Agenda item
Application for Variation of a Premises Licence for Whitepost Café, 92 Whitepost Lane, London E9 5EN
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report, which detailed the application for a variation of the premises licence for Whitepost Café, 92 Whitepost Lane, London E9 5EN. It was noted that objections had been received on behalf of local residents. The application was to vary the licence to extend licensing hours and vary an existing condition on the licence.
At the request of the Chair, Mr Daniel Heath, Applicant, briefly explained that premises was a local pub/café and had customers who lived in Omega Works. He explained that he was seeking to increase hours for licensable activities over the weekend and to also vary an existing condition on the premises licence to be able to extend the use of the outdoor terrace area to 9.30pm.
It was noted that temporary event notice (TEN) applications had been granted in the past and if this application were to be granted it would help regularise the hours to what has been applied for previously. Mr Heath explained that the terrace was a relatively small area with 40 covers.
It was noted that a sound lobby had been installed, windows had triple glazing and air conditioning had also been installed to prevent noise breakout. He explained that previously the premise was a 24 hour printing factory and believes that having taken over the premises the area had improved.
Members then heard from Councillor Rachael Blake, who spoke on behalf of Ms Katherine Rose, objector and local resident, and briefly highlighted the growing community in Fish Island, she explained that residents at the meeting would speak about the current failures and disturbance that is caused. Cllr Blake highlighted the demographics of the area, and the growing community within the area, it was noted that there was no barrier between the terrace and the properties and therefore noise travelled. Cllr Blake referred to the maps contained within the agenda and highlighted the close proximity between the premises and residential properties. In conclusion, she was not confident that the licensing objectives would be met if the application was granted.
At the request of the Chair, Ms Katharine Rose stated that she was the nearest neighbour to the Whitepost Café, She explained that residents were first told that it was a food led venue but had now turned into a regular entertainment venue and far from a peaceful café. She stated that speakers had been installed in the terrace for outdoor music. She further explained that a number of complaints had been made directly to Environmental Health about the noise nuisance and therefore opposed any extension to the current licence.
Members also heard from Mr Piers Gibbon, objector and local resident, who highlighted the noise nuisance that emanated from the premises, he referred to the supplemental agenda which contained his supporting document in the form of a Noise Nuisance Diary with a series of dates and times of when there has been noise nuisance, videos supporting this was also played at the meeting for the Sub Committee. He also stated that the petition submitted by the applicant in support of the premises was not appropriate as the majority of the petitioners did not live close by. Mr. Gibbon sought to show a photograph in relation to the premises, but permission to do this was refused by the Licensing Sub-Committee because the photograph had not been sub mitted for inclusion in the meeting papers sufficiently in advance and so it would be unfair to permit late introduction at this stage.
Mr Heath explained that he always spoke with the residents and dealt with issues as and when they arose and was surprised over the number of objections received for the application. He explained the speakers installed in the terrace were for background music only. He stressed the fact that the noise complaints mainly referred to a festival weekend where music was played on the terrace etc. however assured Members of the Sub Committee that this would not happen again and speakers would only be used for background music.
In response to questions from Members the following was noted;
- That the Tow Path route was used as a customer entrance but this could be kept shut after the terrace area was closed in the evenings and only used as a fire exit after that.
- That the speakers on the terrace are turned off at 7.30pm once the terrace is closed.
- That policies and processes were now in place and were being strictly adhered to.
- That there were other venues within close proximity that had longer hours.
In summing up Ms Rose explained that there had been lots of evidence of breaches of the current licence conditions and it was clear residents were not being considered. She acknowledged that minor improvements had been made but not enough to appease the residents.
Mr Heath concluded that none of the noise complaints had been substantiated, and that the sound limiter had been set having done sound readings with Nicola Cadzow from Environmental Health. He said that he had only received one complaint previously and had not received any until now.
Members adjourned the meeting at 7.25pm for deliberations and reconvened at 7.50pm.
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;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub Committee had carefully considered all of the evidence before them and heard representations made by the Applicant and also heard from the objectors present at the meeting.
In reaching their decision, Members noted the current demographics of the area and noted that the area that was once derelict, was now full of industry, amenities, entertainment venues and most importantly a rapidly growing residential community. Members noted that the objections from local residents covered a wide range of concerns which was evident in demonstrating that there was already public nuisance in the form of noise nuisance. Members were concerned that permitting an increase in the licensable hours of the premises would exacerbate this noise nuisance.
Members welcomed the efforts made by the Applicant by reducing the hours and offering conditions in consultation with Environmental Health, however, the individual objections and the supporting documents (noise nuisance diary submitted by the local resident) demonstrated that there was a cause for concern and the likelihood that later hours would have a negative impact on the lives of residents, infringe on their quality of life with a likelihood of an increase in anti-social behaviour and general noise nuisance.
Members looked carefully at the location and although the Applicant agreed to use the entrance via the tow path route only as a fire exit after the terrace area is closed, Members of the Sub Committee were of the view based on the evidence put before them that residents especially from Omega Works would suffer noise pollution.
Members reached a decision and the decision was unanimous. Members refused the application.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a variation of the Premises Licence for Whitepost Café, 92 Whitepost Lane, London E9 5EN be REFUSED.
Supporting documents:
- Whitepost Café cover report, item 4.1 PDF 104 KB
- Whitepost Café Appendices Only, item 4.1 PDF 2 MB
- Whitepost Café Supporting Docs, item 4.1 PDF 1 MB
- Whitepost Café Supporting Docs - Resident, item 4.1 PDF 35 KB