Agenda item

The licensing officer reported that the applicant had submitted a bundle of additional evidence. This included two additional proposed conditions.  It was confirmed that this application was in the Kings Cross cumulative impact area and hours had been amended to a terminal hour of 11pm.

The Licensing Authority stated that the initial application had not been clear.  She recommended that the terminal hour should be 11pm and that the Sub-Committee should be satisfied about how the business would operate. The applicant had provided an explanation about the issue that had occurred in February and the 11pm terminal hour and conditions had been agreed by the applicant. She accepted it would be too early for a fire risk assessment but would like a copy in the future.

It was noted that there were three resident objections although no resident attended the meeting.

The applicant’s representative stated that, although this premises was in the Kings Cross cumulative area it was very near the Angel. The policy issues regarding the Kings Cross area were based approximately a mile away from the hub. The policy provided exceptions; it was not alcohol led, it was principally a workspace and was within framework hours. This was not a bar or a pub and there would not be lots of people standing up and drinking and he hoped that the Sub-Committee could find an exception. Conditions had been agreed with the police and a dispersal policy had been provided. Clients would be charged an annual fee for membership and they could purchase drink if they required.  It was expected that clients would head towards Angel at the end of the day. There were residential premises at the rear of the building, but it was not considered that residents would be disturbed. This licence was for members to have a drink at the end of the day or for work functions with a lunch or dinner in the evening and conferences. Events would not be parties of weddings but, for example, project launches. Some events would not involve alcohol at all. The applicant stated that his background was in events, and he wanted to give people who worked in events some space to go to. They may use the space for a couple of hours between meetings, for conference space, networking with canapes and a glass of wine.  Membership was heavily subsidised. Additional conditions had been proposed to address concerns. One of these stated that functions would be limited to 25 a year.

In response to questions, it was accepted that the sale of alcohol would be required for lunchtime events from 12 noon but would not be necessary from 10am. The applicant was looking at a ten-year lease. Regarding the issue in February, lessons had been learned and they would oversee security at such an event in the future. At this event the doorman had been taken by surprise by the large number of paparazzi which had caused a traffic jam. For future events the press would be contained in a pen and the applicant had been turning down events that were not considered appropriate. It was an industry led business. It was expected that there would be capacity for approximately 300 people on both floors although the building had an 850 capacity. The applicant was currently focussing on day-time functions. Occupants could not then sublet. Some events would go on into the evening with dinners finishing at 9pm and drinks after. Evening events were important for the business. There was another workspace in Belgravia which was geared more towards creche facilities, and it was expected that this location would be geared towards conference facilities.  

In summary the applicant’s representative stated that the sale of alcohol was important to the business. Functions were limited, the application was within framework hours, and he considered that this application fell within the exceptions for the cumulative impact policy. The licensing policy supported businesses and socialising opportunities. He considered that this was a good use of the space and that the Sub-Committee could grant the application.

RESOLVED

That the application for a new premises licence, in respect of The Block, 10-14 White Lion Street, N1 9PD be granted:-

1)         To allow the sale by retail of alcohol, on supplies only, Monday to Sunday from 12 noon until 11pm and

2)         The premises to be open to the public Mondays to Sundays 24 hours a day

Conditions detailed on pages 103 to 105 of the agenda shall be applied to the licence and the following conditions:-

·       Under this licence, a function of more than 100 people in a part of the premises set apart for that gathering involving the provision of licensable activities which takes place or continues to take place after 10pm;

·       Functions are limited to a maximum of 25 per calendar year and a written record of each event, including the date and the nature of the event will be made available to the Local Authority or the Police on request.

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.

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Kings Cross 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.

Licensing Policy 3, paragraph 34 refers to problems with noise disturbance, drunken fights and crime due to intoxicated persons in the area. Paragraph 36 states that the licensing authority is committed to working with potential applicants to maintain a well-managed evening economy that meets the needs of residents and businesses while minimising the adverse impacts of crime, disorder nuisance and anti-social behaviour. Exceptions to the Licensing Policy include premises that are not alcohol led, have hours of operation consistent with framework hours and supply alcohol for consumption on the premises with robust arrangements to prevent vertical drinking.

Three local resident objections had been received but the residents did not attend.  The Licensing Authority had made a representation but the applicant had agreed that the terminal hour for the sale of alcohol should be 11pm. The Licensing Authority accepted that it was too early for a fire risk assessment to be submitted and was now satisfied with the application.

The applicant explained that the premises would be used as a work space, work functions and events not related to workspace. In addition, it could be available as a space for workers in the event business between shifts. Events which might have an international aspect, could include conferences, networking, project launches, exhibitions and community space, but although there would be private hire this would not be for parties or weddings. The applicant had considerable experience of managing such events and would maintain control.  Sub-letting would be prohibited. Functions (gatherings of more than 100 people) would be limited to 25 a year.

In February 2023, complaints had been received from residents and as detailed in the representation by the Licensing Authority, an event had resulted in the street being blocked with traffic and the pavements being congested. However, the Sub-Committee was satisfied that this was highly exceptional. There had been a fashion show and a celebrity had attended with paparazzi. As a result of this experience the applicant was turning down events not considered appropriate.

The Sub-Committee questioned the applicant on the reason for licensing alcohol from 10am. Although the hours requested were in accordance with framework hours, Licensing Policy 6 states that those hours were not predetermined, each application would be considered on its merits and local issues indicated shorter licensing hours in order to promote the licensing objectives. The applicant said that lunches would be served from 12 onwards and accepted that the starting time could be later than 10am. 

The Sub-Committee concluded that, with the conditions and with the later starting time for selling alcohol, granting the premises licence would be unlikely to add to the existing cumulative impact in the area. Further, the premises use fell within the exceptions to the Kings Cross cumulative policy.

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