Content

The Licensing
Sub-Committee, in considering this decision from the
information
presented to them
within the report and at the hearing 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 for a
premises licence has been approved in accordance with
the Council’s
Statement of Licensing and the proposed conditions set out
in
paragraph 8.1 of the
report.
 
The hours of
licensable activity
 
Films
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday 
10:00 - 02:30
Saturday  10:00 -
02:30
Sunday 
10:00 - 00:30
 
Non-standard
Hours:
 
Saturday: An additional hour is
added to the end times on the day British  Summer Time
commences.
 
Live Music
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday   10:00 -
02:30
Saturday  10:00 -
02:30
Sunday 
10:00 - 00:30
 
Non-standard
Hours:
 
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Recorded
Music
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday 
10:00 - 02:30
Saturday  10:00 -
02:30
Sunday 
10:00 - 00:30
 
Non-standard
Hours:
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Performance of
Dance
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday 
10:00 - 02:30
Saturday  10:00 -
02:30
Sunday 
10:00 - 00:30
 
Non-standard
Hours:
 
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Anything of a similar
description
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday 
10:00 - 02:30
Saturday  10:00 -
02:30
Sunday 
10:00 - 00:30
 
Non-standard
Hours:
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Late Night
Refreshment
 
Friday 
23:00 - 02:30
Saturday  23:00 -
02:30
Saturday  23:00 -
00:30
 
Non-standard
Hours:
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Supply of Alcohol (On
sales)
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday 
10:00 - 02:30
Saturday  10:00 -
02:30
Sunday 
10:00 - 00:30
 
Non-standard
Hours:
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Opening
hours
 
Monday 
10:00 - 23:00
Tuesday.  10:00 -
23:00
Wednesday  10:00 - 23:00
Thursday  10:00 -
23:00
Friday 
10:00 - 03:00
Saturday  10:00 -
03:00
Sunday 
10:00 - 01:00
 
Non-standard
Hours:
Saturday: An
additional hour is added to the end times on the day
British
Summer Time
commences.
 
Condition 11 to be
amended as follows:
 
"There shall be no
admittance or re-admittance to the premises  1 hour
before
the end of licensable
activities, except for patrons permitted to temporarily
leave
the premises to
smoke".
 
Condition 16 to be amended with
the additional condition:
 
The wording of
condition 16 to remain the same 16 (a) to (d).
 
The additional 16 (e)
to read as follows:
 
“Any limiter
installed shall be approved by an authorised officer of the
London
orough of Hackney”
 
Condition 19 to be amended as
follows:
 
The Premises Licence
holder shall submit the following policies to the
Licensing
Authority and the
Metropolitan Police Service. These shall be available
for
inspection at the
premises by an authorised officer.
 
19. The premises
licence holder will devise and maintain the following
policies:
 
a.
Dispersal
 
This policy will
include but not limited to:
 
i. How patrons leave the
premises;
ii. How patrons will
be informed of the services of taxi and private hire
operators;
iii. What staff will
be responsible for supervising those leaving the premises
and
how they will
supervise such persons; iv. Any ‘wind’ down
periods;
v. How bottles and
glasses will be prevented from being removed from the
premises.
vi. Any management
controls and practical steps
vii. All measures to
control any noise generated by patrons leaving the
premises
 
b. Security
 
This policy will
include but not limited to:
i. 
Clear expectations of staff roles (including the
DPS, managers/supervisors and door supervisors);
ii. 
Staff training regarding identification of
suspicious activity and what action to take; c. Drugs, this will be
a zero-tolerance policy with regard to the use/possession of
controlled drugs and psychoactive substances Including but not
limited to:
iii. 
Dealing with patrons suspected of using drugs on the
premises; ii. Scrutiny of spaces including toilets or outside
areas;
iv. 
The handling of items suspected to be illegal drugs
or psychoactive substances.
v. 
Steps taken to discourage and disrupt drug use on
the premise
substances.
vi   Steps taken to
discourage and disrupt drug use on the premises
vii  Steps to be
taken to inform patrons of the premises drug
policy/practice.
Viii  A copy of the policies
will be on site and available to view by an authorised officer of
London Borough of Hackney, or the Metropolitan Police immediately.
Any revisions to the above policies shall be submitted to The
London Borough of Hackney, and the Metropolitan Police Service with
28 days of such revisions.
 
Condition
23 
 
After 20:00 no person
under 18 years of age shall be admitted to the premises
or allowed to remain
on the premises.
 
And the following
conditions to be added to the premises licence:
 
· 
There shall be no sales of alcohol for consumption
off the premises
 
· 
No licensable activities are permitted on the 1st,
2nd and 3rd floors of the premises. 
 
· 
No collections of waste or recycling materials
including the movement of glass bottles within or from the premises
shall take place between 22:00 hrs and 07:00 hrs.
 
 
· 
A qualified Acoustic Consultant, who is a member of
the Institute of Acoustics (loA) or
other similar professional body, should be appointed by the
applicant to undertake a full acoustic survey of the site, before
the commencement of regulated entertainment, to determine the
maximum music noise levels and noise levels from patrons. These
levels should be such as not to cause a noise nuisance in the
nearest noise sensitive premises during the provision of regulated
entertainment. The acoustic survey should be followed by a
comprehensive acoustic report outlining the survey's methodology,
established music noise levels, all nearest noise sensitive
premises and all recommended noise mitigation measures to be
implemented when regulated entertainment is taking place. The
acoustic report should be submitted to the Local Authority’s
Environmental Protection Service for approval. All the
recommendations within the report must be implemented prior to the
regulated entertainment taking place.
 
· 
Music emanating from the premises shall be played at
such a level to ensure that no nuisance is caused to any
unassociated residential or noise
sensitive premises.
 
· 
The designated smoking area will be on Wick Road.
The number of smokers allowed to use the smoking area will be a
maximum of 5 people.
 
Condition
24 
 
After 23:00 this premises shall
only operate as a restaurant with entertainment where:
 
 
a. Food is provided in
the form of substantial table meals that are prepared on the
premises, are served and consumed at a table using non-disposable
crockery;
b. There is no
provision for takeaway food or drink for immediate consumption
 immediately outside the
premises
c. The Customers are
shown to their table;
d. The supply of
alcohol is by way of waiter or waitress service only to persons
seated at a table.
e. Alcohol is sold or
supplied for consumption on the premises by persons going to have
or have had a bona fide substantial table meal on the
premises. 
 
Reasons for the decision
 
The application for a premises
licence has been 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 two Other Persons (local residents) made
representations about public nuisance. The Sub-Committee noted the
Environmental Protection Service and the Police withdrew their
representations and agreed reduced hours on Sunday night to 01:00
and their concerns had been allayed in advance of the
hearing.
The Sub-Committee took into
account local residents made representations about the impact on
the area with a late night opening, concerns about noise being
generated late at night, and the disturbance caused to local
residents. The local residents had concerns about antisocial
behaviour and increased crime and disorder. There are concerns also
by local residents about traffic being increased and people smoking
which will lead to noise nuisance.
 
The Sub-Committee
heard the Applicant's legal representative made representations
that they need an acoustic report to prevent noise nuisance and
local residents can be involved. The premises will have 70 covers
over the ground floor and basement. It was noted that the intention
was for the whole building to be licensed. 
 
The Sub-Committee
noted that the smoking area is on Wick Road with five smokers at
any one time which the local residents asked for. The Sub-Committee
took into consideration that the entrance on Wick Road would be
monitored and customers would not be allowed to take drinks
outside.
 
The Applicant’s
legal representative contended that the escape door would be kept
shut. There will be no dance floor and no DJs. The Applicant will
identify the nearest adjoining residential unit and will carry out
an acoustic assessment.
 
The Sub-Committee took
into consideration the representations from the Applicant’s
legal representative that dispersal will be aided by people not
all  leaving
at the same time and they will be table bookings. Staff will be
trained, and the manager will provide contact details for
residents.
 
The Sub-Committee took
into consideration that the Applicant’s legal representative
made representations that a noise limiter will be used which will
be approved by the Environmental Protection Service.
 
The Sub-Committee
after considering all the representations felt that all the
conditions offered and the compromises given by the Applicant
provided assurances about how the premises would be operated.
However, the Sub-Committee had concerns about how far the measures
would be implemented and the impact on the local
residents.
 
The Sub-Committee took
into account that the local residents maintained their objections
and that they were still very concerned and not confident that the
Applicants proposals will be workable given the crime in the
area.
 
The Sub-Committee took
into consideration the Applicant has a comprehensive list of
conditions which mitigated the impact and noise nuisance. The
Sub-Committee also took into account the capacity of the premises,
which has a maximum 20 patrons in the basement and a maximum 50
patrons in the ground floor restaurant. The Sub-Committee felt
reassured that the Applicant was prepared to work with local
residents to resolve any noise issues, and they would contact local
residents regarding the soundproofing of the premises. 
 
The Sub-Committee
noted that the pub and restaurant had no reference to an
“AirBNB” use in the
application.
 
Having taken all of
the above factors into consideration the Sub-Committee was
satisfied that by granting the premises licence the licensing
objectives would not be undermined.
 
Public Informative
 
The Premises Licence
Holder is encouraged to continue working with local residents to
prevent any public nuisance or negative impact in the area.