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, and conditions as set out in paragraph 8.1 of the
report:
 
? The hours for licensable activities
 
Live Music
 
Monday 
 
12:00-22:00
Tuesday    12:00-22:00
Wednesday 
 
12:00-22:00
Thursday  
12:00-22:00
Friday 
 
12:00-22:00
Saturday 
 
12:00-22:00
Sunday 
 
12:00-22:00
 
Recorded Music 
 
Monday 
 
12:00-22:00
Tuesday    12:00-22:00
Wednesday 
 
12:00-22:00
Thursday  
12:00-22:00
Friday 
 
12:00-22:00
Saturday 
 
12:00-22:00
Sunday 
 
12:00-22:00
 
Supply of Alcohol (on and off the
premises)
 
Monday 
 
12:00-22:30
Tuesday    12:00-22:30
Wednesday 
 
12:00-22:30
Thursday  
12:00-22:30
Friday 
 
12:00-22:30
Saturday 
 
12:00-22:30
Sunday 
 
12:00-21:30
 
The Opening hours of the premises
 
Monday 
 
12:00-23:00
Tuesday    12:00-23:00
Wednesday 
 
12:00-23:00
Thursday  
12:00-23:00
Friday 
 
12:00-23:00
Saturday 
 
12:00-23:00
Sunday 
 
12:00-22:00
 
And the following conditions to be added to
the premises licence:
 
· 
Alcohol shall not be sold, supplied, or consumed inside the
premises otherwise than to persons who are taking substantial table
meals and that the consumption of alcohol by such persons is
ancillary to taking such meals.
 
· 
All external doors and windows shall be kept closed at the
premises, other
· 
than for access and egress.
 
· 
The Premises Licence Holder shall ensure that no noise can be heard
at the nearest sensitive residential property.
 
· 
No smoking is permitted outside of the premises at any time.
 
· 
No outdoor speakers are permitted at the premises.
 
· 
No regulated entertainment is permitted at the premises.
 
· 
A contact telephone number and email address must be available to
all local residents and the Environmental Protection Officers and
other Responsible Authorities, including on the website of the
premises, and on display at the premises.
 
· 
The capacity inside the premises shall be limited to no more than
40 persons at any one time (this does not include staff
members).
 
· 
No deliveries are permitted at the premises between 23:00 -
07:00.
 
· 
The Premises Licence holder shall submit a Dispersal Policy to the
Licensing Authority and the Police for approval, and shall include
no noise to be heard at the nearest sensitive property, which is to
be made available on request by an authorised Council officer.
 
· 
The Premises Licence holder shall submit a Delivery Management Plan
to the Licensing Authority and the Police for approval which is to
be made available on request by an authorised Council officer.
 
· 
All delivery drivers shall park away from the premises at all
times.
 
 
 
Reasons for the
decision
 
The application for a 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 consideration that
there were no representations from Responsible Authorities. The
Sub-Committee noted that the Environmental Enforcement Team agreed
to conditions with the Applicant and withdrew their
representations.
 
The Sub-Committee took into account that local
residents made representations objecting to the application on the
grounds of the four licensing objectives in particular public
nuisance.
 
The Sub-Committee heard representations made
by Councillor Martins, on behalf of a local resident in her ward,
that they were concerned about the licensing objectives being
undermined, and the impact on local residents in the area late at
night, even if the windows, and doors were closed. Councillor
Martin suggested that the hours should be reduced particularly on
weekdays when children will be affected by noise late at night. The
Sub-Committee took into consideration that a child’s bedroom
Is opposite the premises, and there is also a bus stop outside of
the premises.
 
The Sub-Committee took into consideration the
Applicant’s representations that they are operating a seafood
restaurant for five years. They have applied for live music on
Friday and Saturdays and plan to have events twice a week. The
Applicant contended that they have carried out construction works
to prevent noise nuisance. The events will end at 22:00, and they
do not intend to operate late at night. The Applicant made
representations that they have replaced the speakers in the
premises. The capacity of the premises is 40 and alcohol will be
served with a meal. The Applicant made representations that they
will always respect their neighbours and local residents, and did
not want to cause a disturbance. The Applicant made representations
that after 21:00 Dalston is a quiet and
calm area. In addition, they do not intend to play music now, but
in the future probably in the next six months or one year from now.
The Sub-Committee also noted that the Applicant will train their
staff to prevent noise nuisance.
 
The Sub-Committee took into account the
Applicant’s representations that the premises is a restaurant, and their customers will not all
leave at the same time. There are three staff in the restaurant and
on music nights they will hire additional security. The music that
they plan to play is acoustic slow Turkish with a singer and a
guitar. There will be no drums.
 
The Sub-Committee noted that the Applicant has
a noise limiter which the Applicant needs to consult the
Environmental Protection Service to set at the correct level. The
Sub-Committee took into consideration that Counsellor Martins was
satisfied with the Applicant’s submissions and the conditions
agreed during the hearing, and the Applicant was prepared to work
with local residents. The Sub-Committee noted that the premises
has air-conditioning that can be used in
hot weather
 
The Sub-Committee took into account that the
Applicant agreed to provide contact details to be on display at the
premises should any local residents or Responsible Authorities have
complaints. The Sub-Committee asked the Applicant to ensure that
delivery drivers will park away from the premises, and walk to the
premises to collect the orders.
 
The Sub-Committee took into account that the
Applicant agreed to provide a Delivery Management Plan to the
Licensing Authority and the Police.
 
The Sub-Committee took into consideration that
the Applicant is an experienced operator with a good track record.
The Sub-Committee was satisfied that the premises would not be
operated as a club, and the Applicant agreed to work with local
residents to prevent noise nuisance.
 
The Sub-Committee felt that the additional
conditions agreed by the Applicant gave the Sub-Committee some
reassurances, and that the premises would be operating Core hours
under Policy LP3. The Sub-Committee also felt that dispersal from
the premises was important and were satisfied that the Applicant
agreed to submit a Dispersal Policy to the Licensing Authority and
the Police.
 
Having taken all of the above factors into
consideration the Licensing Sub-Committee was satisfied that
granting the application would promote the licensing
objectives.
 
Public Informatives
 
The Premises Licence Holder is encouraged to
work with Environmental Protection on the noise limiter and other
works to prevent any public nuisance or negative impact in the
area.
 
The Premises Licence Holder is encouraged to
continue working with Responsible Authorities and local residents
to prevent any public nuisance or negative impact in the area. 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. The
Premises License Holder is encouraged to consider sustainable
fishing for the protection of the sea bed as set out in the Lyme
Bay Fisheries Conservation Reserve 
https://www.lymebayreserve.co.uk/ 
 
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