The Licensing Sub Committee B granted a new premises licence to Techspace at 140 Goswell Road allowing the sale of alcohol on and off the premises Monday to Friday from 12 noon to 10pm and Saturday and Sunday from 12 noon to 8pm, the provision of regulated entertainment, the exhibition of films on Monday to Friday from 9am to 10.30pm and on Saturday and Sunday from 9am to 8.30pm, and permission for the premises to be open Monday to Sunday 24 hours a day. The Committee also granted a variation of the premises license for the Myddleton Arms at 52 Canonbury Road to allow the premises licence to include the first floor of the premises as a private dining area, for up to 30 persons until 11pm.

Techspace, Technique Building, 140 Goswell Road

The application by Techspace Goswell Road Limited for Techspace at the Technique Building was for a new premises licence for the sale of alcohol by retail on and off the premises, and the provision of regulated entertainment (film). 26 representations were received from residents. No representations were received from any Responsible Authorities.

The concerns raised by residents related to noise nuisance, the use of external terraces, the perceived inconsistency with planning, and the hours of operation.

The predominant representations were in relation to noise nuisance, the use of the external terraces, and the applications perceived inconsistency with planning.

It was noted that Techspace had previously sought permission to use the terraces as part of their planning permission. The Planning Committee had initially imposed a condition on the development that the roof terrace could not be used as an amenity space, but a subsequent delegated decision had allowed their use as “ancillary outdoor space in association with the office use”.¹

Residents felt that the granting of the licence would constitute a change of use from the approved B1(a) designation ² to that of a pub or nightclub.

They stated that this was at odds with the Council’s development plan, which requires “the retention of existing business uses and… the creation of new employment floorspace”. They also raised concerns about the website for the development, which appeared to depict the site being used in ways that were not permitted by the planning permission, including photographs of parties taking place on balconies.

The website and pictures of parties on balconies reflected premises in other locations such as Berlin or Worship Street.

The applicant stated that they accepted that engagement with residents had been lacking, and that there was an inconsistency between the website and the licence application, but that conditions had been proposed to bring the licensable activities under regulatory control.

The Sub-Committee believes that the conditions detailed speak to the residents’ concerns regards nuisance (Licensing Policy 22, 23 and 26), require a high level of operational management (Licensing Policy 7) are reasonable and proportionate and promote the licensing objectives.

A number of conditions were imposed on the licence, including a condition that no alcohol could be consumed on the terraces after 6pm, that external windows and doors would be kept shut, except for entrance and egress after 6pm, and that a noise nuisance plan be put in place.

Myddleton Arms, 52 Canonbury Road

The application by the Myddleton Arms at 52 Canonbury Road was to vary the premises licence to include the first floor of the premises as a private dining area, for up to 30 persons until 11pm. Four resident objections had been received, one of which was withdrawn.

A resident of a neighbouring property stated that they had experienced issues with noise from the pub for some time, stating that the noise from the ground floor could be heard through the walls, and that the addition of the first floor would make the situation unbearable.

She detailed that the activities of the ground floor of the pub could be heard through the walls. The Sub-Committee heard that addition of the first floor would make it unbearable.

She stated that noise from customers often disturbed their sleep, that drinkers could be heard hanging on her railings, and that she was unable to open her bedroom window due to the noise from the beer garden.

I have people outside of my property hanging on to my railings which my bedroom is at the REDACTED in the REDACTED and this happens regularly which is effecting my sleep… they have quiz nights and it’s like it’s in my living room the walls are paper thin

The applicant said that the pub was at the heart of the community, that it had respected its current licence, that there had been no reported breaches, and that any issues had been addressed promptly.

The Sub-Committee heard evidence from the Licence Holder that the pub was the heart of the community, had respected its current licence to date with no reported breaches, and was prompt to address any issues they were made aware of.

They stated that the new dining area would provide “a small private intimate dining experience”, and was not intended to increase the size of the drinking area. They also stated that refurbishment works being carried out at the premises, which would include soundproofing, were expected to improve the situation.

The variation was for a small private intimate dining experience and was not intended to increase drinking space. The building work was taking place at present, the intention being to use a locally known Lithuanian builder who had renovated other pubs to an excellent standard. Those works were to include soundproofing.

A number of conditions were added to the licence, including that the beer garden be cleared by 10pm, that a noise consultant be appointed should noise complaints be substantiated, that drinks not be taken outside after 11pm, and that staff monitor customers standing outside the front of the premises after 10pm.