Agenda item

The licensing officer reported that the start time for the sale of alcohol would be 10am. A previous application had been for later hours. The interested party had not responded to the letter sent to him by the applicants’ representative.

The applicants’ representative stated that this application was within framework hours. The Responsible Authorities had come to an agreement with the applicant and was happy with the application. There was only one objection and the applicant had tried to engage with the interested party. There had previously been a licence for the premises so this application would not be adding to the cumulative impact.  He advised that contact details could be shared with residents, there would be a maximum of 3 or 4 smokers outside. The premises was situated in the basement, and he considered there would be no external audible noise. The designated premises supervisor lived on the first floor of the premises.

In response to questions, the applicant’s representative stated that music would be played but would not be audible to members. It was proposed to play quiet jazz and they would want music to be at a level where customers could talk to each other.  There would be no more than 40 customers. There would be two personal licence holders on the premises and drinks were not allowed outside. They had CCTV and it was not considered necessary to have SIA door supervisors as it was a small premises. They were agreeable to share a contact telephone number to residents in case of issues.

RESOLVED

1)      That the application for a new premises licence, in respect of Rush Cocktails, Basement, 100 Old Street EC1V 9AY, be granted to allow the following licensable activities during the following hours:-

a)    The on sales of alcohol, from 10:00 to 23:00 hours Sunday to Thursday and from 10:00 until midnight Friday and Saturday;

b)    The provision of Recorded Music from 10:00 until 23:00 Sunday to Thursday and from 10:00 until midnight Friday and Saturday.

c)     Opening times from 10:00 until 11pm Sunday to Thursday and from 10:00 until midnight Friday and Saturday.

2)      That conditions detailed on pages 99 to 101 (Appendix 4) of the ageda shall be applied to the licence with the mandatory conditions and with the following additional conditions:

·       Staff training shall include awareness of drink spiking.

·       There shall be a maximum of four smokers or vapers outside at any one time and there shall be signage displayed on the premises to indicate this.

• A management contact phone number shall be displayed on the outside of the premises for residents in case of disturbance.

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 considered the Licensing Act 2003, as amended, and its regulations, the Home Office revised guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy.

The Sub-Committee took into consideration Licensing Policies 2 & 3.  The premises fall within the Bunhill 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.  The applicants adopted conditions suggested by the Police and Islington Council’s Noise Service in the Operating Schedule.

The Sub-Committee noted that the hours sought were within the hours specified in Licensing Policy 6.

The Sub-Committee heard evidence that the applicant had tried to engage with the objector but with no response. The premises had a previous licence so he considered that the premises would not add to the cumulative impact. The applicant’s representative was happy to share contact details with residents, and to have a limit of 3 or 4 smokers outside.  The premises was located in the basement, and they did not believe that any noise would be audible outside the premises.  The music would be quiet enough to allow for conversation in any event. There would be two personal licence holders at the premises and drinks would not be allowed outside. The designated premises supervisor lived above the premises. CCTV was to be installed at the premises.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6.  The Sub-Committee was concerned about the general increase in drink spiking and added a condition that awareness of this could be covered in the staff training.

The Sub-Committee considered that, as this was a small premises, one that had previously held a licence and with the extensive conditions being agreed and adopted in the Operating Schedule, 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.