Content

Application to Vary
a Premises Licence – The Divine, 33-35 Stoke Newington Road,
London, N16 8BJ - APPROVAL
 
The decision of 21st
January 2025
 
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 to vary a premises licence,
has been approved in accordance with the Council’s Statement
of Licensing Policy, and conditions as set out in paragraph 8.1 of
the report:
 
· 
The hours for licensable activities
 
Plays
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
Films
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
Live Music
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
 
Recorded Music
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
Performance of
Dance
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
Anything of a
similar description
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
Late Night
Refreshment
Monday 
 
23:00-00:00
Tuesday 
 
23:00-00:00
Wednesday  
23:00-00:00
Thursday 
 
23:00-01:00
Friday  
23:00-03:30
Saturday 
 
23:00-03:30
Sunday 
23:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
Supply of Alcohol
(on and off the premises)
Monday 
 
11:00-00:00
Tuesday 
 
11:00-00:00
Wednesday  
11:00-00:00
Thursday 
 
11:00-01:00
Friday  
11:00-03:30
Saturday 
 
11:00-03:30
Sunday 
11:00-01:00
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
The Opening hours of
the premises
Monday 
 
11:00-00:30
Tuesday 
 
11:00-00:30
Wednesday  
11:00-00:30
Thursday 
 
11:00-01:30
Friday  
11:00-04:00
Saturday 
 
11:00-04:00
Sunday 
11:00-01:30
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
· 
Remove conditions 47 and 48 from the premises licence.
 
Amend the following conditions to be added to
the premises licence:
 
· 
Amend condition 22 as follows:
 
"Sound systems should be calibrated
to ensure no noise is audible in the nearest sensitive premises or
externally"
 
· 
Amend condition 35 as follows:
 
"The number of people permitted
outside the premises to smoke is limited to FIFTEEN (15) people at
any one time, will be permitted in the designated smoking area up
to 45 minutes before closing time with protocols in place to
prevent people spilling onto any thoroughfare and to limit
noise".
 
· 
Amend condition 53 as follows:
 
"The maximum number of persons
(including staff) allowed at the premises shall not exceed 270
persons at all times while the premises are in operation. Seated
capacities will be removed on condition that an up to date Risk
Assessment is submitted to the Licensing Authority”.
 
· 
Amend condition 16; From: Last orders shall be called half an hour
before closing time as follows with amended hours:
 
Monday 
 
11:00-00:30
Tuesday 
 
11:00-00:30
Wednesday  
11:00-00:30
Thursday 
 
11:00-01:30
Friday  
11:00-04:00
Saturday 
 
11:00-04:00
Sunday 
11:00-01:30
 
Non-standard
hours: 
Bank holiday Sundays to extend the
permitted hours for all licensable activity until 03:30.the
following day.
 
New Year’s Eve to extend the
permitted hours for all licensable activity until 03:30 on 1st
January each year.
 
And the following conditions be added to the
premises licence:
 
· 
No drinks are permitted to be taken outside of the premises.
 
· 
There shall be a staggered "Soft closure" 20 minutes before the
closure of each floor. Each floor shall be closed 20 minutes apart
starting with the ground floor and then after 20 minutes the
closure of the basement.
 
· 
The Premises License Holder shall provide the following policies to
the Licensing Authority:
 
Dispersal Policy
Capacity Management
Customer Dispersal
Age Verification
Noise Management
Incident Procedures
Crime Prevention, Customer Awareness
& Anti-theft procedures -
Illegal Drugs Policy &
Procedure
Women’s Safety
Customer Health &
Safety 
Staff Health & Safety 
Harassment procedures
Waster, Recycling,
Sustainability 
Healthy Consumption
Non-alcohol related product
provision
 
· 
An SIA door supervisor shall be employed on Friday and Saturday
nights from at least 20:00 hours, and at other times on a risk
assessment basis. When employed, all SIA staff shall wear a high
visibility armband or vest to be easily identifiable. They shall
enter their name, address, SIA number and times they begin and
finish their shift in a daily register. If employed by an agency
all agency contact details shall be recorded also. The records must
be maintained for a period of one year, a copy kept at the premises
and made available upon request to an authorised officer of the
Licensing Authority or the Police
 
Reasons for the
decision
 
The application to vary the premises licence
has been approved as the Licensing Sub-committee was satisfied that
the licensing objectives would not be undermined.
 
The Sub-committee took into account that the
Licensing Authority and Other Persons made representations
objecting to the application. The Sub-committee noted that the
Police withdrew their representations after agreeing hours and
conditions with the Applicant.
 
The Sub-committee took into consideration the
Applicant’s representation that the premises is an LGBTQI+
club and it has a history of working with large scale
organisations. The Applicant has worked with the Police and the
Licensing Authority and other Responsible Authorities and they are
Hackney Nights accredited.
 
The Sub-committee took into account the
Applicant made representations that they had invested in double
glazing, a sound system and acoustic walls on the ground floor of
the premises. They had implemented 'Ask Angela' and retained staff
for at least two years at a time. They have a sound limiter and
there are no drum kits.
 
The Licensing Authority made representations
about core hours under Policy LP3 and the potential to undermine
the licensing objectives.
 
The Other Persons (local residents) did not
agree with the Applicant. They felt that the flats above the
premises would be affected by noise, and had concerns about the
application and how noise nuisance would impact the area.
 
The local residents also made representations
about public nuisance with the proposed hours. They felt the
Applicant’s noise report does not mitigate the proposed hours
and undermines the licensing objectives.
 
The Applicant made representations that they
have compromised on other days of the week and they will continue
to review the hours and have staggered closing. They will also
monitor and test how the additional hours impact the area.
 
The Sub-committee felt there was a potential
for noise nuisance and the hours are already well in excess of
Policy LP3 core hours. The weekend hours have been agreed.
 
The Sub-committee noted the Police withdrew
their representation offering agreed hours and conditions. The
Sub-committee took into consideration that the Licensing Authority
were concerned about the impact on the area.
 
The Sub-committee felt that the Applicant had
put in place mitigating factors and conditions for operating the
premises responsibly. There has been a significant investment in
the premises to prevent noise breakout, to reduce noise nuisance
and any impact on the area. It was noted that a Fire Risk
Assessment is needed. The Sub-committee noted that the Applicant
had a number of temporary events and there were no issues
arising.
 
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.
 
Public Informatives
 
1. 
The Premises Licence Holder is encouraged to continue working with
Responsible Authorities to prevent any public nuisance or negative
impact in the area.
 
2. 
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.