Agenda item

The licensing officer reported that the noise and police conditions had been agreed with the applicant.  A certificate of lawful use for planning consent had been applied for and the licensing team could confirm that the premises had been operating to the hours requested for over ten years.

The applicant’s representative advised that the licence holder had gone away owing money and had refused to transfer the licence.  A new ‘shadow’ licence had therefore been applied for which had additional police and noise conditions.  A new tenant was proposed who was unlikely to make full use of the late hours.

RESOLVED

1)     That the application for a new premises licence, in respect of 38 Charterhouse Street, EC1M 6JH be granted to allow:-

a)      The supply alcohol for consumption on and off the premises: 9am to midnight Sunday to Wednesday, 9am to 2am on Thursday, 9am to 4am on Friday and Saturday.

b)      Late night refreshment, 11pm to midnight on Sunday to Wednesday, 11pm to 2am on Thursday, 11pm to 4am on Friday and Saturday.

c)      Showing of films 9am to midnight on Sunday to Wednesday, 9am to 2am on Thursday, 9am to 4am on Friday and Saturday.

d)      Live music from 9am to midnight Sunday to Wednesday, 9am to 2am on Thursday and 9am to 4am on Friday and Saturday.

e)      Recorded music 9am to midnight Sunday to Wednesday, 9am to 2am on Thursday, 9am to 4am on Friday and Saturday.

f)       Performance of dance 9am to midnight Sunday to Wednesday, 9am to 2am on Thursday, 9am to 4am on Friday and Saturday.

g)         Opening hours to be:-  9am to half past midnight Sunday to Wednesday, 9am to 2.30 am Thursday and 9am to 4.30am Friday and Saturday.   

2)     That conditions detailed on pages 56 – 59 of the agenda 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 Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Clerkenwell cumulative impact area.  Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

The Sub-Committee noted that the premises were currently licensed to the same hours as detailed in the application which had been in place for over ten years. The applicant had explained that this application was for a ‘shadow’ licence.  The reasonfor this was that the previous licence holder had refused to transfer the licence to the applicant unless the applicant paid him £25000 and therefore it was easier for the applicant to seek a new premises licence.

Sixteen local resident objections had been received but the licensing Sub-Committee noted that no residents attended. Conditions had been agreed with the police and the noise team.

The Sub-Committee noted that the application for a shadow licence provided the opportunity for robust conditions to be added which also dealt with the concerns of the residents. 

The Sub-Committee considered that with the addition of these new conditions there would be no negative cumulative impact on the licensing objectives. It also considered that this was an exceptional situation.

It was appropriate to the licensing objectives, proportionate and in the public interest to grant the premises licence.