Content

The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing of Tuesday 16 January 2024 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 partially approved in accordance with the Council’s
Statement of Licensing Policy and the proposed condition set out in
paragraph 8.1 of the report as applied for with the following
additional condition to be added to the premises licence:
 
? The varied hours for licensable activities,
shall be:
 
Live Music
 
Thursday to Saturday 
12:00 - 04:00
 
Recorded Music
 
Thursday to Saturday 
12:00 - 04:00
 
Late Night Refreshment
 
Thursday to Saturday 
23:00 - 04:00
 
Supply of Alcohol (On sales)
 
Thursday to Saturday 
12:00 - 04:00
 
Opening hours of the premises
 
Thursday to Saturday 
12:00 - 04:30
 
The Premises Licence holder shall submit a
Dispersal Policy to be approved by the Licensing Authority.
 
Reasons for the
decision
 
The Sub-Committee agreed to approve a partial
variation of the premises licence. The variation of the hours
applied for until 4:00am was approved for Thursday to Saturday. The
Licensing Sub-Committee decided not to grant the amendment to
condition 64 and they decided to keep the condition unchanged at
2:00am due to issues in the Shoreditch area. The Sub-Committee was
satisfied that the licensing objectives would not be
undermined.
The Sub-Committee noted that the Environmental
Protection Team agreed to a condition with the Applicant in advance
of the hearing and withdrew their objection.
 
The Sub-Committee recognised that the
Applicant had managed a well run
premises for a long time and the Applicant was an experienced
operator. The Sub-committee noted that they had applied previously
and been granted nine late-night Temporary Event Notices (TENS), to
operate to similar hours to the hours proposed, without any
complaints. The Sub-Committee noted that no representation had been
made by the Police objecting to the application. 
 
The Sub-Committee took into account that the
Licensing Authority had made representations both at the hearing
and through a written submission objecting to the application on
the grounds of the Prevention of Crime and Disorder and the
Prevention of Public Nuisance. The Sub-Committee noted their
concerns raised about the potential negative cumulative impact, and
public nuisance from patrons in the immediate area of the premises
if the additional hour until 4:00am was granted. The Licensing
Authority made it clear that the Premises Licence Holder’s
agreement to no patron admittance after 2:00 am would go some way
to alleviate their concerns about the potential impact on the area
and the licensing objectives.
 
The Sub-Committee took into account the
representations made both at the hearing and through written
submissions by Other Persons in support of the application. The
Sub-Committee noted that 8 letters of support for the application
were received by local residents. The Other Persons in support of
the application highlighted the increased security presence in the
area provided by the Applicant’s security team and that the
proposed extended hours would help to continue to maintain that
security. The Other Persons also reported that they had not
experienced any issues relating to noise nuisance emanating from
the premises. They also highlighted that the dispersal of patrons
from the premises had improved due to the security personnel
ensuring that no customers were hanging around the premises. The
Sub-Committee noted that the SIA security staff monitored the area
and the beer garden entry area.
 
 
The Sub-Committee took into account
representations made both at the hearing and through a written
submission by Other Persons who objected to the application on the
grounds of the four licensing objectives: Prevention of Crime and
Disorder, Public Safety, Prevention of Public Nuisance and the
Protection of Children from Harm. The Sub-Committee noted their
concerns about the potential negative cumulative impact of patrons
leaving the premises at 4:00 am, as proposed by the Applicant,
would put pressure on the Police resources at that time of the
morning, and they did not want local residents disturbed late at
night. They highlighted that several other licensed premises in the
area closed earlier at 2:00 am.
 
Having taken all of the above factors into
consideration the Sub-committee was satisfied that by granting this
variation to the premises licence to increase the operating hours
that the licensing objectives would continue to be promoted.
Public
Informative:
 
The Premises Licence Holder is advised as part
of the rigorous monitoring and checking that all staff are to be
well trained, and to undertake the required training including Wave
training, training for vulnerable persons and other training
offered by the Council’s Hackney Nights portal as part of the
Hackney Nights accredited training scheme.
 
The Premises License Holder is advised to turn
the music down from 3:30am to help stagger dispersal from the
premises.
 
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.