The licensing officer reported that an additional submission from the applicant had been circulated.
The local resident reported that they lived near the premises and there were a number of bars nearby that were open until 3am. The resident had been unable to sleep and this had been happening for several years. Customers made the most noise outside the Old Queens Head and he was concerned about the extra hour to serve alcohol on a Saturday evening and the extra half an hour in opening time. He could appreciate the reduction in hours during the week but stated that the premises was usually closed during that time anyway and the problems were much worse during the weekend. If the licence was granted, other local premises would also apply. He understood the Covid 19 revenue issues but stated that these times were a big issue for residents. He noted that it was stated that there had been no complaints but he had called the noise team several times at 3 or 4 am and these calls should be logged. An extension in hours would make the situation worse.
In response to questions, it was noted that he had complained to the anti-social behaviour team in summer 2019. He would have called them more often but there was a balance between trying to sleep and calling the noise team. Customers stayed outside until 3 or 4 am and now the time was being further extended. It was noted that in the case of The Winchester, local residents had lodged a review of the licence. The licensing officer confirmed that there was no record of the noise team writing to the premises formally since the last application and the resident confirmed that he was not aware of the submission of any formal complaints.
The applicant’s representative stated that the premises was facing insolvency and had made proposals that tailored this application for the cumulative impact area. All responsible authorities had been satisfied but he was aware that he needed to satisfy the Sub-Committee. The applicant was asking for an extra hour of trade on Saturday night, their best evening, and in return they were reducing the terminal hour by a total of three hours on Monday to Wednesday evenings, offering a net reduction in hours. In addition, they had also accepted additional police conditions. The responsible authorities had not objected and the noise team had previously made suggestions which had been taken on board. They had also traded for the extra hour on four occasions in the past 18 months and there had been no complaints. This was not the same type of premises as the Winchester. It was a more peaceful demographic and there had been no complaints. Exit procedures were well controlled and senior management were present. There had been one resident complaint against this application and the licensee would be happy to work with him. There was no supportive evidence of issues. The representation made by Councillor Klute was based on issues from the Winchester. It was stated that this was an entirely different situation. The Winchester had been reviewed by residents and with the support of the responsible authorities. This was an entirely different case. The application was for one added hour on a Saturday for those licensable activities as detailed on page 7 of the report with an additional half hour on Saturday to opening hours. In response to a question from the legal officer it was confirmed that there was no application for an additional hour on a Saturday for live music.
In summary, the resident stated that the extension should not be granted. This would make a case for granting similar extensions and would make existing issues worse. He asked the Sub-Committee to visit the area at 3am and see what it was like for themselves.
The applicant’s representative stated that the Sub-Committee base their decision on the facts. There had been no objections from responsible authorities and only from one resident. The premises had been operating for sixteen years without causing any issues. The objector had not contacted the licensee who would have rectified any issues if informed. This would not be a precedent as each case was decided on its merits.
1) That the application for a new premises licence, in respect of the Old Queens Head, 44 Essex Road, N1 8LN be granted to allow:-
a) The sale of alcohol, on & off supplies, Mondays to Wednesdays from 10:00 until 01:00, Thursdays & Fridays from 10:00 until 02:00, Saturdays from 10:00 until 03:00 and Sundays from 12:00 until 02:00;
b) The provision of live music, Mondays to Wednesdays from 18:00 until 23:00, Thursdays & Fridays from 18:00 to 00:00, Saturdays and Sundays from 12:00 to midnight.
c) The provision of recorded music, Mondays to Wednesdays from 12:00 until 01:00, Thursdays & Fridays from 12:00 until 02:00, Saturdays from 12:00 until 03:00 and Sundays from 12:00 until 02:00.
d) The provision of late night refreshment, Mondays to Wednesdays from 23:00 until 01:00, Thursdays & Fridays from 23:00 until 02:00, Saturdays from 23:00 until 03:00 and Sundays from 23:00 until 02:00 and
e) The premises to be open to the public, Mondays to Wednesdays from 10:00 until 02:00, Thursdays & Fridays from 10:00 until 03:00, Saturdays from 10:00 until 03:30 and Sundays from 10:00 until 03:00.
f) The following non-standard timings for Sale of alcohol, Recorded Music Late Night Refreshment and the hours open to the public on:
2) That conditions detailed on pages 37 and 38 of the agenda shall be applied to the licence.
REASONS FOR DECISION
This meeting was held under regulations made under the Coronovirus Act 2020 and it was facilitated by Zoom.
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.
One local resident objection had been received and an objection from a Ward Councillor. There had been no representations made by the responsible authorities at the hearing.
The Sub-Committee heard evidence from the resident that he had called the anti-social behaviour team on several occasions and the last time he had called them had been summer 2019. The resident gave evidence that he was disturbed by noise late at night particularly at weekends.
The Sub-Committee noted that the applicant was offering up three hours of trading, Monday to Wednesday, with a proposal for an extra hour of trade on Saturday with an additional thirty minutes closing time. The Sub-Committee concluded that therefore the variation would not add to the existing cumulative impact. The Sub-Committee were satisfied that the applicant provided a high standard of management in accordance with Licensing Policy 8. The Sub-Committee also noted that there had been no formal action by the noise team regarding any complaints of anti-social behaviour and conditions proposed by the Police had been agreed.
The Sub-Committee concluded that the granting of the variation of the licence with the agreed conditions was reasonable and proportionate and would promote the licensing objectives.