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Agenda item

New Rose Public House, 84-86 Essex Road, N1 8LU - New premises licence

Minutes:

The licensing officer reported that additional papers from the applicant had been circulated. He reported that representations on pages 41 and 42 had not been withdrawn.  The interested party who had submitted the representation on page 44 was present at the meeting.  The interested party regarding the representation on page 40 had withdrawn all concerns except for those regarding the rear garden.  He had stated that the proposed closing time of 9pm for the rear garden was better but it should preferably not be used at all.

 

The noise officer reported that the conditions with the applicant were mainly agreed apart from 15/16 and 17 on the tabled paper from the noise team.  She stated that Essex Road was noisy but as you moved behind the premises, away from the main road, it became a quiet residential area with few cars. Noise from the patrons would be dominant and would cause a nuisance.  Regarding proposed condition 16, it was stated that 9pm was a compromise. Customers would need supervision and could disturb residents. Regarding the front area, she had agreed an 11pm clearing time.  She stated that conditions 16 and 17 had not yet been agreed and she raised concerns about BBQ smells creating a public nuisance so near residential properties.

 

The applicant stated that the issue for both parties was the difference in time between 9 or 10pm for the garden at the rear.  The timing for the beer garden was already existing at 10pm and had received no complaints. If complaints were made, then the hours could then be reconsidered.  The beer garden was not a large space.

 

The legal officer advised that, as this was a variation application, it could be argued that it may not be reasonable to reduce the closing time in the rear garden by one hour. The rear garden was not on the existing plan, however, this was not a statutory requirement unless there was a bar in the garden. The Sub-Committee could decide if it was reasonable and proportionate to amend the timing on the rear garden.

 

The applicant stated that there was no evidence that the rear garden had caused any problems.  It had been used before September and the noise team would have been aware of issues if there had been any. If complaints were received the premises could be reviewed. 

 

It was noted that the main concern for the resident who lived near to the premises was the use of the garden. The resident in attendance at the meeting had stated that the garden had been used previously.

 

In response to questions, it was noted that the beer garden had been previously used for a considerable period of time and there had been no evidence submitted that it would cause a problem before 10pm.  It was noted that the new licensee had moved in during October 2019. The noise officer disputed that the garden had an established use.  This was a densely occupied and quiet area and she would be concerned if the rear garden was used seven days a week.

 

In summary, the noise team asked that the rear garden be closed at 9pm or not used at all. She agreed that the outdoor curtilage at the front be used until 11pm. The licensee reported that the dining room was at the rear of the premises and it was expected that diners would use the rear area to go outside rather than the front area which was noisier.

 

Following a short adjournment, the Sub-Committee returned to clarify which conditions should be considered during deliberation.  For ease, it was agreed that the conditions detailed in the proposed operation schedule as tabled by the applicant be used. These would be interleaved with the agenda papers.

 

RESOLVED

1)     That the application for a premises licence variation, in respect of New Rose Public House, 84-86 Essex Road, N1 8LU be granted to allow:-

·         the sale of alcohol, on & off the premises on Monday to Wednesday from 11am to 11pm, Thursday from 11am to midnight, Fridays and Saturdays from 11am until 2am and on Sunday from 12 noon to 11pm.

·         Recorded music and live music from Monday to Wednesday from 11am – 11pm, on Thursday from 11am until midnight, on Fridays and Saturdays from 11am to 2am and onSundays from 12 noon to 11pm.

·         Late night refreshment on Thursday from 11pm to midnight and Friday and Saturday from 11pm until 2am.

·         The opening hours of the premises on Monday to Wednesday from 8am to 11:30pm, on Thursday from 11am to 12.30 am, Friday and Saturday from 8am to 2.30am and on Sunday from 8am to 11pm.

·         To amend the layout plan to include rear area and upstairs function room.

·         Conditions as detailed on the operating schedule as circulated shall be applied to the licence with the following amendment to condition 23.

o   The rear yard area shall be taken out of use by 21:00 on Sunday to Thursday and 22:00 on Friday and Saturday.  Any outside furniture in the rear yard area shall be fitted with rubber pads to the bottom of the legs to minimise noise when moved.

·           Additional condition 27. The side doors to Popham Street shall be closed at all times apart from use as an emergency exit and notices shall be displayed on those doors to that effect.

 

 

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.

 

Local resident objections had been received.  One representation had been made by a responsible authority and that was from the Noise Team.

 

The Sub-Committee noted that the additional hour sought was only one half an hour extra on Sundays. The Sub-Committee noted that the Noise Team and the applicant had agreed new conditions for the licence. The only point of disagreement was the use of the rear garden until 10pm.

 

An existing licensing condition permitted use of the outdoor curtilage until 2200.

 

The Noise Team expressed concern about potential noise from the use of the outside area. The Sub-Committee considered the fact that although the use of the outside areas may well disturb neighbours, no evidence was provided to the Sub-Committee that there was or had been a nuisance caused by the use of the outside rear area.

 

The Sub-Committee was satisfied that the granting of the variation with the conditions attached would not negatively impact on one or more of the licensing objectives.

 

It also concluded that the variation of the permitted hours of use for the rear and front of the premises was a proportionate and reasonable decision to ensure the promotion of the licensing objectives.

 

Supporting documents: