Agenda item

The licensing officer reported that the applicant had emailed additional conditions in response to the interested parties.  These were tabled and would be interleaved with the agenda.

The interested parties raised concerns that the rooms proposed to be licensed would be next to the bedrooms on adjacent buildings, that the outside space would not be able to support an additional number of people in the smoking area and also that the waste area in Yardley Street was frequently overloaded. Concerns regarding the use of the roof area were also raised and residents stated that a plan of the proposal was not available so residents were unable to obtain an idea of numbers and the number of toilets available to patrons.  It was considered that noise from the roof area would carry to neighbouring properties.

The applicant stated that the flat roof was not going to be used and the rear of the building would not be accessible to patrons.  Their waste was not disposed of in Yardley Street and the overflowing rubbish did not belong to them.  There would be two rooms on the first floor set out in the middle of the premises and not adjacent to residential properties. There would be no change to the hours or the licensable activities and additional conditions had been proposed in additional to those detailed in the report. Previously, the premises had been a live music venue which had caused nuisance to residents but it was now a gastropub with a 45% drink and 55% food sales ratio. On the ground floor there were 80 seats available for dining and 70 standing on a very busy night.  Customers were managed as best as possible with 3 to 7 staff on duty on a Friday.  The hours of 5 to 7pm were the busiest with 2 or 3 staff dedicated to the outside space at this time.  If any customer had been caught urinating outside the premises they would be barred. The rooms were to be used as a private dining facility with some daytime use for management meetings.  The dining room could hold 14 people and it was expected that there would only ever be one event between the two rooms except at Christmas. When two rooms were used it was expected that one room would be used for pre and post drinks. This was not an overspill for the public house and it was expected that existing patrons would be those making bookings for the upstairs facility.  There would be a modest increase in capacity.  Conditions put forward by the noise team and trading standards had been agreed.  They would not have DJs and live music would be limited to 1 or 2 musicians and would likely be just a few times a year.  Management plans would be drawn up for the first floor rooms and the outside area.  Dining was limited to 14 persons. Customers were not permitted to use the rear of the building. Most food bookings would end at 10pm but the applicants would prefer the flexibility of later hours. There was a very small area for vertical drinking. The applicant referred to the Home Office guidance which stated in paragraph 14.44 that a small restaurant may not add to the cumulative impact and the grant of the application would not undermine the licensing objectives.

In response to questions it was noted that all windows had keys and would be locked from 7pm.  The bedroom next to the dining room was used by an employee.  There would be 14 people dining on one table and the second room would be for pre and post drinks.  If the dining room was used for meetings during the day, the second room could be used for a break out area.  40 people upstairs would be the maximum.  It was considered that the reality would be that the rooms would be used for dining and pre-greet.  Room 1 could hold 20 people and Room 2 had a fixed dining table which could hold 15 or 16. The maximum numbers would be, for example, a canapé party in Room 1 with a full dining room in Room 2.  The Sub-Committee noted that core hours were less than those hours proposed. Tables and chairs outside the premises were on their own curtilage. 

In summary the resident stated that outdoor furniture was loose and did block the pavement. 

The applicant agreed to a maximum 28 capacity in the upstairs rooms and hours in line with the licensing policy core hours:- to 11pm Monday – Thursday, midnight Friday and Saturday and on Sunday to 10.15/10.30pm.  It was noted that there would be a management plan for the outside space and there would be no live music amplification for these rooms.

RESOLVED

1)     That the application for a new premises licence, in respect of Wilmington Arms, 69 Rosebery Avenue, EC1R 4RL be granted to allow:-

a)    To add a function and dining area to the first floor area with the following hours.

·                The provision of films, live music and recorded music from 8pm until 11pm Monday to Thursday, from 8pm until midnight Fridays and Saturdays and from 12 noon until 10.30pm on Sundays.

·                Late night refreshment from 11pm until midnight on Fridays and Saturdays.

·                The sale by retail of alcohol for consumption on and off the premises from 8am until to 11pm on Monday to Thursday, from 8am to midnight on Friday and Saturday and from 10am until 10.30pm on Sunday.

·                Amplified live music to be excluded from the provision on the first floor.

2)     That conditions detailed on page 61 of the agenda shall be applied to the licence with the following additional conditions as tabled at the meeting.

a)    The management will draw up and implement a private dining room policy (the policy) for the first floor rooms. The policy will include reference to any conditions on the premises licence that relate to the use of the first floor dining rooms and any management procedures to be implemented to ensure compliance.  Copies of the policy will be retained on site and available for inspection to the responsible authorities on request.

b)    The management will draw up and implement an outside area management plan (the plan).  The plan will include reference to any conditions on the premises licence that relate to the use of the external area and management of customers outside.  Copies of the plan will be retained on site and available for inspection to the responsible authorities on request.

c)    The first floor rooms will be used solely for pre-booked functions requiring a paid deposit.

d)    With the exception of 1 November to 1 January, bookings will only be permitted for a single party to use the first floor at any one time.

e)    Between the 2 January and 31 October there will be no more than 20 guests permitted to use the first floor rooms at any one time.  Between 1 November to 1 January, the maximum capacity for guests of the first floor will be 28.

f)     Customers will not be permitted access to the rear of the building (unless in an emergency) and will not be able to use the first floor roof (unless in an emergency).  Emergency doors will be alarmed.

g)    When in use the first floor rooms will be serviced by a dedicated member of staff overseen by a manager.

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 operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Nine local resident objections had been received.  There had been no representations made by the responsible authorities.

The Sub-Committee heard from the interested parties that the public house was in a residential area.  They raised concerns that the rooms which were proposed to be licensed were next to bedrooms in adjacent buildings. The outside space would not be able to support the additional patrons and that waste in Yardley Street was frequently overflowing. They also raised concerns regarding the use of the roof.

The Sub-Committee noted that the hours requested were outside core hours and the applicant agreed to bring them in line with the core hours detailed in licensing policy 6.

The Sub-Committee heard evidence from the applicant that the flat roof was not going to be used.  The proposal was to licence two small rooms upstairs. The most common use proposed was to use one as a dining room which would hold 14 patrons seating and the other to be used for pre-drinks or post drinks for those diners.  The applicant accepted a 28 maximum capacity in response to concerns raised rather than the 40 maximum proposed. The applicant also stated that it was proposed that there would be a management plan to manage the outside space and that the rubbish in Yardley Street was not the area that their rubbish was kept. 

The Sub-Committee was satisfied that the licensing objectives would be promoted and concluded that with the reduction in hours and with the additional conditions proposed, it was proportionate and reasonable to grant the application.