Content

The decision
 
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,
 
and in particular the prevention of public
nuisance, made the following determination:
 
 
1. Modify the conditions of the premises
licence.
 
The hours of licensable activity to remain
unchanged and the following agreed conditions to be added to the
premises licence:
 
 
1. 
The doors leading to Bentley Road shall be closed and rendered
unusable  by
customers after 22:00 daily, except for in the case of an
emergency.
 
2. Doors and windows shall be kept
closed, except for access and egress, when regulated entertainment
is taking place.
 
3. The premises management team shall
implement an External Area Management Plan, and a copy shall be
submitted to the Licensing Authority.
 
4. The premises management team shall
implement a Dispersal Policy, and a  copy shall be submitted to the Licensing
Authority.
 
5. The premises licence holder shall
ensure that a contact telephone number is made publicly available
so that local residents have a direct contact to the management
team during the times the premises is operating.
 
6. In the event that complaints are
received regarding noise from regulated entertainment, and those
complaints are substantiated by the Council’s Licensing or
Environmental Health Team, the premises licence holder will install
a sound limiter at the premises and all live and recorded music
shall be routed through that sound limiter.
 
Reasons for the
decision
 
The Licensing Sub-Committee after considering
the application and the representations from the Licensing
Authority, the representations from Other Persons and the
representations from Premises Licence Holder and their legal
representative decided to modify the conditions attached to the
premises licence.
The Sub-Committee took into account the 44
representations in support of the premises from Other Persons
(local residents). The Sub-Committee noted that there were no
representations from local residents that supported the Licensing
Authority’s application. The Sub-Committee also noted that no
other Responsible Authorities made representations.
 
The Sub-Committee took into consideration the
representations from the Licensing Authority that there would be a
specific External Area Management Plan, a Dispersal Policy and
additional conditions in place to mitigate the Licensing
Authority’s concerns.
 
The Sub-Committee noted that the number of
smokers will be agreed with the Licensing Authority and will be
covered in the External Area Management Plan.
 
The Sub-Committee took into consideration the
representations from the legal representative of the Premises
Licence Holder and the Premises Licence Holder acknowledging that
there had been issues at the premises. The Sub-Committee took into
consideration the witness statement of the Premises Licence
Holder.
 
The Sub-Committee took into consideration the
representations from 2 local residents, in support of the premises.
They made representations that they lived close to the premises and
never had any problems. They felt that the premises are an
important part of the Dalston community. They made representations
that the staff operate the premises with care and are welcoming to
everyone. They have full confidence that the premises will respond
to any concerns.
 
The Sub-Committee decided not to change the
current operating hours after hearing representations from the
Licensing Authority that they felt the operating hours could remain
unchanged provided that the agreed conditions together with the
Dispersal Policy and the External Area Management Plan are
implemented and adhered by the Premises Licence Holder and
staff.
 
The Sub-Committee sympathised with the
Premises Licence Holder’s circumstances, however, they felt
strongly that he needed to be able to hand over the running of the
premises to staff in his absence. The Sub-Committee felt it was not
acceptable, at any time, not to provide CCTV footage when requested
by an authorised officer
 
The Sub-Committee felt modifying the
conditions on the premises licence was appropriate to prevent the
licensing objectives being undermined. The Sub-Committee felt that
modification of the conditions attached to the premises licence
will ensure that the premises operate responsibly.
 
Public
Informative
 
The Premises Licence Holder is encouraged to
work with the Licensing Authority and local residents to prevent
any public nuisance or negative impact in the area.