Content

RESOLVED: The Licensing
Sub-Committee, in considering this decision from the information
presented to them within the report and having regard to the
promotion of the licensing objectives:
 
? The prevention of crime and disorder
? Public safety
? Prevention of public nuisance
? The protection of children from harm
 
 
The application to vary a premises licence has
been partially approved in
accordance with the Council’s Statement
of Licensing with the following
amendments:
 
? The hours for licensable activities:
 
Indoor Sporting
Events
Sunday to Wednesday 11:00 - 23:30
Thursday 11:00 - 01:00
Friday to Saturday 11:00 - 02:00
 
Live Music
Sunday to Wednesday 11:00 - 23:30
Thursday 11:00 - 01:00
Friday to Saturday 11:00 - 02:00
 
Recorded Music
Sunday to Wednesday 11:00 - 23:30
Thursday 11:00 - 01:00
Friday to Saturday 11:00 - 02:00
 
Performances of
Dance
Sunday to Wednesday 11:00 - 23:30
Thursday 11:00 - 01:00
Friday to Saturday 11:00 - 02:00
 
Anything of a
similar description
Sunday to Wednesday 11:00 - 23:30
Thursday 11:00 - 01:00
Friday to Saturday 11:00 - 02:00
 
Supply of Alcohol
(consumption on the premises)
Sunday to Wednesday 11:00 - 23:30
Thursday 11:00 - 01:00
Friday to Saturday 11:00 - 02:30
 
Opening hours
Sunday to Wednesday 11:00 - 00:00
Thursday 11:00 - 01:30
Friday to Saturday 11:00 - 03:00
 
· 
Condition 16 to be amended and read as follows:
“Entry and exit to the premises shall be
through the front main entrance
directly into the premises and not via the
access way between 163 Mare
Street and the Dolphin at 165 Mare Street,
except when necessary after 00:00
hours”.
 
· 
Condition 31 to be amended and read as follows:
“ All music
devices shall be routed through a sound limiting device. The
sound
limiting device shall set at a level
determined by and to the satisfaction of an
authorised officer of the Environmental
Protection Service. The operational
panel of the noise limiter shall be secured to
the satisfaction of the officer. The
keys securing the device shall be held by the
Designated Premises Supervisor or another responsible person and
the device shall not be accessed via any other person. The limiter
shall not be altered without prior agreement with the Environmental
Protection Service”.
 
And the following conditions to be added to
the premises licence:
 
· 
An annual check to the effectiveness, with re-calibration where
necessary, of the devices shall be undertaken by an acoustic
consultant registered with the Institute of Acoustics, who shall
provide a certificate of verification of the calibration and set
up, both initially and annually, to be provided to the
Council’s Environmental Protection Service within 21 days of
the check of effectiveness.
· 
The garden area shall close and cease to be used from 23:00 each
day. The tables and chairs in the outside area shall be rendered
unusable after that time.
· 
All external doors and windows shall be kept closed, other than for
access and egress.
· 
The contact details of the duty manager and the Designated Premises
Supervisor to be on display at the premises.
· 
The Premises Licence Holder and their staff shall undertake a
litter patrol at hourly intervals within a 10 metre radius to
collect any litter associated with the premises. The collection and
removal of litter should include satisfactory disposal of spilled
food and similar materials so as to leave the footway in a clean,
safe and wholesome condition.
 
Reasons for the
decision
The application to vary this premises licence
has been partially approved as members of the Licensing
Sub-committee were satisfied that the licensing objectives would
not be undermined.
 
The Sub-committee took into consideration that
apart from the Metropolitan Police Service (“the
Police”) no other Responsible Authorities raised objections
to this Application.
 
The Sub-committee took into consideration
representations from the Police that since ?the premises has opened
there have numerous noise complaints, which were being dealt with
by the Environmental Protection Service. ?It was
noted there had been a minor variation
application to reduce the number of
SIA ?door staff required.
 
The Sub-committee took into consideration
representations from the? Police that more conditions? should be
offered to mitigate any issues that may arise from the increased
hours. ? The Sub-committee noted that the Police? maintained their
objection? to this variation until the noise issues were remedied
to the satisfaction of the Environmental Protection Service.
 
?The Sub-committee noted the representations
made by a local resident that lives close to the premises, and that
they had suffered, and were unable to sleep due to loud music
coming from the pub every weekend. The Sub-committee noted that the
noise problem was not resolved despite months of complaints made to
the Environmental Protection Service who did investigate
and attended the premises to speak to the
Premises Licence Holder.
 
The Sub-committee took into consideration the
noise nuisance issues and that the Environmental Protection Service
did not make a representation regarding the noise complaints.
 
The Sub-committee took into consideration that
the Applicant had appointed a noise consultant and dealt with the
noise issues such as calibrating the noise limiter.
 
The Sub-committee felt that the conditions
added to the premises licence will help the Premises Licence Holder
and their staff operate the premises responsibly.
 
Having taken all of the above factors into
consideration the Sub-committee was satisfied that by granting this
partial variation to the premises licence that the licensing
objectives would not be undermined.
 
Public
Informative
The Premises Licence holder is encouraged to
work with local residents and the Responsible Authorities to reduce
noise nuisance, and prevent any negative impact in the area.
 
Your right to appeal
If you are aggrieved by any term, condition or
restriction attached to this decision, you have the right to appeal
to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within
21 days of the date you receive this written decision.