Agenda item

The licensing officer reported that this was an application to change the layout and to extend the hours Thursday to Sunday mornings from 9am.  Conditions had been agreed with the police. A letter outlining the business concept and a menu was tabled and would be interleaved with the agenda.

A local resident stated that she had been disturbed by noise from builders for the past five months. She had never had such poor relations with the occupiers previously.  The area was not short of restaurants, bars or nightclubs but was short of accommodation.  In Upper Street, noise could be heard up until 4am despite triple glazing and earplugs.  Deliveries then started very early in the morning.  There was a lack of space for pedestrians due to the litter and tables and chairs outside. There should be more consideration for residents.

In response to questions it was noted that the resident heard noise from the refurbishment and the restaurant. The manager was not present all the time to address complaints. The resident above the restaurant had stated that the noise was awful as the acoustic boards did not work.  Staff hung around outside smoking.  The smell of cooking was horrendous.  The builders had agreed that the noise was shocking. The resident had the contact details and made complaints on a daily basis.  She considered she had not been treated very well by the licensees.

The applicants stated that this was a family run business.  Speakers could be regulated separately.  They had checked noise levels with the father of the occupant of the flat above and he was happy.  They would wish to have a good relationship with other occupiers.  They were a high end restaurant.  The applicant admitted there were problems with the speakers initially but removed the ceiling speakers. The bar manager had won an award for his drink and hours were requested to provide a signature drink with brunch. They had problems with the flat roof leaking into their premises and this had been resolved.  New extraction fans were installed. 

In response to questions it was noted that as a restaurant it was not expected that smokers would stand outside.  There was a nightclub next door and smokers would share their space with the occupants of the nightclub.  A table licence had been applied for. Some work had been carried out on the objectors door which the builder had not yet completed.  Deliveries of fresh fish were made from Cornwall and the deliverer would be asked to be as quiet as possible.  All other deliveries were made during the day.  A shutter had been installed so that customers from other premises would not urinate in the porch area.

In summary, the resident reported that there was constant noise from traffic and constant vibration which she accepted was not all the fault of the applicants.

The applicant stated that the objections did not revolve around the licensing hours.  Any complaints had been addressed and dealt with quickly. 

RESOLVED

1)   That the application for a premises licence variation in respect of The Galley Restaurant, 105-106 Upper Street, N1 1QN be granted to permit:-

a)     The sale by retail of alcohol to commence from 09:00 Thursday to Sundays;

b)     To allow the revised authorised layout.

2) Conditions as outlined in Appendix 3 as detailed on page 227 of the agenda shall be applied to the 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 local resident expressed concerns about the noise escape from the venue and the noise from deliveries in the morning.  She stated that there was increasing noise from the venues and from traffic in Upper Street.

The Sub-Committee heard from the applicant that speakers had been removed from the ceiling of the venue and noise levels agreed with the flat upstairs. The request for earlier hours was to enable the restaurant to serve Bloody Marys with the brunch menu. The applicant stated that they had listened to the local resident and taken her comments on board.

The Sub-Committee were satisfied that the licensing objectives would be promoted with the grant of the variation with the additional conditions imposed.