Decision

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of the licensing objectives:

·  The prevention of crime and disorder

·  Public safety

·  Prevention of public nuisance

·  The protection of children from harm

The application for variation of a premises licence has been approved in accordance with the Council’s Statement of Licensing as follows:

To extend and include terminal hours for the following licensable activities and timings as follows:

Live Music

Friday: 11:00-03:00

Saturday: 11:00-03:00

Sunday: 11:00-23:00

Non-Standard Hours: St Patrick’s Day, Christmas Eve, Boxing Day falling on Monday to Thursday: 10:00-00:00

St Patrick’s Day, Christmas Eve, Boxing Day falling on Friday or Saturday: 10:00 to 02:00 the day following

St Patrick’s Day, Christmas Eve, Boxing Day falling on a Sunday: 12:00 to 01:00 the day following

New Year’s Eve falling on Monday to Saturday: 10:00 to 03:00 the day following

New Year’s Eve falling on a Sunday: 12:00 to 03:00 the day following

Bank Holiday Saturdays: 10:00 to 02:00 the day following

Bank Holiday Sundays: 12:00 to 01:00 the day following

Recorded Music

Friday: 10:00-03:00

Saturday: 10:00-03:00

Non-Standard Hours: St Patrick’s Day, Christmas Eve, Boxing Day falling on Monday to Thursday: 10:00-00:00

St Patrick’s Day, Christmas Eve, Boxing Day falling on Friday or Saturday: 10:00 to 02:00 the day following

St Patrick’s Day, Christmas Eve, Boxing Day falling on a Sunday: 12:00 to 01:00 the day following

New Year’s Eve falling on Monday to Saturday: 10:00 to 03:00 the day following

New Year’s Eve falling on a Sunday: 12:00 to 03:00 the day following

Bank Holiday Saturdays: 10:00 to 02:00 the day following

Bank Holiday Sundays: 12:00 to 01:00 the day following

Late Night Refreshment

Friday: 23:00-03:00

Saturday: 23:00-03:00

Sale by Retail of Alcohol (On and Off Sales)

Friday: 10:00-03:00

Saturday: 10:00-03:00

Non-Standard Hours: St Patrick’s Day, Christmas Eve, Boxing Day falling on Monday to Thursday: 10:00-00:00

St Patrick’s Day, Christmas Eve, Boxing Day falling on Friday or Saturday: 10:00 to 02:00 the day following

St Patrick’s Day, Christmas Eve, Boxing Day falling on a Sunday: 12:00 to 01:00 the day following

New Year’s Eve falling on Monday to Saturday: 10:00 to 03:00 the day following

New Year’s Eve falling on a Sunday: 12:00 to 03:00 the day following

Bank Holiday Saturdays: 10:00 to 02:00 the day following

Bank Holiday Sundays: 12:00 to 01:00 the day following

Opening Hours

Friday: 10:00-03:30

Saturday: 10:00-03:30

Sunday:10:00-00:00

Non-Standard Hours: St Patrick’s Day, Christmas Eve, Boxing Day falling on Monday to Thursday: 10:00-00:00

St Patrick’s Day, Christmas Eve, Boxing Day falling on Friday or Saturday: 10:00 to 02:00 the day following

St Patrick’s Day, Christmas Eve, Boxing Day falling on a Sunday: 12:00 to 01:00 the day following

New Year’s Eve falling on Monday to Saturday: 10:00 to 03:00 the day following

New Year’s Eve falling on a Sunday: 12:00 to 03:00 the day following

Bank Holiday Saturdays: 10:00 to 02:00 the day following

Bank Holiday Sundays: 12:00 to 01:00 the day following

Subject to the conditions at paragraph 8.1 of the report, amended as follows:

1. Conditions 1-10 as set out in paragraph 8.1 of the report.
2. Replace conditions 11-12 with the following: ‘The rear garden shall be closed to customers at 23:00 hours Sunday-Thursday and at 00:00 hours Friday-Saturday. No regulated entertainment, amplified music or loudspeakers shall be permitted in the rear garden at any time.’
3. Amend condition 13 as follows: ‘After 23:00 hours on Fridays and Saturday, the rear garden shall be used solely for the consumption of food and drink and conversation at a reasonable level.’
4. Conditions 14-17 as set out in paragraph 8.1 of the report.
5. Replace condition 18 with the following: ‘Amplified music shall be played at a level which does not cause nuisance to neighbouring properties. A suitable noise management policy shall be implemented. All staff responsible for managing music levels shall be instructed accordingly.’
6. Conditions 19-22 as set out in paragraph 8.1 of the report.
7. Replace condition 23 with the following: ‘After 22:00 hours, the designated smoking area shall be located at the front of the premises only. There shall be a maximum of 10 smokers permitted in the designated smoking area at any one time. Customers shall not smoke in the rear garden after 22:00 hours. No drinks shall be permitted in the smoking area after midnight.’
8. Conditions 24-26 as set out in paragraph 8.1 of the report.
9. Addition of the following condition: ‘All music systems must be routed through a noise limiter. The noise limiter must be maintained in accordance with the following criteria:

a)  The limiter shall be set at a level to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

b)  The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access only be by persons authorised by the Premises Licence Holder,

c)  The limiter shall not be altered without prior written agreement from Environmental Health,

d)  No alteration or modification to any existing sound system(s) shall be effected without prior knowledge of Environmental Health, and

e)  No additional sound generating equipment shall be used on the premises without being routed through the sound limiting device.’

Reasons for the decision

The application for a premises licence has been approved as members of the Licensing Sub-Committee were satisfied, having regard to all written and oral representations, that the licensing objectives would not be undermined. 

The Applicant explained that they recognised the potential for the application to adversely affect the licensing objectives and residents living nearby; however, the Applicant was willing to agree to precise and enforceable conditions that were designed to address the risks arising from the application. Specific conditions had in particular been suggested to address possible noise nuisance arising from the use of the rear garden. During the hearing, the Applicant stated that they would be willing to accept a time restriction to 11pm during the week and midnight on Friday-Saturday. The Applicant also stated that they would be willing to accept a noise limiter condition. The Applicant also proposed a condition relating to the smoking area, suggesting that this should be located at the front of the premises.

The Licensing Authority explained that their concerns stemmed from the fact that although the premises already benefitted from a licence beyond core hours, the application sought a further extension. Environmental Health stated that they were concerned that the measures put forward by the Applicant were not robust or precise enough to address the potential noise nuisance risk arising from the application.

Overall, the Sub-Committee considered that the measures proposed by the applicant were robust and sufficient to promote the licensing objectives, subject to the amendments set out above. The Sub-Committee considered that the time restriction on the use of the rear garden (together with a ban on regulated entertainment in this area) would help ensure that the use of the rear garden did not contribute to noise nuisance to neighbouring residential properties.

The condition relating to the smoking area was also welcomed by the Sub-Committee, although the Sub-Committee considered it necessary and proportionate to set a limit of 10 smokers in the smoking area so as to decrease the potential for noise nuisance from smokers.

The Sub-Committee also welcomed the SIA condition that had been offered as part of the application, as this would allow the premises to manage customers and ensure that they dispersed in an orderly manner.

Finally, the Sub-Committee considered it necessary to impose a noise limiter condition, which would be set at a level to the satisfaction of an environmental health officer. Although the Sub-Committee noted the concerns of Environmental Health about the lack of precision in the documentation provided by the Applicant, the Sub-Committee concluded overall that this suite of robust conditions would be sufficient to mitigate the risks arising from the application, particularly as Environmental Health would be involved in setting the appropriate level on the noise limiter. The Sub-Committee considered that the if Applicant worked alongside Environmental Health, then the premises with the increase in hours would be able to promote the licensing objectives.

Whilst the Sub-Committee recognised that the application sought hours beyond core hours, the premises already benefitted from a licence beyond core hours and the variation was accompanied by a robust and comprehensive set of conditions to address the risks arising from the application. The Sub-Committee therefore concluded that the application complied with policy LP3 in the Council’s Statement of Licensing Policy.

Finally, the Sub-Committee noted that although there had been complaints relating to the premises in the past, there had been no objections submitted by local residents to the application.

The Sub-Committee also noted that if the Applicant operated in a way that did not promote the licensing objectives, then it would be open to an individual or a responsible authority to submit an application for review of the premises licence.

Having taken all of the above factors into consideration, and taking the application on its own merits, the Sub-Committee was satisfied that by granting the premises licence the licensing objectives would not be undermined.

Your right to appeal

If you are aggrieved by any term, condition or restriction attached to this decision, you have the right to appeal to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days of the date you receive this written decision.

You can also contact the court by email: northlondonmc@justice.gov.uk.