Content

The Licensing
Sub-Committee in considering this decision from the information
presented to it within the report and at the hearing 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; and
? The protection of children
from harm,
 
the application for
a premises licence, has been approved in accordance with the
Council’s Statement of Licensing Policy, conditions as set
out in paragraph 8.1 report and following proposed conditions, as
agreed between the Applicant and the Responsible Authority (the
Police):
 
? The hours for
licensable activities
 
Late Night
Refreshment
 
Sunday to Tuesday
 
23:00-01:00

Wednesday 
 
23:00-02:00
Thursday
 
23:00-03:00
Friday and Saturday
 
23:00-04:00
 
The Opening hours of
the premises
 
Monday   
12:00-05:00
Tuesday   
12:00-05:00
Wednesday
 
12:00-05:00
Thursday   
12:00-05:00
Friday  
12:00-05:00
Saturday   
 
12:00-05:00
Sunday 
12:00-05:00
 
And the following
conditions to be added to the premises licence:
 
1)   The premises shall
maintain a comprehensive Closed Circuit Television (CCTV) system as
per the minimum requirements of a Metropolitan Police Crime
Prevention Officer. All public areas, entry and exit points will be
covered enabling frontal identification of every person entering in
any light condition. The CCTV system shall continually record
whilst the premises is open for licensable activities and during
all times when customers remain on the premises. All recordings
shall be stored for a minimum period of 31 days with date and time
stamping. Recordings shall be made available immediately upon the
request of the Police or authorised officer.
 
2)  A staff
member from the premises who is conversant with the operation of
the CCTV system shall be on the premises at all times when the
premises are open to the public.
 
3)   An incident log
shall be kept at the premises, and made available immediately to an
authorised officer of the Hackney Borough Council or the Police,
which will record the following:
 
· 
all crimes reported to the venue
· 
any complaints received
· 
any incidents of disorder
· 
any faults in the CCTV system
· 
any refusal of the sale of alcohol
· 
any visit by a relevant authority or emergency service.
 
4)   There shall be clear
and prominent signage asking all customers to leave
quietly and respect
local residents.
 
5)   All instances of
crime or disorder to be reported by a responsible member of staff
to an agreed police contact point, as agreed with the Police.
 
6)   The premises will
have and implement a Delivery Management Plan that will be made
available to police or an authorised officer upon request.
 
7)  The
Applicant shall produce a Delivery Management Plan, to be submitted
to the Licensing Authority;
 
8)  The
Applicant shall produce a Crowd Management Plan, to be submitted to
the Licensing Authority.
 

Reasons for the decision
 
The application for
a premises licence for Late Night Refreshment has been approved as
the Licensing Sub-Committee was satisfied that the licensing
objectives would not be undermined.
 
The Sub-Committee
noted that all the Responsible Authorities had withdrawn their
representations. The Sub-Committee noted that one local resident
maintained their objection against the application. It was noted
that one other local resident had withdrawn their representation
after considering the additional information from the Applicant.
The Sub-Committee took into account that premises mainly served
cold food and deserts prior to this application.
 
The Sub-Committee
took into consideration that the Applicant had agreed with the
Police and the Licensing Authority reduced hours that the premises
will operate under. The Sub-Committee noted concerns about the
premises not having planning permission for hot food and that the
Applicant made representations that this will be resolved. It was
noted that the Applicant agreed to provide a crowd management plan
and a plan for deliveries.
 
The Sub-Committee
took into consideration that the Applicant made representations
that the sale of hot food was only 5 or 6% of their operation. The
premises is a small kiosk store with no
seating. The premises has a small
ordering area that can have up to 5 customers at any one time on
the. The Sub-Committee noted that a risk assessment had been
carried out at the premises.
 
The Sub-Committee
took into account that the food is collected from the store by the
customers and drivers. The Sub-Committee heard representations from
the Applicant that most of the third party delivery orders only
make up a small amount of customers. It will not be very busy. And
the Applicant is aware of the representations made by their
neighbours which they have tried to resolve.
 
The Sub-Committee
took into consideration that the Applicant has demonstrated that
they are an experienced operator and they have a number of other
premises operating in the same way. The Applicant made
representations that they have taken steps to prevent people
hanging around the premises. The Sub-Committee felt that the
Applicant had presented a comprehensive representation about the
premises and how they would operate.
 
The Sub-Committee
noted that the Applicant has waste procedures in place and that
they train their staff. The Applicant was happy to submit their
policies and procedures to the Licensing Authority.
 
The Sub-Committee
noted that the premises are on a red route and that the Applicant
agreed to provide a delivery plan. The Sub-Committee took into
consideration that the Applicant made representations that they
will put up notices online and on the premises to inform bikers and
drivers to leave the premises quietly.
 
The Sub-Committee
found that there was insufficient evidence to support the
representation made by the local resident who maintained their
objection.
 
The Sub-Committee
took into consideration that the premises has a good track record of five years without any
incidents.
 
The Sub-Committee
took into consideration the representation received from the local
resident objecting to the application, however, the Sub-committee
felt that the Applicant had not undermined the licensing objectives
and had worked with the Responsible Authorities to ensure that they
operate the premises responsibly identifying any risks, and that
they mitigated any negative impact. The Applicant demonstrated that
they would be willing to work further on their process and
procedures, a delivery plan and crowd control and they will comply
with any planning requirements.
 
Having taken all of
the above factors into consideration the Licensing Sub-Committee
was satisfied that granting the application would continue to
promote the licensing objectives.
 

Planning and Public Informatives
 
The Premises Licence
Holder is reminded of the need to operate the premises according to
any current planning permission relating to its user class,
conditions, hours and consents.
 
It also should be
noted for the public record that the local planning authority
should draw no inference or be bound by this decision with regard
to any future planning application which may be made.
 
The Premises Licence
Holder is strongly encouraged to use sustainable cutlery, plates,
cups, food containers, and recyclable disposable materials to avoid
using single-use plastic disposable items.
 

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.
 
You can also contact
the court by email: northlondonmc@justice.gov.uk