Agenda item
Licensing Act 2003 Application for variation of a Premises Licence for The Old George Public House, 379 Bethnal Green Road, London, E2 0AN
Minutes:
At the request of the Chair, Ms Samantha Neale, Licensing Officer, presented the report which detailed the application for variation of a premises licence for The Old George Public House, 379 Bethnal Green Road, London E2 0AN. It was noted that representations had been made by local residents.
Ms Clare Johnson, the Applicant’s Legal Representative, explained that a variation of the premises licence was being applied for to include an external bar servery. Ms Johnson said that the Applicant had worked with the responsible authorities and had agreed conditions, as outlined on page 7 of second supplemental agenda. She confirmed that the Applicant had agreed to the bar servery being at the farthest point away from residential properties and the addition of a condition for the garden area to close at 21:00 hours so as to respect the needs of neighbours.
Members then heard from Ms Carter, a local resident. Ms Carter said that she welcomed the efforts made by the Applicant and the conditions agreed with the responsible authorities, however, she had concerns in relation to the condition allowing smokers to use the garden area after 21:00 hours. Ms Carter read out her statement in which she described the effect of noise nuisance on families living in the adjacent properties and those behind the premises. Ms Carter said the potential of ten smokers smoking outside, talking and laughing, would result in noise travelling into their flats. She was concerned that noise and chattering of smokers would be amplified to an intolerable level and would prevent children from sleeping.
In response to questions from Members, the following was noted:
· A noise management document had been agreed with the Responsible Authorities which included the pub management’s commitment to establish good relations with its neighbours. The Applicant offered to retain the existing arrangement which allowed smokers to smoke in the designated area in front of the pub rather than in the garden area after 21:00 hours.
Members adjourned the meeting at 19:57 hours for deliberations and reconvened at 20:08 hours.
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and the oral representations from the Applicant’s Legal Representative and local residents with particular regard to public nuisance.
The Sub-Committee noted the premises is in a cumulative impact zone (CIZ) and the application is to vary the current licence to include an external bar servery to close at 21:00 hours. The Sub-Committee noted the Licensing Authority and Environmental Protection had agreed conditions with the Applicant and had withdrawn their objections. They had agreed the external bar should be at the farthest point away from the residential properties and garden area should close at 21:00 hours.
The Sub-Committee noted the concerns of the local residents with regard to public nuisance as the garden area faces directly towards residential flats. Local residents were particularly concerned about the noise caused by smokers in the garden area after 21:00 hours. In response, the Applicant offered to remove the condition which allowed patrons to smoke in the garden area after 21:00. The Sub-Committee was satisfied that the risk of noise nuisance to neighbouring properties would be adequately mitigated by a condition that the garden area close at 21:00 hours. The Sub-Committee concurred that smokers should not be permitted to smoke in the garden area and should continue to use the designated area at the front of the premises.
The Sub-Committee was satisfied that the CIZ rebuttable presumption had been satisfied in that the variation to the application, as amended, will not negatively add to the cumulative impact already experienced in the area.
The Sub-Committee found there were exceptional circumstances to justify the variation in this case.
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application to vary the premises licence for The Old George Public House, 379 Bethnal Green Road, London E2 0AN be GRANTED with conditions.
Films, Live Music, recorded music and performance of dance, late night refreshment (All indoors)
Sale by retail of Alcohol (on and off sales)
Sunday to Thursday from 10:00 hours to midnight
Friday and Saturday from 10:00 hours to 02:00 hours
Hours Premises Open to the Public
Sunday to Thursday from 10:00 hours to 00:30 hours
Friday and Saturday from 10:00 hours to 02:30 hours
Additional Conditions
1.1 The plan of the premises is amended to include a new external bar servery.
1.2 Loudspeakers shall not be located in the entrance lobby or outside the premise building.
1.3 All windows and external doors shall be kept closed when regulated entertainment takes place, except for the immediate access & egress of persons.
1.4 Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
1.5 The external bar servery will close at 21:00 hours.
1.6 The outside drinking area/external courtyard shown on the plan attached to the premises licence will close to all patrons at 21:00 hours.
1.7 No drinks will be permitted in the external courtyard/outside drinking area after 21:00 hours.
1.8 No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises, which gives rise to nuisance.
1.9 A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. The telephone number is to be made available to residents and businesses in the vicinity.
Supporting documents:
- BethnalGreenRd379.2019, item 4.2 PDF 177 KB
- BethnalGreenRd379.Appx_Redacted, item 4.2 PDF 3 MB
- Email exchange - Redacted, item 4.2 PDF 1 MB
- Amended Layout Plan, item 4.2 PDF 64 KB
- Noise Management policy Old George, item 4.2 PDF 366 KB
- Withdrawal emails Licensing and Env_Redacted, item 4.2 PDF 922 KB
- Amended Conditions - Old George, item 4.2 PDF 212 KB