Content

The decision
 
The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing today 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 the proposed conditions set out in paragraph
8.1 of the report, with the following amendments:
 
? The hours for licensable activities, shall
be:
 
Plays
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Films
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Indoor Sporting Events 
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Live Music
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Recorded Music 
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Performance of Dance
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Anything of a Similar Nature  
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Late Night Refreshment
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
23:00 - 05:00
Saturday  23:00 -
05:00
 
Supply of Alcohol (On the premises)
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 05:00
Saturday  10:00 -
05:00
 
Supply of Alcohol (Off the premises)
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
10:00 - 23:00
Saturday  10:00 -
23:00
 
Opening Hours
 
Ground Floor Area 1 (Earth Hall)
 
Friday  
08:00 - 05:30
Saturday  08:00 -
05:30
 
?And the following conditions to be added to
the premises licence: 
 
· 
Condition 44(iii) will be amended and read as follows:
 
“The maximum number of persons permitted
on the premises at any one time shall not exceed:
 
i) Area 1: 1200 persons (excluding
staff)
ii) Restaurant and bar: 300 persons
(excluding staff)
iii) Area 3 Theatre: 750 persons
(excluding staff)”
 
· 
Condition 36 will be amended and read as follows:
 
“There shall be no customer
entry to the premises after 02:00”
 
· 
There shall be no loading or unloading of musical equipment between
00:00 and 08:00.
 
· 
A revised Dispersal Policy shall be submitted to the Licensing
Authority before the variation hours commence.
 
· 
A revised Queueing Policy shall be submitted to the Licensing
Authority before the variation hours commence.
 
Reasons for the
decision
 
The application to vary this premises licence
has been approved subject to the above conditions, because members
of the Licensing Sub-Committee were satisfied that the licensing
objectives would not be undermined in the Dalston Special
Consideration Area.
 
The Sub-Committee took into account that the
Environmental Protection Service and the Police withdrew their
representations, and they agreed conditions with the Premises
Licence Holder in advance of the hearing.
 
 
The Sub-Committee took into account that the
Licensing Authority made representations on the grounds of public
nuisance. It was noted that no other Responsible Authority made
representations.
 
The Sub-Committee took into account that there
were 211 representations from Other Persons. The Sub-Committee took
into consideration that 200 representations supported the
application, including local residents, businesses, and cultural
institutions, and 11 representations from local residents objected
to the application.
 
The Sub-Committee took into consideration the
Premises Licence Holder’s legal representative made
representations that the premises is a unique venue that has hosted
over half a million people for diverse theatre, arts, music, and
education. The Premises Licence Holder’s legal representative
contended that the proposed changes would promote attendance in
arts and cultural performances and allow for an earlier live music
show followed by subsequent multidisciplinary events and more
controlled dispersal. The Premises Licence Holder takes feedback
very seriously and is willing to work with the Licensing Authority
to improve.
 
The Sub-Committee took into consideration that
the concerns raised by the local resident were addressed by the
Premises Licence Holder who met with the local resident.
 
The Sub-Committee heard representations from a
local resident of 25 years, who spoke in support of the premises,
acknowledging the valid concerns of residents, however, sharing
their own positive experiences. They expressed that the premises
had a positive impact on the area, rejuvenated and provided a
well-run premises attracting diverse crowds. Also the premises had
culturally enriched the area and made it safer.
 
The Sub-Committee heard the Licensing
Authority’s representations about the negative impact on the
area and on local residents. The Licensing Authority made
representations that the premises need to look at the concerns
raised by the local residents, and to make the necessary
improvements to prevent a disturbance and any noise nuisance late
at night.
 
The Sub-Committee heard representations from
local residents who objected to the application that residents
should not have their sleep disturbed. The local resident made
representations that dispersals posed public safety risks, with
large groups spilling into the road, and highlighted that extending
hours would exacerbate cumulative impact in the Dalston Special
Consideration Area.
 
 
The Sub-Committee took into consideration that
a local resident made representations that by extending the hours
to 5 am it would have an impact on the area and that people will be
loitering outside of the premises causing a disturbance to local
residence, and there would be no control over the music as they
have no sound limiter.
 
The Sub-Committee noted that the Premises
Licence Holder made representations that they do have soundproofing
throughout the premises and work with local residents to prevent
noise nuisance.
 
The Sub-Committee, after hearing from the
Applicant, the Applicant’s legal representative, the
Licensing Authority, and the Other Persons, was satisfied that the
premises would not have a negative impact in the Dalston Special
Consideration Area. The Sub-Committee felt the conditions in place
would mitigate negative impacts. The Premises Licence Holder and
their legal representative demonstrated that premises promote good
dispersal techniques and promote the licensing objectives. The
Sub-Committee took into consideration that the Premises Licence
Holder is familiar with the Dalston Special Consideration
Area. 
 
The Sub-Committee took into consideration that
the variation would have stricter conditions for the premises to
comply with. The Sub-Committee was satisfied that public transport
was sufficient at that time of night. The Sub-Committee noted that
the Police did not make a representation.
 
The Sub-Committee felt that a policy for
queueing and SIA security supervising would result in a more
controlled dispersal outside. Also it would prevent antisocial
behaviour and disorderly crowds both going in and out of the
premises.
 
The Sub-Committee took into account that the
premises do not allow drunken customers in and customers will not
be permitted bring drinks onto the premises
 
The Sub-Committee felt that the SIA needed to
extend to at least 20 minutes after closing to assist with
dispersal from the premises.
 
 
The Sub-Committee felt the premises license
holder has a proven and good track record and is a responsible
operator. The Sub-Committee noted that the Premises Licence holder
is willing to work with the Licensing Authority and local residents
to resolve issues and make improvements.
 
 
Having taken all the above factors into
consideration, the Sub-Committee was satisfied that by granting the
variation to this premises licence, the licensing objectives would
continue to be promoted in the Special Consideration Area.
 
Public
Informative
 
 
1. The Premises Licence Holder is
further reminded of the need to operate the premises according to
any current planning permission relating to its use class,
conditions and to regularise the hours as required.
 
2. It also should be noted for the
public record that the local planning authority should draw no
inference or be bound by this decision with regard to any future
planning application which may be made.
 
3.  The
Premises Licence Holder is encouraged to engage in meaningful
dialogue with the local residents to resolve any issues relating to
the premises, and for the Premises Licence holder to play their
part in reducing any impacts of noise emanating from the
premises.
 
4. 
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.