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RESOLVED:
 
The decision
 
The Licensing Sub-committee in considering
this decision from the information presented to it within the
report and at the hearing on 18th April 2024 has determined that
having regard to the promotion of all the licensing objectives:
 
· 
The prevention of crime and disorder;
· 
Public safety;
· 
Prevention of public nuisance;
· 
The protection of children from harm;
 
the application for a premises licence has
been refused in accordance with Licensing Policies LP1, LP2, LP3
and LP6 within the Council’s Statement of Licensing
Policy.
 
Reasons for the
decision
 
The Licensing Sub-committee, having heard and
carefully considered the  representations from the Licensing
Authority and Other Persons (41 local residents opposing the
application and 3 in support of the application) believed that
granting the application would result in the licensing objectives
being undermined, and would have a negative impact on the area.
 
The Sub-committee took into consideration the
representations of Other Persons (41 local residents) who objected
to this application due the impact it would have on local residents
and the excessive noise nuisance that the premises would
generate.
 
The Sub-committee took into consideration
representations made by local residents that the area has been a
quiet and a peaceful location and that the proposed activities will
result in the location being noisy and unacceptable to local
residents.
 
The Sub-committee took into consideration the
Applicant’s representations that the premises and Grade l
listed building is not a club or bar. It will be used as a diverse
community venue that will be used for occasional weddings and other
community events that they proposed to run during the day. The
Sub-committee noted that all events will be pre-booked and have a
guest list. It was also noted that all music will go through a
noise limiter. The Applicant’s representative contended that
this is an opportunity to open the premises to the public for
community events otherwise it will remain closed.
 
The Sub-committee took into account the
Applicant’s representations that they intended to have a
youth choir and events relating to the choir. It was also noted
that the events will be inside the premises. 
 
The Sub-committee noted that the Applicant
agreed conditions with Environmental Protection and agreed the
proposal with the Metropolitan Police Service.
 
The Sub-committee took into account
representations from local residents that Luke Street is a narrow
one-way street and that it was not suitable for customers to
disperse through. The Sub-committee took into account that the
noise from the community events was not accepted by the local
residents. The Sub-committee took into account representations that
during a fashion show local residents did hear and feel vibrations
of noise from the premises.
 
The Sub-committee took into consideration
representations from local residents who do not want live music
events, and they were not persuaded by the proposal for diverse
events. The Sub-committee took into consideration concerns about
music being able to go through the noise limiter, their concerns
about having over 200 people safely leave the premises with narrow
streets nearby.
 
The Sub-committee took into account the
representations made by the Licensing Authority about concerns
relating to the location, the venue and the cumulative impact on
the local residents in the area.
 
The Sub-committee carefully considered the
representations made by the Applicant, and the Applicant’s
legal representative, and they noted that the Applicant did not
allay the concerns raised by the local residents and the Licensing
Authority.
 
The Sub-committee considered that there was a
large capacity. They took into consideration the number of events
and the issues about access to the park and it was noted that
separate planning issues needed to be resolved.
 
The Sub-committee took into consideration the
large number of objections to the application made by local
residents who live close to the premises and would be affected by
the anti-social behaviour and the public nuisance from the events.
The Sub-committee felt it would be good to have diverse events,
however, it felt the location is not suitable with large numbers
drinking even with a noise limiter it will not contain all of the
noise and cannot mitigate the dispersal. The Sub-committee felt
there were too many concerns to overcome, and local residents were
not persuaded by the applicants
representations and proposals.
 
The negative cumulative impact on the area is
also a concern. The Sub-committee felt that more work needed to be
done on the proposed application and engagement with local
residents to reach some agreements as to how the premises would
operate without resulting in significant negative impact on the
local resident in the area.
 
The Sub-committee took into consideration the
noise and the fact that it was a Grade I listed building which is
difficult to soundproof, and the windows needed to be open due to
the number of guests and the high capacity. The Sub-committee took
into account how these events will impact the local area late at
night.
 
The Sub-committee felt that the dispersal
policy and the right of way to the premises needed to be
reconsidered.
 
The Sub-committee noted that the Applicant is
an experienced operator. However, the Sub-committee felt that the
proposed premises did not give enough confidence that the public
nuisance objective would not be undermined.
 
The Sub-committee took into consideration when
refusing this application that each case is considered on its
merits. The Sub-committee believed that the licensing objectives
could not be promoted by granting this application for a premises
licence, and as such believed it was appropriate to refuse the
application in its entirety.