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Agenda item

Islington Square, Esther Anne Place, N1 - application for a new premises licence

Minutes:

One resident raised objections on the grounds of public nuisance.  They stated there would be an impact on residents in a densely populated area. There had been no clarity with regards to the number of people and the management of noise and traffic. This was a densely populated area with narrow streets.  Lighting or sound could not be controlled.  The residents had been informed that it would be impossible to control numbers.  This had been marketed similarly to Covent Garden events but this was not located in the same type of area. A second resident stated that there would be public nuisance.  The applicant would have no control over the dispersal from these events and no control over numbers attending.  They considered that, if the application was refused the applicant could use temporary event notices which would not prevent them from holding these events. The Sub-Committee was asked to consider licensing policies 21 and 22 in relation to public nuisance or restrict events to the arcade area and to 8pm. They asked the Sub-Committee to consider licensing policy 25 in relation to dispersal.  No recorded music should be heard outside of the site boundary. It was further noted that there had been a marked increase in people loitering outside, over the past six or seven months with people sitting on windowsills during the day.  The residents would be very concerned if this was to be replicated during the evenings. 

 

The applicant stated that they would not be adding to the cumulative impact.  These events would be part of the opening of Islington Square, the new anchor for the Town Centre.  There was to be a cinema, gym, offices, the Theatre and 300 apartments.  They would need to attract local people into the development and off their laptops. There would be art, furniture, photography classes, Christmas food etc.  They would want to be neighbourly and have planning conditions to protect amenity.  During the evening they would have onsite security and a management plan. If the application was successful, the licence would commence in October as the consultation period had been extended. They were taking steps to manage the smoking areas for construction workers. The smoking areas would be on the estate once opened. Security would be encouraging patrons to exit via Upper Street. Conditions had been agreed with the noise service.  Residents would be living on the estate and they would want to keep noise to a low level.  They consulted with the residents and met on a monthly basis. There would be a security team in place, CCTV and the police would also have an office on the estate which they could work from.

 

In response to questions, it was noted that there would be a phased opening.  Events would be mainly small with approximately 60 people.  Mainly ticketed events. There was expected to be a large event around Christmas for 500 people with amplified music for a community choir and a jazz performer. It was noted that 499 people would be the maximum allowed.  This would not be a regular occurrence.  This was a time limited application.  They did not wish to apply for a permanent licence. It was noted that not all events would be ticketed.  Police would be notified of events and it was agreed that residents could also be notified. Deliveries would be finishing at an earlier time.  Some units were keen to do cookery schools and it would be helpful if this type of event finished at 10pm to allow for greater flexibility, although it was accepted that events outside of the shop units could curtail at 9pm.

 

In summary, the residents stated that there had been a lack of clarity and there had been little reassurance.  They urged the Sub-Committee to refuse the application.

 

RESOLVED

1)     That the application for a time limited new premises licence, in respect of Islington Square, Esther Anne Place, N1 be granted until 29 February 2020 to allow:-

 

1)         The provision of regulated entertainment in the performance of plays, the showing of films and the performance of live music Monday to Sunday from 12 noon until 9pm. 

2)         The provision of regulated entertainment by the playing of recorded music Mondays to Saturdays from 12 noon until 9pm and Sundays from 12 noon until 8pm.

3)         The provision of regulated entertainment for the performance of dancing Mondays to Sundays from 12 noon until 8pm.

 

That conditions on pages 171 and 173 of the agenda shall be applied to the licence with the additional conditions as follows:-

 

To reduce the permitted hours for all proposed activities in the area indicated on the map to 12:00 to 21:00 hours on any day, to allow time for dispersal.

 

To amend Annex 1 condition 7 to include representatives of neighbouring residents’ associations and any residents’ association for occupiers of Islington Square.

 

To amend the period for no collections or deliveries in Annex 3, condition 4 to be between the hours of 9 pm and 8 am.

 

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 Angel and Upper Street 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.

 

Seven local resident objections and two local resident associations had been received.  There had been no representations made by the responsible authorities.

 

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

 

The Sub-Committee heard evidence from the residents, who objected particularly on the grounds of public nuisance, that there would be a great impact on residents in a very densely populated area. There was no clarity on the number of people at the events held. They reported that there had been an increase in the number of people loitering and smoking outside during the day and they would expect this to be exacerbated if there were events held at night.  They asked that the application be refused but, if the Sub-Committee did not refuse the application, the hours should be reduced, resident associations be notified of events and the hours for deliveries be amended.

 

The Sub-Committee heard evidence from that applicant that these events were part of the opening of Islington Square.  Events were expected to be small with some events would be ticketed with limited numbers. There was expected to be one event near Christmas with 500 people expected that required amplified music.  The applicant agreed that proposed activities could be limited to 9pm on any day to allow for dispersal, that resident’s associations be notified of events and that the hours for deliveries be reduced. A security team would be in place during the evening and would be encouraging an exit of patrons via Upper Street to reduce impact to Almeida and Studd Street.

 

The Sub-Committee concluded that the application for a time limited premises licence with the proposed expiry date of 29th February 2020 could be permitted so long as it was subject to the conditions as proposed including the amendment to Annexe 1 paragraph 7, limiting the licensed hours to 21:00 to permit dispersal from events.  The Sub-Committee was satisfied that the licensing objectives would be promoted and that therefore it was reasonable and proportionate to grant the licence.

 

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