Agenda item

The licensing officer reported that a previous licence had lapsed and this application had been made for the same hours. The hours applied for were confirmed to the Sub-Committee.  It was noted that the licence had been used up until the pandemic and had only lapsed in January. Once this had been noticed, the applicant applied for a new licence.

A resident spoke in objection. The House was in the middle of a residential area. The resident appreciated that the applicant responded quickly to concerns but their main concern was the noise level in the garden with the late hours at the weekend. Their bedroom overlooked the pub and they were unable to install double glazing as their property was a listed building. They had no concerns about the staff who worked in the premises but raised concerns about the noise level for events. They would prefer not to be in a position where they would need to complain.

In response to questions, the resident stated that she had not lived there for a long time but other neighbours had informed her that the premises had been closed for several years and there had been noise complaints before that.

The applicant stated that she had been running the pub since 2018. It had been a pub for over 50 years, she had taken over the licence. It was not intended to  lapse the licence and she had to reapply. She lived above the premises with her daughter so would not wish to live above a noisy pub.  The garden had been busy during covid when allowed. There had been a complaint about the noise from the sound system but this complaint had been addressed. She had been gradually reopening since May. There had recently been an event with 150 people until 2am and there had been no complaints. She did not consider this to be a drinks led pub. She had run events, art exhibitions, pilates. This was a creative hub and alcohol was not always sold at events. Schools and charities had held quiz nights. She was considerate of the people in the community.

In response to questions, it was noted that the premises had been reopened from around May/June 2022 for three days a week following work to the pub. She stated that it was not the kind of pub that would cause issues with a late licence. She had recently had an event with 150 people. If she had events with over 50 people she would have a door supervisor. The sound system had a limiter. No more than 6 smokers were allowed outside. The outside was monitored by staff and there had been no complaints in recent times. Customers could not take drinks outside. Although there were events held at the premises it would also be open for the public to have a drink in the bar. She did not have a large amount of customers after 11pm but hospital workers may come for a drink after work. Even in the summer the garden was closed at 9pm and if there was a party, staff would check the building and sound monitor.

In summary, the resident stated that while she appreciated the garden closed at 9pm she was concerned about the late hours, seven days a week. She was concerned about issues caused by staff cleaning up the area and she requested that hours be restricted to framework hours. If there were no problems, a further application could be made.

The applicant stated that the licence had already been at the hours applied for and there had been no problems. Rubbish collection was restricted to no later than 9pm. Staff were trained to be considerate and if there were any issues she invited the resident to talk to her. She had taken over the business in 2018.

RESOLVED

1)    That the application for a new premises licence, in respect of The House, 126 Dartmouth Park Hill, N19 5HS to allow:-

·       The sale of alcohol, on and off the premises, Mondays to Sundays, from 10:00 to 00:00,

·       Live music, recorded music and the performance of dance, Sundays to Thursdays from 19:00 to 22:00 and on Fridays and Saturdays, from 19:00 to 23:00

·       Late night refreshment, indoor sporting events, the showing of films, Sundays to Thursdays, from 10:00 to 00:00 and on Fridays and Saturdays, from 10:00 to 01:00

·       The premises opening hours, Sundays to Thursdays, from 10:00 to 00:30 and on Fridays and Saturdays from 10:00 to 01:30 as sought.

2)    Conditions detailed on pages 156 to 159 of the agenda shall be applied to the licence.

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.

Two local resident objections had been received.  Conditions had been agreed with the Police, Trading Standards and the Noise team. Three Ward Councillors had written in supporting the proposed conditions and suggesting the hours should be in line with the Licensing Policy.

The Sub-Committee heard evidence that the premises licence had recently lapsed in January 2023. The applicant had been operating under that licence until that point from May 2022 after lockdown ended and building works were completed. There had been no complaints from then onwards. The Sub-Committee heard that there had been earlier complaints resulting from private parties but the applicant was confident that she had taken steps to avoid any recurrence of the problems. The hours sought were the same as those on the previous licence but the conditions were stronger.

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Archway 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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Local issues in the Archway area include adverse impacts associated with premises supplying alcohol for consumption off the premises, alcohol related anti-social behaviour associated with drinking alcohol in the street and a lack of venues providing leisure and social activities (Licensing Policy 3, paragraph 62). Paragraph 58 of Licensing policy 3 describes the main concern as the conduct of off licences.

Licensing Policy 3, paragraph 60 states “to address the imbalance the Licensing Authority wants to encourage applications that bring cultural opportunities for residents”. One of the exceptions to this special policy in Archway is premises promoting cultural activities. The applicant described the premises as being used for arts and a creative hub and community events. She stated that this was not a drinks led public house although there was a bar and people could come in freely.

Licensing Policy 8 requires the applicant to demonstrate a commitment to high standards of management. The applicant demonstrated comprehensive knowledge of best practice and sought advice and implemented it from the Responsible Authorities, understood the legal requirements, licensing objectives, the licensing policy and responsibilities under the Licensing Act 2003.

The Sub-Committee concluded that the applicant had rebutted the presumption against granting the premises licence. The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use, with the 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.