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Agenda item

The Peel Institute, 3 Corners Centre, Northampton Road, EC1R 0HU - New premises transfer

Minutes:

The licensing officer reported that the application was for the sale of alcohol and recorded music from midday until 9.30pm and up until 11pm for no more than two events a month.  The applicant had invited the residents to a meeting to discuss the application and one resident had attended. An email had been sent with the change of hours and with conditions proposed.  All 15 residents maintained their objection. To clarify, the licensing officer confirmed that an email had been sent with the amended hours and with conditions proposed. 

 

Two residents spoke in objection to the application.  The first resident stated that this was an application for a members entertainment club with an alcohol licence in the guise of a cookery school.  He considered that alcohol and the playing of music was incompatible with studying. He had found no qualified teacher or chef associated with the premises and there were no certificates issued. He stated that the website photos indicated that there was a high proportion of students would be Muslim and who were forbidden alcohol.  If this was a cookery school the application should not be granted. The premises was close to a block of flats and thirty customers consuming alcohol up until 9.30 or 10pm each evening would be noisy and on event days twice a month until 11 or midnight would be very noisy. The premises was not purpose built to retain noise and music would be audible. A condition regarding ambient background levels of music would not be enforceable. He considered that students could pay more for the lessons rather than the alcohol and they did not need the 24 events each year. In the last financial year the business received a net profit of £100,000 and it could carry out charitable activities without an alcohol licence. A second resident stated that he worked in a building where the office already had noise from the playground which could be distracting.  A noise survey had been carried out which stated that, as this area was so quiet, noise rarely exceeded 50 decibels and noise from traffic would be higher at 65 decibels. Recorded music in an evening would be intrusive and a condition to keep doors and windows closed at all times would be impossible to maintain. Bass music would be a problem. The resident was less concerned with the sale of alcohol. The purpose of the charity was a good one and he had an increasing degree of confidence in the applicant but he was concerned about the noise levels particularly as this was such a quiet area and low levels of noise could be disturbing.

 

In response to questions, it was noted that one of the residents present at the meeting attended the resident meeting. The resident who attended was encouraged that the venue would be well run but was seeking assurance about the background noise. He did experience playground noise but was concerned about the duration of the noise.

 

The applicant stated that he had worked as a chef for ten years and had been a cookery teacher for five years.  The Head of Operations stated that he had not received a noise complaint in this time. They had chefs from around 50 countries and would not serve alcohol if chef was not comfortable to do so and had a diverse group of about 12 staff. Any profit was being invested in refurbishment and would also help the charity to become financially viable in the long term.  Classes were to be held from 6.30pm to 9pm and last orders were likely to be from 8.30pm. A glass of wine could then be served with the class. The music would not be loud and would be background. A phone number would be available and he would meet with residents if there was a problem. They wanted to be good neighbours. All conditions were accepted. There would be 24 cooking stations and classes would not exceed 30 persons including staff. It was likely to be 14 persons. The windows would be closed and sound levels would not be any louder than music from adjacent flats. Music could not be played if the windows needed to be open.

 

In response to questions, it was noted that the charity issued certificates but these were not accredited. The charity started at cafes and had grown. The premises would not be a bar and alcohol offered would only be a glass or two of wine and people would not be drinking heavily.

 

In summary, a local resident stated that the activities were worthy but the applicant had not addressed why the sale of alcohol or music were necessary for the cookery school. In addition, the 24 events per year had not been addressed.  A second resident stated that he was supportive of the charity and welcomed discussion with neighbours. He remained concerned about the constant noise as sound carried and a phone number for residents may not be enough.

 

The applicant stated that the bass would be turned down. Classes lasted 2 ½ hours and music/alcohol would not be for all classes.  There were to be a maximum of two events per month and it was not expected that the hours applied for would be used but they required the flexibility of the hours requested. They were not sure what these events would be but would be in keeping with the cookery school e.g. graduation ceremonies. Islington Council was the landlord and would also have some control over these events if necessary.

 

RESOLVED

1)     That the application for a new premises licence, in respect of The Peel Institute, 3 Corners Centre, Northampton Road, EC1R 0HU, be granted to allow:-

 

a)  The provision of recorded music from 12 noon until 9.30pm for cookery    classes and from 12 noon until 11pm Monday to Friday for events of no        more than 24 a year.

b)  To allow the sale of alcohol on the premises from 12 noon until 9.30pm,    Monday to Sunday and from 12 noon until 11pm for no more than 24    events a year.

c)   The premises to be open to the public, Monday to Sunday from 9am to     11pm.

 

2)     That conditions detailed on pages 38 to 41 of the agenda be applied to the licence.

 

REASONS FOR DECISION

This meeting 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 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.

 

Fifteen local resident objections had been received.  Conditions had been agreed with the Licensing Authority, Noise Team and Police.

 

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

 

The Sub-Committee heard evidence from two local residents. One resident expressed concern that the consumption of alcohol and playing of music was incompatible with studying and learning. The resident expressed concern regarding possible noise at the premises, stating that the building was not purpose built to retain noise and that music would be audible to neighbours. A second resident stated that he was less concerned the serving of alcohol but was very concerned about noise. He attended a meeting arranged by the applicant at the premises and stated that the staff were very helpful and gave him an increasing degree of confidence but he remained concerned that noise would be disturbing to neighbours as it was a quiet area. He was also concerned about the duration of any possible noise.

 

The Sub-Committee heard evidence from the applicant that he had worked as a chef for ten years and had taught for five years for various different charities. The Head of Operations stated that the charity had won lots of awards for cookery classes which had mainly taken place in different cafes over the past few years. The cookery classes were run by different chefs from different countries and alcohol would not be served at any class where the chef did not feel comfortable to do so. The charity had been able to make money during lockdown and this had been reinvested. The selling of alcohol would allow the charity to remain a viable ongoing concern and any surplus was reinvested into the charitable objectives. Most of the cookery classes would end at 9pm and music would never be too loud as the chefs had to talk over the top of it. The applicant was concerned to ensure that no neighbours were disturbed by noise and would be putting a landline telephone into the room so that neighbours could call them directly if there was a problem. The room had 24 cooking stations and it was anticipated that classes would have an average of 14 people. The Head of Operations confirmed that they had asked for a maximum of two events per month to give the charity flexibility for events such as their launch party, graduation ceremonies or occasional meet ups for chefs. They did not anticipate that they would use all the extra hours. 

 

The Sub-Committee concluded that the granting of the licence with the reduction in hours requested by the applicant and the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the reduced hours sought were within the hours specified in licensing policy 5 and 6.  The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not add to the cumulative impact.

 

The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives.

 

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