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 Policy 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
 
Monday - Saturday 
23:00 - 00:00
 
Opening Hours of the premises
 
Monday - Saturday 
12:00 - 00:00
 
Sunday 
 
12:00 - 23:00
 
And the following condition to be added to the
premises licence:
 
Orders must be fulfilled by delivery to a
commercial or residential address only. No orders can be made or
collected by customers at the premises.
 
Reasons for the
decision
 
The Sub-Committee took into account the
submission from the Applicant who stated that electric scooters
with no noise will be used for deliveries after 23:00 hours. The
Applicant added that they did not use third-party delivery
drivers.
 
The Sub-Committee took into consideration that
in response to concerns about cooking odours the Applicant
indicated they had extraction fans and filters which they indicated
were cleaned and changed on a regular basis. The Sub-Committee
noted that the Applicant had reduced the proposed hours to 02.00
hours on Sunday - Thursday.
 
The Sub-Committee took into consideration that
Environmental Enforcement had withdrawn their representation prior
to the hearing based on agreed conditions with the Applicant as set
out in paragraph 8.1 of the application report.
 
The Sub-Committee took into consideration that
the Police had also withdrawn their representation prior to the
hearing based on amended hours as set out in paragraph 2.2, and
agreed conditions.
 
The Sub-Committee took into account the
Licensing Authority made representations on the grounds of the
prevention of public nuisance. They raised concerns about the
proposed hours going beyond Policy LP3 and that the Planning
Permission restricts the operating hours.
 
The Sub-Committee felt in terms of public
nuisance there were concerns with the hours after midnight that
will result in issues occurring and adds to the potential
disturbance to local residents.
 
The Sub-Committee heard representations from
Other Persons, both local residents and a Hackney Ward Councillor.
One local resident made representations on the grounds of public
nuisance and crime and disorder in the area. They reside opposite a
bus stop and they live on the first floor. They have disturbances
late at night by drivers and customers.
 
The Sub-Committee also took into consideration
representation from another Other Person, a Hackney Ward
Councillor, who in their submission explained that with the best
will in the world they will cause a disturbance late at night.
Local residents' sleep will be affected and deliveries will make
noise and cause a public nuisance. They felt that the Planning
Permission is there for a reason and the hours should be complied
with.
 
The Sub-Committee noted from another local
resident, who made representations about the night-time noise,
cooking fumes. They can only open their windows when the premises
are closed. The local resident made representations that the
planning permission should be complied with. The local resident
made representations that this business does not need to operate
late at night, and the food order together with the moped/scooter
noise will cause a disturbance.
 
The Sub-Committee felt that the licensing
authority made a strong case on the operating hours and the
Sub-Committee took into consideration the permitted hours under the
planning permission. The Sub-Committee felt that reducing the hours
would prevent the licensing objectives being undermined.
 
The Sub-Committee took into consideration that
the premises are in close proximity to local residents and that it
will have a negative impact if the premises operated after
midnight.
 
The Sub-Committee had concerns about the
premises ability to control the public nuisance and in particular
the food odours that are affecting local residents.
 
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.
 
Public
Informative
 
1. 
The Premises Licence Holder is encouraged to work with local
residents and be proactive with resident engagement to prevent any
public nuisance or negative impact in the area.
 
2. 
The Sub-Committee heard and were concerned about allegations of
odour nuisance and fume extraction negatively harming residents.
The Premises Licence Holder is therefore advised to maintain a
regular cleaning and maintenance schedule. Residents are also
advised to report any odour nuisance to the Council's Environmental
Protection Service who have powers to tackle odour nuisance under
the Environmental Protection Act 1990.