as a second party followed on at 6am.  The applicant stated that it was not in his interests to fail to agree with the authorities.

In summary the noise officer stated that the venue was not known for its use as a club.  There were noise concerns. Sound insulation works would not be checked by an acoustic consultant.

The applicant stated that it was not in his interests to create problems.  The sound insulation had been tested in venues.  This was a one off event.  The lease ran until May.  There had been no other issues with other events. 

RESOLVED that the application for a temporary event notice in respect of The Hoxton Gallery, 59 Old Street, N1 1DR, as modified to allow a maximum of 240 persons, be granted.

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 noted that the applicant had reduced the numbers in the premises to 240 persons. The Sub-Committee noted that the applicant had made contact with the fire service to seek guidance in relation to the risk assessment. The Sub-Committee noted the limited toilet facilities at the premises.  The Sub-Committee noted the applicants’ previous experience in managing events.  The applicant stated that the sound insulation to be used in the premises had been previously tested in four venues successfully.  If there was an audio leak, music volume would be reduced.  The applicant stated that it was not in his interests to cause problems in the area as he needed to be known as a responsible operator by the authorities.  The Sub-Committee noted that this was a one off event for New Years’s Eve.

In granting the application the Sub-Committee had a clear expectation that the applicant would work closely with all authorities in order that the licensing objectives of public safety and the prevention of public nuisance would be promoted.

Note of the Sub-Committee

The Sub-Committee had an expectation that the applicant would work closely with the fire authority and the licensing authority and would be guided by their advice.