Living with Pubs and Clubs in Clerkenwell: a Guide
There are 135 Pubs, Nightclubs, restaurants and off-licences in Clerkenwell, and although many are well-run, some are not, and we would like to share our experience here on how to deal with them and offer you our help.
What we’ll look at here is:
- the formal stuff: how the Licensing system is supposed to work
- Islington’s Licensing policy
- Licensing issues in Clerkenwell
- How to deal with problem licensed premises
- How to have a Premises Licence “reviewed”
- How to object to new or revised licence applications
The Formal Stuff: how the Licensing system is supposed to work!
Since 2005, all premises at which “licensable activities” are carried out now have to get a “Premises Licence” from Islington Council under the Licensing Act 2003. These activities include the retail sale of alcohol (eg by a restaurant, off-licence, pub or club) playing live or recorded music (other than background”muzak”), providing disco or karaoke facilities, showing films and even serving hot food after 11.00pm. This Premises Licence is quite separate from the need for Planning Permission.
This Licence sets out which licensable activities can be carried out and the authorised hours of the day and week. Conditions attached to the Licence may require that, for example, noise insulation and sound-limiting equipment is in place, door staff are employed and all doors and windows are kept closed. Breach of the conditions is an offence and can lead to the revocation or suspension of the Licence.
Once a Premises Licence is granted, it carries on indefinitely, and new management can use the one granted to a previous management. It can however be suspended or revoked (see later).
Only residents and businesses close to licensed premises are allowed to object to Licence applications, along with bodies such as the Police, Fire Brigade and Council noise or health and safety officers. Unless a resident or one of these bodies makes an objection, a Licence must be granted. If there is a single valid objection which is not withdrawn, the matter is referred to Licensing Committee made up of Islington Councillors.
Islington Licensing Policy
Licence applications are considered in the light of Islington’s own Licensing Policy, which in turn has to reflect the national Guidance laid down - rather inflexibly - by the Government’s Department for Culture, Media & Sport. For example, a local authority cannot require all premises in an area to close by a certain time. You can download Islington’s Licensing Policy by clicking here and going to the bottom of the page the link takes you to.
The Policy states how Islington tries to achieve the four Licensing Objectives of preventing crime & disorder, preventing public nuisance, promoting public safety and protecting children from harm.
In Islington, we decided in 2005 that this was best achieved by requiring high standards of management, and the more sensitive the location of the premises, the higher that standard is expected to be. There is virtually nowhere is Islington that does not have residents living very close to licensed premises.
In practice this will mean that a pub is likely to be required to adopt best practice on noise limitation, to operate the “Challenge 21″ scheme to deter underage drinkers, to join the local “Pubwatch” scheme - a network of local licensees who meet to exchange information - and (in many cases) to liaise directly with local residents. There are often many other Conditions which are imposed which are unique to the particular circumstances of a pub - for example, to have deliveries only between certain hours, or to encourage drinkers to leave along certain streets.
These standards are enforced by regular visits by Council licensing and noise staff, sometimes using covert observation or the CCTV network. Underage children, appropriately supervised, also try to buy alcohol. Any bar staff serving them are then given a fixed penalty fine and if this happens twice or more it is normal for the Premises Licence to be suspended or revoked.
Applicants for Licences can appeal against refusal or conditions, but Islington has a very good record of winning these appeals.
Licensing in Clerkenwell
Clerkenwell is clearly a major centre for pubs and clubs, and we are very concerned by the proliferation of these, and by the behaviour of their management and patrons. At some times - particularly Friday and Saturday nights - residents have to cope with crowds of drunken patrons obstructing the street, a variety of noise problems and the sight of men urinating or defecating in the streets, among many other problems.
After a campaign by us, the Licensing service has introduced a 12-point “Charter” for the licensed trade in Clerkenwell to sign up to. A copy of this is here. Clerkenwell is also being considered for a “cumulative impact” policy - or in effect being declared “saturated” with licensed premises, so that applications for new premises would face an uphill battle.
A further development is likely to be the designation of a “controlled drinking zone” in which the Police can order people to stop drinking in the street and confiscate booze. A consultation on this and the “saturation” policy is likely to start in 2010.
How to deal with problem Licensed Premises
Local residents do not have to suffer in silence! In fact, the more assertive they are, the better the result. Some licensees in Clerkenwell set unacceptably low standards under the “old” pre-2005 licensing regime and are genuinely shocked at what they can now be required to do.
If there is a serious noise problem, call the Council’s Noise Patrol (24/7) via the Contact Islington call centre on 020 7527 2000. They can visit the scene up to the early hours of the night and can take readings and seize amplifiers etc if necessary.
If there is a serious disturbance or danger, call the Police on 999. They have an “Alcohol Task Force” which can quickly come to the scene. They also have the power to close down licensed premises on the spot, as happened after the shooting at “Ghost” club.
If the problems do not call for police intervention, find out what the premises licence says they are authorised to do, and when. This can be done via the Council’s web site here. Then keep a record of incidents: ie the date, time, nature of incident (eg excessive music noise levels, loud voices, karaoke, unauthorised opening hours, disturbances etc and its effect on you ie “it woke me up”). Then, (if you can face it) contact the premises and complain about the incidents to the manager or “designated premises supervisor”.
If you can’t face this, or the problems persist, contact the Council’s Licensing Service and discuss it with them. Their contact details are here. The Council can’t just shut premises down instantly like the police. They can monitor the premises and if necessary the noise service can initiate a review of the premises licence.
Contact us if you are in any doubt what to do. We now have experience in how the system works. George Allan is a member of the Licensing Committee and sees how this works all over the borough, (although like all councillors he does not serve on committee meetings considering premises in Clerkenwell). We often go out to keep an eye on the problems first-hand in the evening and night.
How to have a “review” of a Premises Licence
A major safeguard for residents in the vicinity of licensed premises is their right to apply for a formal “review” of a Premises Licence. If residents can show that the current Licence is giving rise to unacceptable levels of crime, disorder, nuisance etc then the Licence can be suspended, revoked completely, or modified by attaching further conditions dealing with the problems. If conditions don’t work, then you could try to make the case for complete revocation of the Licence. Usually this will concern the hours of opening, the way the premises are managed (eg the management of outside drinkers, mini-cabs etc.)
We have recently helped residents take part in the Police-led review of the Ghost night club in Farringdon Road, following a year-long history of noise, disturbance, drug-dealing and violence, resulting in a shooting in December 2009. The Club was closed down over Christmas and New Year and its hours have been drastically curtailed.
We have helped successfully resist applications for extended hours by Murphi’s karaoke bar in Clerkenwell Road and a similar application by the City Pride in Farringdon Lane.
So the system can work - even if does need a lot of effort by residents to keep records and make complaints!
How to object to new or revised Licensing applications
If you are within about 50 metres of premises which are applying for a new or varied licence, the Licensing service of the Council will normally notify you of this. There also has to be a notice in the vicinity of the premises (eg on a lamp-post) and in an local newspaper. There is also a search facility on the Council’s web site here.
There is a short time to put in objections. You have to live or have a business in the immediate vicinity - a variable concept but not more than about 300 metres from the premises. This can be done on-line and there is guidance on how to submit an objection here.
The key is to raise points relating to the four “licensing objectives” and to back them up with examples. Generalised fears of further disorder, noise etc simply because of another set of premises, or the perceived lack of “need” aren’t very likely to succeed, but well-argued practical points may - for example, the unsuitability of the premises through particularly close proximity to residential premises or sources of danger. This may change if we get a “saturation” policy for Clerkenwell, when we will be able to argue that there area can’t sustain any more licensed premises. Again, ward councillors are happy to advise.
A new development is that from 29th January 2010, ward councillors become eligible to put in objections or initiate reviews and appear at Licensing Committees to make representations about licensing matters in their ward, in their own right, without having to act as a formalrepresentative of residents or businesses nearby.
