Content

The decision
 
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, to
allow authorisation for the provision of late night refreshment on
Friday to Saturday, 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 for licensable activities, shall be,
as agreed:
 
Late Night Refreshment
 
Friday - Saturday  23:00 - 01:00
 
Opening Hours of the premises
 
Monday - Thursday 12:00 - 23:00
Friday - Saturday  12:00 - 01:00
Sunday 
 
10:00 - 23:00
 
And the following agreed conditions to be
added to the premises licence:
 
1. 
The Licensee shall ensure that all staff are fully trained and made
aware of the legal requirement of businesses to comply with their
responsibility as regards the disposal of waste produced from the
business premises. The procedure for handling and preparing for
disposal of the waste shall be in writing and displayed in a
prominent place where it can be referred to at all times by
staff.
 
2. 
The Licensee shall ensure that any contract for general and
recyclable waste disposal shall be appropriate in size to the
amount of waste produced by the business. The Licensee shall
maintain an adequate supply of waste receptacles provided by his
registered waste carrier (refuse sacks or commercial waste bins) in
order to ensure all refuse emanating from the business is always
presented for collection by his waste carrier and shall not use any
plain black or unidentifiable refuse sacks or any other
unidentifiable or unmarked waste receptacles.
 
3. 
The Licensee’s premises are situated in an area within which
refuse may only be left on the public highway at certain times
(time bands). If the Licensee’s waste carrier cannot or does
not comply by collecting the refuse within an hour after the close
of any time band imposed by the waste authority, the Licensee must
remove the refuse from the public highway and/or keep it within the
premises until such time as his/her waste carrier arrives to
collect the refuse.
 
4. 
The Licensee shall instruct members of staff to make regular checks
of the area immediately outside the premises and remove any litter,
bottles and glasses emanating from the premises. A final check
should be made at close of business.
 
5. 
The Licensee shall provide a safe receptacle for cigarette ends to
be placed outside for the use of customers, such receptacle being
carefully placed so as not to cause an obstruction or trip.
 
6. 
The current trade waste agreement/duty of care waste transfer
document shall be conspicuously displayed and maintained in the
window of the premises where it can be conveniently seen and read
by persons standing in Hoxton Chicken & Pizza. This should
remain unobstructed at all times and should clearly identify: -
· 
the name of the registered waste carrier
· 
the date of commencement of trade waste contract
· 
the date of expiry of trade waste contract
· 
the days and times of collection
· 
the type of waste including the European Waste Code
 
7. 
The minimum number of staff present at the premises shall be 4.
 
8. 
The Licence holder to submit a Delivery Management Plan to the
Licensing Authority.
 
9. 
A comprehensive CCTV system as per the minimum requirements of a
Metropolitan Police Crime Prevention Officer shall be maintained.
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.
 
 
10.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.
This staff member shall be able to show Police or an authorised
officer of Hackney Borough Council recent data or footage with the
absolute minimum of delay when requested.
 
11.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.
 
12.There shall be clear and prominent signage
asking all customers to leave quietly and respect local
residents.
 
13.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.
 
Reasons for the
decision
 
The application 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 the
submission from the Applicant who explained that they had applied
for a new premises licence to extend their opening hours in order
to sustain their business. They previously had a licence and had
good trade but currently were reliant on day time business which
was limited. The Applicant explained their previous late night
licence had lapsed and they needed the new licence to operate later
to secure further business;
 
The Sub-Committee took into account the
representations from the Responsible Authorities, Environmental
Enforcement, the Licensing Authority, and the Police. Environmental
Enforcement had made a written submission and they had submitted
six conditions, which the Applicant confirmed that they
accepted.
 
The Sub-Committee noted the concerns of the
Licensing Authority and the Police about the premises being very
close to Shoreditch and the hours applied for were beyond Policy
LP3. The Police remained concerned as the premises were close to
the main night-time economy area and would disturb residents. The
Police were concerned that opening very late in a densely populated
residential area would cause anti-social behaviour. The Police
believed the Applicant was familiar and aware of their duties under
the licensing regime and had not engaged with them. The Licensing
Authority reiterated similar concerns about the proposed hours, the
premises’ proximity to residential properties and the impact
on people living in the area.
 
The Sub-Committee took into consideration a
submission from an Other Person, (a local resident), who, though
sympathetic to the Applicant’s position, highlighted that the
premises' shutters caused a lot of noise when closing. The extended
hours would awaken neighbours and affect sleep. It would also
attract nearby Shoreditch late night revellers to come to the area
which was already noisy and pose a risk to public safety. The Other
Person explained they would be amenable to the licence being
limited to 01:00, but 04:00 would be too late. The Sub-Committee
noted that the Other Person had not made any complaints in the
past, as some noise was expected living on Hoxton Street. The
Sub-Committee also took into consideration that the issue of noise
emanating from the shutters had not been raised with the
Applicant.
 
The Sub-Committee, after hearing all the
representations from the various parties at the hearing, and also
taking into account their written submissions, as set out in the
published application report, had decided to grant Friday and
Saturday until 01:00.
 
The Sub-Committee felt that based on the
evidence in the hearing the operation of the premises would not
undermine the licensing objectives.
 
Having taken all of the above factors into
consideration the Sub-Committee was satisfied that by granting this
premises licence, the licensing objectives would be promoted.