Decision Notice – Last Days, St. Michaels Church & Yard, Leonard Street, EC2A 4QX – REFUSE

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.

Publication date: 15/05/2024
Date of decision: 18/04/2024
Decided at meeting: 18/04/2024 – Licensing Sub Committee B