Agenda item

The licensing officer reported that the application was time limited and the applicant would be vacating the site on the 31 July 2022.  The conditions proposed by the Licensing Authority had been agreed. 

The applicant stated they would move back to Somerset House after the short lease at Vernon Square.  It was stated that this was a small university with about 550 students and had a summer school programme. One off celebratory events may be held where alcohol could be consumed e.g. the ResFest event recently held. These events would be ticketed and would not be freely accessible.  The applicant would be keen to build up relationships with residents.  Music would be played at events.

In response to questions, it was noted that the ResFest was an annual event and next year it would be held in Dundee. There would be a limited number of end of term or celebratory events.  The exit was a small gate next to the church but had 24hour security, CCTV and they were very engaged with the church.  They expected 500 people at events but it would be rare to reach this top limit and not all patrons would leave at the same time.  It was noted that proposed condition 2 should read per 100 persons attending events.  The applicant agreed that if a maximum limit of an 800 people capacity was a concern this number could be capped at 500 for one off events.  It was noted that the temporary event was held for 500 persons. The applicant admitted that they had not been aware that the premises was in a cumulative impact area.  Additional security would be arranged for events as necessary.  The applicant would not be seeking to hire out the venue for private events such as weddings. Events would need to be compatible with their ethos and mission and would need to be considered as appropriate eg. events aligned with the art world or with another university.  The applicant accepted that bagpipes had caused an issue for residents on their opening party but lessons had been learned.  Music had been played using a temporary event notice but it was on the top floor and away from the residential side of the premises.  Music for events would not be amplified.

RESOLVED

1)     That the application for a new premises licence, in respect of Courtauld Institute of Art, Vernon Square, WC1X 9EW, be granted to allow:-

a)    The provision of films from 6pm until 10pm Monday to Friday from 10am until 10pm.

b)    The provision of live music from 6pm until 10pm Monday to Sunday.

c)    The provision of recorded music from 10am until 10pm Monday to Sunday.

d)    Opening hours to be 9.30am to 10pm Monday to Sunday.

2)     That conditions detailed on pages 85 of the agenda shall be applied to the licence with the following amendments:-

·         Addition to condition 1 – Door supervisors shall be employed at the rate of 1 every 100 persons with a minimum of 2.

·         Condition 2 to read. The premises shall employ at least one first aid trained person per 100 persons attending events.

·         A dispersal policy must be agreed with the licensing team prior to the operation of the licence.

·         Events be limited to a maximum of 500 persons.

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 application was for the licence to be for a limited period, ending on 31^st July 2022.

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Kings Cross 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 operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Sub Paragraph 12 of Policy states that the presumption created by this special policy does not relieve the responsible authorities or other persons of the need to make representations. The Policy states that if there are no representations, the licensing authority must grant the application in terms that are consistent with the operating schedule.

The applicant must comprehensively demonstrate why a new licence would not add to the cumulative impact.

The policy in relation to the Kings Cross Cumulative Impact area sets out possible exceptions to the CIA policy, which include premises that are not alcohol led and premises with hours of operation that are consistent with framework hours.

The Sub-Committee took into consideration that the applicant required the licence for events at the Institute which would be associated with the business conducted at the Institute as well as the desire to hire out the premises on occasion. The Sub-Committee further considered that the hours of operation applied for fell within the framework hours.

Conditions had been agreed with the Council’s Noise Team, Trading Standards Team and the Licensing Authority prior to the Committee hearing.

The Sub-Committee noted that there had been a complaint in the past about noise emanating from the premises. The applicant had now agreed a condition with the noise Team stating that there should be no outside entertainment after 21:00 and that any music and other sound including voices generated outside would not be amplified. In addition, an agreed condition stated that noise or vibration must not emanate from premises so as to cause a nuisance to nearby premises. The conditions further provided that in the event of an amplification being necessary for outside performances, a noise control plan would have to be implemented to the satisfaction of the Council’s pollution team.

The Sub-Committee was concerned that the application made no reference to a dispersal policy and was of the view that this was required in light of the potentially high number of people that could attend the events at the premises.

The Sub-Committee decided that in light of the facts set out above that it would be reasonable and proportionate to grant the application subject to the conditions set out in Appendix 3 (as amended) with the additional condition that a dispersal policy be agreed prior to the operation of the licence.