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Agenda and minutes

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Items
No. Item

159.

Introductions and procedure

Minutes:

Councillor Nick Wayne welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

160.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Dave Poyser.

161.

Declarations of substitute members

Minutes:

Councillor Phil Graham substituted for Councillor Dave Poyser.

162.

Declarations of interest

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

 

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

 

*(a) Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

 

This applies to all members present at the meeting.

 

Minutes:

There were no declarations of interest.

163.

Order of Business

Minutes:

The order of business would be as the agenda.

164.

Minutes of Previous Meeting pdf icon PDF 255 KB

Minutes:

RESOLVED:

That the minutes of the meeting held on 18 November 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

 

165.

Simmons, 105 Charterhouse Street, EC1 - Premises licence review pdf icon PDF 18 MB

Minutes:

The licensing officer outlined the additional papers that had been circulated following agenda publication. 

 

The applicant stated that he lived two floors above the bar. Prior to the review application, noise from the bar could be heard 15 metres away and his living room was like a disco.  He heard pounding sounds from bass in the basement up until 2am on Thursdays to Saturdays. He believed that the premises used to operate as a vacation rental which could explain why there were only two complaints previously.  This was not a busy street and he had no issues with other premises leading to the Charterhouse. He considered that they should not have failed at the licensing objective of the prevention of public nuisance before they had started operating. He had hoped agreement would be achieved before the hearing. The licensee had arranged an acoustic engineer to make a noise assessment from the property.  He had stated that he was present to assess the statutory nuisance but was not concerned about the disturbance. The applicant did not consider that music played during the test was at the maximum level. He stated that he was concerned regarding the condition that allowed ten patrons outside smoking. He considered that this would lead to further patrons congregating on the street. He also raised concerns regarding the speakers mounted on the walls of the property. He questioned the validity of the noise assessment as he did not consider that the noise levels would be those that would be used in the basement and the engineer had stated that he would not be taking a measurement from the basement.

 

In response to questions, the applicant stated that he had not had any issues recently except on the last Saturday when he could clearly hear sound from the bar despite having earplugs in and a pillow over his ears. He lived three floors above the basement.

 

The Licensing Authority stated that conditions had been agreed with the responsible authorities.  She raised concerns that since Simmons had taken over the premises there had been noisy crowds outside and loud music noise when front doors had been left open. Following lockdown there had been noise complaints and officers had witnessed nuisance in the flat and bass noise in the stairwell. Crowds had not been controlled. She stated that it had improved since November and door supervisors had kept doors closed. Smokers were controlled and when the doors were closed there was only faint noise. She supported the noise conditions agreed and considered that tests should be carried out to see if there was a noise nuisance inside the flat. The noise consultant had recommended a lobby which would help reduce noise escape onto the street.

 

The noise officer stated that noise conditions had been agreed. There had been incidents of poor management where doors and been left open. He considered that ten smokers was a good number for a relatively small pub. Speakers should be isolated from the structure and  ...  view the full minutes text for item 165.

166.

Noci, 4-6 Islington Green, N1 - New premises licence pdf icon PDF 4 MB

Minutes:

The licensing officer introduced the applicants and stated that there were no local residents in attendance. It was confirmed that the interested parties had been sent the notice of hearing and one resident had responded that the representation remained but they would not be attending.

 

The applicant’s representative stated that this was a new licence and it was the intention to surrender the licence if the application was granted.  The hours were considerably less than the current licence and framework hours had been applied for. There was also no application for music. This was a restaurant and not a bar. Conditions had been agreed. There were substantially more conditions proposed for this licence and they focussed on the prevention of public nuisance and crime and disorder. Off sales would be restricted to sealed containers and it was not the intention to permit drinking outside the premises.

 

In response to questions, the designated premises supervisor stated that they may look to deliveries in the future. She would need to look at the issues regarding non-motorised deliveries but she stated that this was not a high traffic area. Pasta meals would start from £8 and there was a limited bar offer of beer, wine and a few cocktails. The most expensive pasta dish was £16. There was a big focus on food and ingredients and there was no vertical drinking. Any deliveries would be based around a food kit offer rather than a meal. It was not the intention to sell alcohol only as a takeaway. A minimum spend of £10 for takeaways was not considered unrealistic. Delivery conditions numbers 24-26 had been proposed.

 

RESOLVED

1)      That the application for a new premises licence, in respect of Noci, 4-6 Islington Green N1, be granted to allow:-

 

a)    The supply of alcohol, on and off supplies, Sunday to Wednesdays from 8am until 11pm and Thursdays to Saturdays from 8am until midnight.

b)    The provision of late night refreshment, Thursdays to Saturdays from 11pm until midnight.

c)    The premises to be open to the public Sunday to Wednesday from 8am to 11.30pm and Thursdays to Saturdays from 8am until half past midnight.

d)    To allow non-standard timing for authorised activities from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

2)      That conditions detailed on pages 84 to 86 of the agenda be applied to the licence with the following amendments:-

 

Condition 24. The licensee shall ensure that no internal combustion engine vehicles are used for deliveries from the premises.

 

Deletion of condition 25.

 

Condition 26 to read. Alcohol shall not be sold or supplied via delivery from the premises, otherwise than to persons purchasing food and is ancillary to their meal with a minimum spend of £10.00

 

 

REASONS FOR DECISION

This meeting was facilitated by Zoom.

 

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  ...  view the full minutes text for item 166.