Content

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 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, with the following amendments:
 
Recorded Music:
 
Monday to Thursday 
  12:00 -
23:00
Friday to Saturday   
12:00 - 01:30
Sunday 
 
12:00 - 22:30
 
Anything of a similar description:
 
Monday to Thursday 
  12:00 -
23:00
Friday to Saturday   
12:00 - 01:30
Sunday 
 
12:00 - 22:30
 
Late Night Refreshment
 
Friday to Saturday   
23:00 - 01:30
 
Supply of Alcohol (on sales)
 
Monday to Wednesday   
12:00 - 23:00
Thursday 
12:00 - 00:00
Friday to Saturday   
12:00 - 01:30
Sunday 
 
12:00 - 22:30
 
Opening hours
 
Monday to Wednesday   
12:00 - 23:30
Thursday 
12:00 - 00:30
Friday to Saturday   
12:00 - 02:00
Sunday 
 
12:00 - 23:00
 
Remove Non-standard hours from the
Application.
 
Amend condition 19 as follows:
 
“All doors (including the front door at
street level) shall be kept closed when regulated entertainment is
in operation, except for the immediate ingress and egress of
patrons. Also customers are not permitted to use Miller Terrace
beyond core hours under Policy LP3”
 
And the following conditions to the Premises
Licence:
 
1. 
The Premises Licence holder shall provide a risk assessment to the
Licensing Authority to determine the capacity for the premises.
 
2. 
There shall be a written dispersal policy submitted to and approved
by the Licensing Authority and the Police. The approved dispersal
policy shall be implemented at the premises. All staff shall be
briefed on this dispersal policy. A copy of the policy shall be
kept on the premises and shall be produced to a Police officer or
other authorised officer upon request.
 
The Premises Licence holder shall work with
the Police to confirm the appropriate access to the premises either
through the front or back doors.
 
The Premises Licence holder has agreed the
following 11 conditions proposed by the Police that will be added
to the premises licence:
 
1) A minimum of 1 SIA door supervisors shall
be employed on a Friday and Saturday after 20:00 (and additional
SIA on a risk assessment basis on Fridays and Saturdays) and at
other times on a risk assessment basis. When employed, all SIA
staff shall wear a high visibility armband or vest to be easily
identifiable. They shall enter their name, address, SIA number and
times they begin and finish their shift in a daily register. If
employed by an agency all agency contact details shall be recorded
also.
 
2) The premises shall maintain a comprehensive
CCTV system as per the
minimum requirements of a Metropolitan Police
Crime Prevention Officer. 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.
 
3) 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.
 
4) 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.
 
5) There shall be clear and prominent signage
asking all customers to leave quietly and respect local
residents.
 
6) All instances of crime or disorder to be
reported by the designated premises
supervisor or responsible member of staff to
an agreed Police contact point, as
agreed with the Police.
 
7) Where the sale or supply of alcohol is
taking place employees of the premises must request sight of
evidence of the age of any person appearing to be under 25 years of
age (Challenge 25). Such evidence may include a driving licence or
passport.
 
8) The premises will display and maintain
appropriate signage advising
customers of the contact details of the
Designated Premises Supervisor.
 
9) All staff will be given refresher training
every six months on the legislation
relating to the sales of alcohol to underage
persons and drunken persons.
Written records of this training shall be kept
on the premises and produced to
Police or other authorised officer upon
request
 
10) The number of smokers outside will be
limited to no more than 6 at any one time.
 
11) No drinks are to be taken outside.
 
Reasons for the
decision
 
The application for a premises licence has
been approved because the Licensing Sub-committee was satisfied
that the licensing objectives would not be undermined.
 
The Sub-committee took into consideration that
the Environmental Protection Team agreed conditions in advance of
the hearing with the Applicant and withdrew their
representation.
 
The Sub-committee took into consideration the
representations made by the 
Metropolitan Police Service (“the Police”) and two
local residents (Other Persons) objecting to this application, and
their concerns about the operation of the premises late at
night.
 
The Sub-committee took into account that this
was an application for a premises licence, following the lapse of
the previous premises licence, which was not transferred within 28
days.
 
The Sub-committee took into consideration that
the Police had concerns about the later hours, and that they
preferred the hours that were as previously given on the premises
licence. The Police made representations that the non-standard
hours proposed were acceptable and that they had no concerns
following the temporary events that were held at the premises. The
Sub-committee noted that the premises are proposing to have events
for the community to build up the night time economy. The Police
made representations that they would prefer the entrance and exit
to be at the front to prevent local residents being disturbed.
 
The Sub-committee took into account that the
Police visited the premises, the layout was the same as it was
previously with removable tables and chairs, and the bar was in the
same position. The Sub-committee noted that previously it had taken
a great deal of work to get to the point of the premises licence
being granted and that the Police wanted to continue that work. The
Police made representations that by the Applicant operating under
similar terms as the previous licence that lapsed, the Applicant
would be able to build up a track record to show that they were
able to comply with the terms and conditions of their licence.
 
The Sub-committee took into consideration the
written representations made by 2 local residents and the
representations that were made during the hearing by the local
resident that attended. The Sub-committee took into consideration
that the local resident, who attended, did not believe that the
Applicant had any experience in operating a premises licence, and
that they were encouraging customers to loiter around the premises,
late at night, causing a disturbance to local residents. The
Sub-committee noted that the local resident did not feel that the
Applicant had made their case. In addition, the local resident made
representations that there was no dispersal policy and that the
noise was much louder than ambient noise.
 
The Sub-committee took into consideration that
the local resident, who attended, was not persuaded by any of the
representations made by the Applicant, and that they had not
discharged their burden of proof to show how they would operate the
premises. In addition, the Sub-committee noted the local resident
felt that the Applicant did not demonstrate that they would not
operate beyond their hours or that they would not add to the
cumulative impact.
 
The Sub-committee heard representations from
the Applicant that they were seeking an alcohol licence until 02:30
because there were other local establishments with similar hours in
the area. The Applicant contended that they were looking to provide
events to the LGBT customers who asked for later hours, and this
prompted them to apply for later hours. The Sub-committee took into
account that the Applicant did not envisage opening until 02:30 or
03:00 regularly; they were just seeking the hours so that the
customers would have the option to run their events to a later time
if they wanted to.
 
The Sub-committee took into consideration
representations from the Applicant that the back door was not kept
open and that they have barriers in place to prevent the noise
escaping through the back door. The Applicant confirmed that they
operated successful temporary events. The Applicant made
representations that they were not intending to operate the
premises as it had been operated previously, and they intended to
have functions for local artists, the LGBT community and the deaf
community. They were not proposing to have a nightclub. They just
wanted to have a small wine bar. The Applicant confirmed that they
held karaoke nights which had gone well, and that the clients they
were looking to attract would be those for exhibitions and
customers from the deaf community to hear music through vibration
of headphones. The Applicant made representations that the deaf
customers wanted a place where they could go and have their
celebrations.
 
The Sub-committee took into account that the
Applicant will not provide food at the premises, and the
expectation was that customers would either eat before or after
they came to the events. The Sub-committee noted the capacity of
the premises is 75 however they were not expecting to have the
maximum number of customers at any one time.
 
The Sub-committee took into consideration that
the Applicant had CCTV operating at the premises, and that they
have done a great deal of work to improve the premises. The
Sub-committee took into account that they were only seeking to have
the additional hours for small extended functions up to 02:30 am
and just in case the event wanted to continue later. The Applicant
confirmed that they have two sets of doors at the front of the
premises one is the security door that would prevent noise breakout
or local residents being disturbed. The Sub-committee took into
consideration that the premises are situated on a main road.
Therefore, there is no drop-off and picking up points from the
premises. The Applicant agreed that there would be no more than six
smokers at any one time outside of the premises.
 
The Sub-committee took into consideration that
the Police were satisfied with the hours and conditions agreed by
the Applicant while the Applicant builds up a track record to
demonstrate that they are a responsible operator.
 
The Sub-committee took into consideration
mitigating factors that the Applicant had been working with their
neighbours and they had used a sound limiter to prevent noise
nuisance. The Sub-committee felt that the Applicant had addressed
the concerns raised by local residents.
 
The Sub-committee took into consideration each
application on its own merits, and they did not take into
consideration economic factors.
 
Having taken all of the above factors into
consideration, the Licensing Sub-committee was satisfied, when
granting this application for a premises licence, that the
Applicant had offered adequate conditions, reduced hours, and the
licensing objectives would be promoted.
 
 
 
 
 
Your right to
appeal

 
If
you are aggrieved by any term, condition or restriction attached to
this decision, you have the right to appeal to the Thames
Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days
of
the date you receive this written decision.