Content

RESOLVED:
 
The decision of 2nd
December 2024
 
The Licensing Sub-Committee, in considering
this decision from the information presented to them within the
report and at the hearing today 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:
 
Recorded Music
Sunday to Thursday    11:00 - 23:30
Friday to Saturday   
11:00 - 00:30
 
Late Night
Refreshment 
Sunday to Thursday    23:00 - 23:30
Friday to Saturday   
23:00 - 00:30
 
Supply of Alcohol
(on the premises)
Sunday to Thursday    11:00 - 23:30
Friday to Saturday   
11:00 - 00:30
 
Opening hours
Sunday to Thursday    11:00 - 00:00
Friday to Saturday   
11:00 - 01:00
 
· 
Condition 19 shall remain on the premises licence with no
amendment. 
 
And the following conditions to be added to
the premises licence:
 
· 
The Premises Licence Holder shall submit the Acoustic Report to the
Police within 7 days. 
 
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 noted that the Metropolitan
Police Service (“the Police”) agreed conditions with
the Premises Licence Holder and withdrew their objection.
 
The Sub-committee took into consideration that
apart from the Licensing Authority no other Responsible Authorities
raised objections to this Application. The Sub-committee took into
account that 9 Other Persons (local residents) objected to the
application and 1 Other Person (a local resident) made a
representation in support of the application. The Sub-committee
carefully considered all the written representations from the local
residents.
 
The Sub-committee took into consideration the
representations made by the residents of the block of flats at
Hacon Square objecting to the
application for later hours that having longer hours would make it
a night club not a family pub. The Sub-committee noted the alleged
breaches of the premises license were for opening the garden later
than the premises are licensed to. The local residents contended
that the building still has poor sound proofing which affects local
residents causing a disturbance from the beer garden and inside the
pub particularly at weekends.
 
The Sub-committee took into account the local
residents' representations that since the premises reopened the
Premises Licence Holder has made no efforts to engage with local
residents. The Sub-committee noted that the Premises Licence Holder
had not developed the ‘local family bar’ that was
originally proposed, and no work has been done to make the beer
garden a welcoming play area.
 
The Sub-committee took into consideration the
representations made by the Licensing Authority and they took into
consideration the Acoustic Report dated 26 September 2024 that had
been provided and the recommendations set out in the Report. The
Sub-committee felt that it is necessary for the works to be carried
out within two months of the issue of the decision to prevent noise
nuisance.
 
The Sub-committee after hearing from the local
resident that attended, the Licensing Authority and the Premises
Licence Holder’s representative decided not to remove
condition 19 from the premises licence. The Sub-committee had
concerns that the extended hours in the garden will result in more
noise and public nuisance for the local residents that live close
to the premises. The Sub-committee was very concerned about the
impact any noise coming from the garden area would have on local
residents. The Sub-committee felt that the garden area had a
tendency for noise to vibrate and disturb local residents above and
around the premises. The Sub-committee felt that it was appropriate
to keep condition 19 and not make any changes to the use of the
garden area.
 
The Sub-committee had concerns about whether
the Premises License Holder had complied with the conditions on the
license, and they felt strongly that the Premises License Holder
must comply with condition 27 (to carry the requirements of the
Acoustic Report), and condition 34 (to provide a Dispersal Policy
to the Police and the Licensing Authority) on the premises licence
immediately and without further delay.
 
The Sub-committee took into consideration that
local residents' bedrooms overlooked the pub. They considered the
potential impact of public nuisance if the premises were open late
at night, and the disturbance that a 03:00 license would cause. The
Sub-committee felt the proposed extended hours were significantly
outside of the Licensing Policy LP3, and that by reducing the hours
on Friday and Saturdays this would help to reduce the impact on
local residents. The Sub-committee noted that the premises operated
a number of temporary events without incident.
 
The Sub-committee took into consideration that
the premises currently had 
SIA security staff at the premises until 30
minutes after closing the premises each day.
 
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.