The Licensing Sub Committee B met on 27 February 2024 and made three decisions. They refused an application for a new premises licence by Drip at 27 Clerkenwell Road, a new application by Rush Cocktails at Basement, 100 Old Street was also refused. The Sub-Committee granted the application for a new premises licence made by Hotel Indigo at 2 Clerkenwell Road.

Drip, 27 Clerkenwell Road

The application for a new premises licence for Drip was refused. The applicant wanted to be able to sell alcohol for consumption on and off the premises between 09:00 and 02:00 Sunday to Wednesday, and from 09:00 to 04:00 Thursday to Saturday. They also wanted to be able to have live music, recorded music, and late night refreshment between the same hours. The application had received ten objections from local residents, and representations from the Licensing Authority, Islington’s Noise and Planning Service, the Licensing Police and the London Fire Brigade. The Police and Noise team withdrew their objections after agreeing conditions with the applicant.

The Sub-Committee raised concerns regarding the lack of sound testing inside nearby properties, particularly those on a party wall with the venue. They considered that granting the application could potentially exacerbate existing issues of noise and nuisance from patrons leaving the venue, parking, and travelling to and from the premises by car.

The Sub-Committee noted that the venue sits within the Clerkenwell Cumulative Impact Area, which 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. They considered the applicant’s arguments that the venue fell within one of the exceptions to the CIA, as set out in the Council’s Licensing Policy, and did not find them convincing. In particular, the Sub-Committee felt that the applicant had not successfully demonstrated that the arrangements devised by the applicant to ensure that the premises would not add to the impact late-night premises may have on the local community were sufficiently robust, particularly in light of the number of noise complaints that had been made to the authority since the premises had opened.

They were also concerned by the evidence provided by the London Fire Brigade, who reported that the venue had only one entrance and exit, which could pose a significant risk to public safety if the venue were operating at capacity. They noted that while the guidance is to have a maximum of 60 people in venues with only one exit, it had been agreed with the applicant that, as long as numbers were well managed, a maximum of 50 patrons could be permitted on the ground floor and first floor. This would rely on good management and signage, as well as potentially requiring the use of double doors on the street as a fire escape. They expressed concern at the quality of the fire risk assessments conducted at the venue.

The Sub-Committee refused the application on the grounds that they were not satisfied that granting it, even with the agreed conditions, would promote the licensing objectives.

Hotel Indigo, 2 Clerkenwell Road

The Sub-Committee granted the application for a new premises licence made by Hotel Indigo at 2 Clerkenwell Road.

The applicant applied to be able to sell alcohol for consumption on the premises from 00:00 until 24:00, Monday to Sunday for guests residing in the hotel. They wanted to be able to sell alcohol for consumption on and off the premises from 08:00 until 23:00, Sunday to Thursday and from 08:00 until 00:00, Friday and Saturday, for non-guests. They also sought permission to be able to show films, and have live and recorded music from 08:00 until 23:00, Sunday to Thursday and from 08:00 until 00:00, Friday and Saturday, and to be able to provide late night refreshment from 23:00 until 05:00 Monday to Sunday for guests residing at the hotel. Non-guests would also be able to purchase late night refreshment from 23:00 until 00:00 on Friday and Saturday.

The application had received five objections from local residents, however none of the residents attended the hearing. The Metropolitan Police and Islington’s Noise Service had both agreed a set of conditions with the applicant, and withdrawn their representations.

The Sub-Committee noted that, in respect of the hours sought for non-guests, the application fell within the Council’s framework hours and that it appeared from some of the resident objections that there could have been some confusion as to the hours that alcohol and late-night refreshment would be available to non-guests.

They heard from the applicant that the premises would not be entertainment-focused and that they were keen to minimise noise and nuisance because they did not want to disturb their own guests. They noted that the application represented a return of the previously popular Hat and Feathers pub to the area. The pub would be open to the general public.

The Sub-Committee granted the application on the grounds that granting the premises licence for the hours specified in their licensing policy, and with the agreed conditions, was proportionate and appropriate to the promotion of the licensing objectives.

Rush Cocktails, Basement, 100 Old Street

The Sub-Committee refused the application for a new premises licence made by Rush Cocktails at Basement, 100 Old Street.

The applicant sought to be able to sell alcohol for consumption on the premises between 10:00 and 23:00, Monday to Sunday. They also wanted to provide recorded music and late night refreshment between the same hours.

The application had received three objections from local residents. None of the objectors attended the hearing. The Metropolitan Police and Islington’s Noise Service had both agreed a set of conditions with the applicant and withdrawn their representations.

The applicant’s representative explained that they had initially applied for this to be a venue for a member’s club for Ukrainian students but after speaking with Licensing officers, they decided to change this to allow the bar to be open to the general public.

In response to questions from the Committee it was confirmed that these changes had been made following consultations with the Police and Licensing officers.

Concerns were raised regarding the standards of management at the premises, the lack of experience of the applicant, and the exact nature of the proposed business. The Sub-Committee were particularly concerned that, as the decision to open the venue to the general public had only been made recently, it was not clear whether, at the time that the conditions were agreed, those authorities were aware that the premises would be open to the public.

The Sub-Committee refused the application on the grounds that they were not satisfied that granting the premises licence, even with the agreed conditions, would promote the licensing objectives. They considered that refusing the application would allow the applicant time to consider the implications of applying for a licence for a venue open to the general public, and to address the Sub-Committee’s concerns regarding the standards of management at the premises.