Agenda item

The Sub-Committee noted that there was only one resident objection remaining to this application. 

The application was to extend the licence to include the ground floor. 

The resident stated that he did not want noise from customers and smokers outside until 3am making it difficult for residents to sleep. 

The applicant’s agent stated that the premises had been purchased two years ago.  There had been an issue in July 2014 regarding noise but there had been no complaints since.  Acoustic work at a cost of £10000 would be carried out.  The application was for an extension for regulated entertainment so conditions regarding drinks outside were not within the scope of the application; however the applicant was happy to agree the additional conditions. There was currently no restriction on smokers outside.  Drinks would not be allowed outside after 11pm. 

In response to questions, the applicant agreed to a condition to restrict the number of smokers after 11pm.  Staff had been good at managing the outside areas and no complaints had been received.  The outside space was visible from inside the premises. Once furniture was removed from outside, customers did not stay outside for a long period.

In summary, the resident stated that he could hear music when customers entered or left the premises.  He stated that 20 smokers would be difficult to manage after 11 pm.

The applicant stated that he had engaged with the responsible authorities and interested parties.  There had been no representation from the police and eight conditions had been agreed which were beyond the scope of the variation.  The application had brought in very significant controls which would promote the licensing objectives.  He agreed an amendment to condition 7 to restrict the number of smokers outside after 11pm.

RESOLVED

1) That the application for a premises licence variation in respect of Joker of Penton Street, 58 Penton Street, London, N1 9BZ be granted:-

a) To amend the premises licence so as to allow all currently authorised activities and hours to be extended to include the ground floor.  

b) Allow an additional hour to the standard and non-standard times on the day when British summertime commences.

c)   Update the company’s registered address to:-

       Global House, High Street, Crawley, West Sussex, RH10 1DL

2) Conditions as on page 144 of the agenda shall be applied to the licence with the amendment of condition 7 to read.

·        After 11pm, there shall be no more than 20 smokers at any one time outside and the smokers will be supervised.

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 Angel and Upper Street 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.  However, the application did not require the applicant to rebut the presumption.

There was one local resident objection.  He raised concerns in regard to customers smoking outside the licensed premises late at night.

There had been no representations made by the responsible authorities.

The Sub-Committee noted that the applicant wanted to extend the provision of regulated entertainment after 11pm to include the ground floor of the premises.  The Sub-Committee noted that the applicant had held a premises licence for two years with extended hours which had not caused concerns in the past.  The Sub-Committee noted that the applicant had worked with the Council’s noise team and had agreed conditions which would promote the licensing objectives of prevention of public nuisance.

The Sub-Committee considered licensing policy 9 and 10 regarding standards of management, licensing policy 18 relating to noise and licensing policy 20 relating to smoking, eating and drinking outside and were satisfied that the grant of the variation, with the conditions agreed with the noise team and the amended condition relating to smokers outside the premises, would promote the licensing objectives.