Agenda item

(Planning application number: P2023/2844/S73)

In the discussion the following points were made:

·       The application site comprises a basement unit located within a prominent corner building at the junction of City Road, Bath Street and Shepherdess Walk. The building is six stories high on the City Road frontage and drops to five stories with a setback sixth floor to the Bath Street frontage. An additional two stories have been recently constructed above the existing building. The building is not statutory nor locally listed but it is located within the Moorfields Conservation Area. 

·       This section of City Road is predominantly commercial in character with residential accommodation on the upper levels. Moorfields Eye Hospital and Old Street roundabout are located to the east.

·       The site also falls within the designated Central Activity Zone, City Fringe Opportunity Area, Archaeological Priority Area and the Licensing Bunhill Cumulative Area.

·       The amendments include the extension of hours of operation to 11:00 to 00:00 Monday to Thursday, Sunday, and Bank Holidays and 11:00 to 01:30 (the following day) Friday and Saturday (Increase of 1 extra hour Monday to Thursday and 2 ½ hours on Saturday).

·       It is noted that Condition 2 (Hours of operation) of Planning Permission 841340 dated 15 June 1984 erroneously missed mentioning Saturdays.  The proposed amendments to the hours of operation would therefore also gives an opportunity to clarify the opening hours for Saturdays.  

·       Meeting was advised that no objections were received from the Public Protection Division (Noise Team) as the proposed change is additional hour Monday to Thursday and 2.5hrs on Saturday, noting that the premises licence for the previous operator, the Bavarian Beerhouse has permitted opening hours in line with this.

·       Also the Designing Out Crime Officer commented that in principle, the proposal does not appear to be contentious from a crime prevention perspective.

·       Meeting was reminded that there is currently an extant premises licence in place under the Landlord’s name Monopro Limited.

·       A noise management plan with guidance on minimising disturbance, antisocial behaviour and noise impacts from patrons’ access and egress as well as a complaint procedure has been submitted and it sets out mitigation measures which would involve responsibility for the management controls assumed by the manager, trained staff and event organisers.  It was also stated that the external door to the premises will be kept closed during the evening, except when being used for immediate access and egress, in order to minimise noise break-out from the premises. In addition, signs would be prominently displayed by the door and there would be polite notices from staff reminding patrons and smokers of the proximity of neighbours and encouraging them to keep their voices down. Taxis will be encouraged to turn off their engines while waiting and not sound their horns. A phone number and an email address will be provided to nearby residents to allow efficient notification of the premises if noise levels are causing a disturbance.

·       It was also noted that previous premises had a sound limiter fitted which was calibrated at 85.2dBA in the main bar area (along with settings for linear sound levels and low frequency bands at 63 and 125Hz), set for where “music played from within the venue spaces was barely audible at the listening position, and would therefore be considered inaudible within the residences of the closest noise sensitive receivers.”  The submitted noise report notes that the proposed operator is London Shuffle and that the “operator only intends to have background, ambient music in the premises, with no loud or live music.” Due to its ambient nature, the music would be inaudible outside the premises and would not have enough energy to transmit between floors up the building. A further condition has been attached to the application (Condition 5) stipulating that no music or other amplified noise arising from the operation of the part basement unit shall be audible outside the premises, nor transmit between floors up the building and for a sound limiter to be fitted. In view of this the Council’s EPPP Team have no objections to the proposed change of hours. This is also taking into account that there is currently a premises licence with a number of related licensing management controls on the license holder. 

·       The proposal is considered acceptable subject to suitable conditions as set out in Appendix 2 and it is recommended that the application be approved.

·       Whilst the residents’ concerns relating to disturbance, noise and antisocial behaviour are acknowledged, the proposed change of the hours of operation is by 1 extra hour Monday to Thursday and 2 ½ hours on Saturday and the EPPP TEAM have no objections.  This is also taking into account that there is currently a premises licence with a number of related licensing management controls on the license holder. 

·       Overall, the proposal is considered acceptable, subject to conditions relating the limitations for music levels at this site and stipulation to follow the noise management plan as set out in Appendix 2, the proposal would not prejudice the residential amenity of the neighbouring amenity and would comply with Policy D14 of the London 2021 and Policies Plan PLAN1 and DH5 of the Islington Strategic Development Management Policies (2023).

·       A resident leaseholder was concerned that the venue was inappropriate for this location, that previously there had been issues with disturbance, noise and anti-social behaviour which affected neighbouring amenity. In addition issues such as noise from relocated air filters, consultation letters not received by all residents and that planning statement has incorrect details of floor uses.

·       In response the agent informed the meeting that the proposal to increase the hours of operation by 1 extra hour Monday to Thursday and 2.5hrs on Saturday was simply to align it with the licensing conditions and in particular to address the Saturday opening hours.

·       Meeting was advised that the scheme would not be viable if the opening hours are not amended within the building.

·       In response to a question, Planning Officer stated that no evidence of viability was provided as part of the application by the agent.

·       On the issue of smoking and vaping concerns of residents, It was agreed that details in the Operational Management Plan could be strengthened to address this issue, that wording to be delegated to Planning Officers and the Chair.

·       Councillor McHugh moved a motion that a temporary planning permission be granted for a year in order to monitor the impact on the residents of the extra opening hours requested by the applicant. This was seconded by Councillor North.

Councillor McHugh proposed a motion to grant temporary planning permission for a year.  This was seconded by Councillor North and carried.

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections provided verbally at this meeting, planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and subject to the prior completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report as amended below, the wording of which was delegated to officers.

Revised Condition 4

A detailed operational management plan for the drinking establishment shall be submitted and approved by the Local Planning Authority prior to commencement of the use hereby approved.  The Scheme of Management shall include (as appropriate):

a.      sound insulation measures

b.     a full dispersal policy and procedure;

c.      a door policy;

d.     signs to request patrons to leave in a quiet manner and not to loiter in the surrounding streets;

e.      servicing and delivery times/arrangements;

f.       bottling out and waste management noise and times;

g.     control and levels of noise from any amplified music within the unit

h.     designation and control measures of any noise from any designated smoking & vaping areas;

i.       close down policy with amplified music shut-off and increased lighting;

j.       security, including any additional proposed CCTV;

k.      any additional external or security lighting;

l.       capacity;

m.    private hire facilities/functions;

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

REASON:  To ensure that the operation of the development does not impact on residential amenity.

Revised condition 2

CONDITION: Notwithstanding the hereby approved plans, the approved hours of operation is granted only for a limited period, being 12 months from the first commencement of the use. The temporary hours of operation approved are as follows

11:00 to 00:00 Monday to Thursday, Sunday, and Bank Holidays and 11:00 to 01:30 (the following day) Friday and Saturday.

12 months after the commencement of the use and associated operating hours a further consent will need to be obtained to operate the use under the above hours for a longer period of time.

Reason: The temporary consent is such that the Local Planning Authority has a period to monitor noise and other operational management issues (noise and nighttime disruptions) in order to protect amenity of both residential premises that adjoin the site.