Agenda item

The licensing officer contacted the noise team and clarified that condition 28 should read that music shall be restricted to background levels of sound ‘after 10pm’.  The noise officer also advised that condition 33 should be revised.

The licensing officer further advised that there had been a noise complaint in May. The noise team visited and witnessed loud music but not a statutory nuisance.  The noise team and Licensing Authority had been satisfied that this was a private birthday event and no alcohol had been sold. 

The applicant’s representative stated that some of their business came after Arsenal matches and customers wished to remain after 10pm. Following Covid this application gave an opportunity for an additional hour after business. There was a private birthday party on 11 May and the premises did not sell alcohol.  There had been no substantiated noise complaints. The premises was on a main road. The premises held cultural activities such as wine tasting with food from different areas of Italy.

In response to questions, music would only be played indoors during the working time of the restaurant. It was noted that amplified music should be at a level which could not be heard in a complainant’s home. The neighbour had asked that the volume of music be reduced and the applicant had moved the speaker to another part of the restaurant which he considered had resolved the problem. Regarding dispersal, the applicant said he would ask patrons to leave quietly. He half closed the shutters to prevent patrons coming in too late. The Sub-Committee raised concerns about this and stated that the applicant could just refuse late custom. There was seating outside which would not be used after 10 pm except for smokers.

In summary, the applicant had advised that there had only been one representation. This was an Italian restaurant with cultural activities.  They advised that not many patrons came before 7pm as the premises was not near the City and requested the extension of an hour.

RESOLVED

1)      That the application for a new premises licence, in respect of Amor, 139 Holloway Road, N7 8LX, be granted to allow:-

a)      The sale by retail of alcohol, on & off supplies, Mondays to Sundays from 12 noon until 11pm

b)      The premises to be open to the public, Mondays to Sundays from 12 noon until midnight.

2)      That conditions detailed on pages 72 to 75 of the agenda shall be applied to the licence with the following amendments:-

Condition 28 to read – Any music shall be restricted to ambient background levels of sound after 10pm

Condition 33 to read – In the event of noise nuisance being established the licensee shall agree to appropriate measures to abate the nuisance, in consultation with the Councils noise service.

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 Holloway Road and Finsbury Park 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.

One local resident objection had been received but the resident did not attend. There had been no representations made by the responsible authorities but conditions had been agreed with the noise team. The licensing officer confirmed, after speaking on the telephone with the noise officer, that one of the conditions contained an error and this should be corrected to allow amplified music before 10pm with ambient music thereafter. In addition, the condition relating to the acoustic consultants report in the case of a noise nuisance complaint needed to be updated relating to taking measures to abate the nuisance. 

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

The Sub-Committee was concerned that the evidence in the report that the premises had been operating outside licensing hours. However, the applicant explained that this had been a private birthday party and no alcohol had been sold. 

The applicant said that he had received a complaint from the flat upstairs about noise. He had moved the amplifiers away from the position of the complainants’ bedroom and believed that this had resolved the problem. There had been no complaints to the Council about noise that had been substantiated. There was a condition agreed about not causing noise nuisance. 

The Sub-Committee concluded that this case fell within the exceptions to the cumulative impact policy in that it was within framework hours and not alcohol led and providing cultural activities as stated by the applicant; wine tasting and regional cookery. The applicant had demonstrated that there would be no cumulative impact on any of the licensing objectives and had rebutted the presumption against granting the variation.

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