Agenda item

The licensing officer reported that the noise officer had withdrawn their objection but due to concerns that had arisen more recently it was deemed appropriate that the noise officer attend the meeting.

The noise officer reported that the application business allowed the use of making deliveries by scooter riders and trolleys using a pedestrianised area. The noise team had proposed a number of conditions but were concerned about the noise from the trolleys. It was noted that times for deliveries had been proposed from 7am until 11pm.

Local residents spoke in objection to the application. One resident stated that there had been 22 objections from a small residential area. There was a pathway of riven York stone at the side of Chapel Market and a resident who lived at the rear stated that they could hear noise from the use of the trolleys. The premises was in the Kings Cross cumulative impact area and there was a presumption for refusal.  The alleyway was only 15 by 5.5 metres and was surrounded by residential accommodation. The applicant had been using small hard wheels on the trolleys but they needed to use soft wheels. The hard wheels would damage the York stone. The resident had no objection to the business being near but considered that they had found the wrong street and needed a more appropriate space. Another resident stated that the alleyway was surrounded by three and four storey buildings and this acted as an echo chamber. Conversations could be heard at various floors. This was an inappropriate place for this type of business. Bedrooms faced the delivery room. Staff had smoking breaks and played music and there would be all day coming and going with deliveries from 7am to 11pm 7 days a week. The cleaner started at 6am, lights were turned on and staff left at midnight. A further resident stated that this was an office being used as a distribution centre in a residential street and an extraordinary choice for the business. The impact on residents was quite significant.

The applicant’s representative stated that this was a delivery company. Goods were ordered and delivered within 10 minutes. The company had applied for about 20 licences. He offered an amendment to the hours of delivery to the premises to be 9am to 4pm. They wanted to be a good neighbour and community asset. The business would keep operating whether or not a licence was granted but a licence would provide safeguards. Noisy vehicles were not used as deliveries were made by e-bikes and bicycles. Staff would stay inside until the order was fulfilled. Deliveries were made by backpack and there would be one delivery made at a time.  The applicant advised that he would be agreeable that the cleaner would not commence work before 8am. The company was also willing to invest in rubber based wheel trolleys with no metal cage. They had been operating under temporary event notices. The company employed delivery drivers directly rather than using uber or deliveroo drivers. This enabled them to control issues if they arose.

The Sub-Committee raised a concern that, should the licence be granted, it would increase the amount of product and thereby increase noise nuisance. In response to questions it was noted that this was a convenient site to reach a ten minute delivery commitment. Alcohol was less than 3% of sales and was not crucial to the business. Soft drinks could also be contained in glass bottles. The operation itself did not add to the cumulative impact. There was no public access or crime and disorder in relation to the business. The responsible authorities had made no objection. It was a delivery warehouse and did not trigger the cumulative impact policy. The sale of alcohol would be to homes where people would be drinking and not the street as would be the case with off-licences. The applicant stated that this was not a big facility warehouse but a dark store. It was a new concept based in highly populated residential areas which provided a service to customers who could not get out to the shops. Customers might buy a bottle of wine to have with their dinner as they would normally. It was accepted that the trolleys used had been an issue but it was considered that this could be resolved by using rubber wheels to get rid of the  noise nuisance. There would be a daily delivery of fresh products but other produce would not necessarily need to be delivered daily. The applicant stated that they would be able to control staff smoking breaks, music outbreak from the premises and that no gorilla bikes would be kept or used in Godson Street.

In summary, the noise officer stated that the applicant had been willing to co-operate and the use of rubberised wheels and the reduction of hours for delivery would improve the noise issues.

A resident stated that they would like conditions regarding bike use outside Godson Street, the use of air filled wheels for the trolleys and the hours of delivery restricted with no deliveries on Sunday. A further objector highlighted his main points in his representation. He raised concerns about the delivery drivers who would need to operate Challenge 25 at the point of delivery and the hours of operation.

The applicant stated that the premises would still remain in that location whether or not a licence was granted. Conditions would be applied to the licence to control the business.

RESOLVED

1)     That the application for a new premises licence, in respect of Gorillas, 8 Godson Street, N1 9GZ, be granted to allow:-

a)     the sale of alcohol, off supplies only, Mondays to Sundays from 8am until 11pm.

b)     The premises to be open to the public Mondays to Sundays from 8am to 11pm.

2)     Conditions detailed on pages 153 to 155 of the agenda shall be applied to the licence with the following additional conditions.

·         Loading and unloading of delivery trolleys shall be carried out so as to minimise noise and not give rise to nuisance.

·         No gorilla bikes to be kept or used in Godson Street.

·         Music not to be played in the warehouse at a level that can be heard outside the premises.

·         Condition 20. The delivery of licensable goods to the premises shall be restricted to the hours between 9am to 4pm Monday to Saturday. No deliveries to the premises shall be made on a Sunday or Bank Holiday.

·         No cleaner to commence work before 8am

·         Deliveries will be made in crates on trolleys with air inflated rubber wheels.

·         No employees will engage in any activities outside the building except in relation to deliveries.

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

The Sub-Committee considered the written representations from the applicant and the 18 residents who had made submissions. It also noted that that conditions had initially been agreed between the Applicant and the Noise Team and Trading Standards.

No other written representations were received from any other of the Responsible Authorities.

The Sub-Committee noted that the business fell within the Kings Cross Cumulative Impact area and accordingly Licensing Policy 3 applied.

In addition to the above, the Sub-Committee considered the oral submissions from the Applicants’ solicitor and three residents.

The business operated as a warehouse to which goods for remote sales and delivered to and from which goods are delivered to purchasers who purchase the good on line or by telephone. No customers attend the premises.

The Sub-Committee noted that the business has been operating for some time and now requires alcohol to be added to their offer, hence the application for the off sales licence.

The Sub-Committee noted that the objectors issues with noise related to the noise generated by the wheels on trolleys moving crates of goods from vans down the lane to the business premises, people noise outside the premises and on occasion, music generated inside the premises when staff are working and noise from cleaners at early hours of the day.

The applicant at the hearing offered conditions in relation to all the above issues of concern.

It was stressed by the applicant that the business would continue operating without a alcohol licence.

The Sub-Committee concluded that the licence should be granted with the added conditions that deliveries to take place on trolleys with inflated rubber wheels, that the hours for such deliveries be reduced from 7am to 11pm to between 9am and 4pm. In addition, the Sub-Committee concluded that conditions in relation to music noise and the starting time of cleaners be included to protect the interests of nearby residents.

The Sub-Committee decided that the granting of the licence with the added conditions was reasonable and proportionate and promoted the licensing objectives.