Content

5.1    The acting Principal Licensing Officer
introduced the report in respect of an application for a premises
licence made by Zaid Anwarh under section 17 of the Licensing Act
2003. The application sought to authorise late night refreshment
from 23:00 to 04:00 on Mondays to Sunday. The premises are located
within the Special Policy Area (Dalston SPA). Representations
remained from Environmental Enforcement, the Licensing Authority
and one Other Person.
 
5.2  The
applicant, Zaid Anwarh made submissions in support of the
  application,
highlighting the following:
 
· 
Alcohol was not sold
at the premises;
· 
The current closure
time of 11pm was restrictive as the consumption of
· 
Pizza was more
prevalent later in the evening; 
· 
Other premises in the
area served alcohol until 2pm whilst other premises sold Pizza
until late;
· 
Having researched
issues around the Special Policy Area, it was now 
· 
proposed to have late
night refreshment until 4am on Friday and Saturday and until 2am on
other days of the week;
· 
Facial recognition, an
incident log and CCTV were available at the premises;
· 
1-2 Members of staff
were available at the premises at night;
· 
All rubbish was
cleared away from the premises.
 
5.3  The
Principal Licensing Officer made submissions in opposition to
the
application, highlighting the following:
 
· 
The Premises was in
the Special Policy area;
· 
The hours applied for
fell far outside core hours;
· 
The premises had been
discovered operating without a licence on 3 occasions;
· 
Welcomed no walk in
after 1pm and the conditions to be imposed, however some of these
would require amendment to become enforceable;
 
Discussion Phase
 
5.6  The
Sub-Committee asked for clarification as follows:
 
· 
How long the applicant
had operated at the premises;
· 
Whether details of
deliveries at the premises including any loading bays in the
vicinity of the premises;
· 
the whereabouts of the
Pelican crossing. He asked if the applicant had a management plan
for the premises; 
· 
concern about a 4am
closure with disturbance to local residents and difficulties around
passing trade;
· 
Whether the conditions
had been accepted.
 
5.9  The Principal
Licensing Officer clarified that the loading bays were not directly
opposite the premises with one bay outside the premises and that
the Pelican crossing was 4 to 5 premises down.
 
5.10  The applicant
confirmed:
 
· 
That he had managed
the premises for a number of years;
· 
That Uber used motor
bikes and electric scooters;
· 
The conditions
proposed were accepted;
· 
That there were no
residential dwellings above or opposite the premise so residents
would not be disturbed; 
· 
The shutters would be
half way closed later in the evening preventing difficulties around
passing trade;
· 
To agree to the
conditions as proposed by Environmental Enforcement.
· 
That a management plan
would be drawn up;
· 
That people would be
encouraged not to congregate;
· 
That other premises in
the area operated until later hours.
 
5.11  The Principal
Licensing Officer highlighted the following:
 
· 
Welcomed that there
would not be a late night walk in the premises
· 
Recommended core hours
- Monday to Friday until 12 midnight;
· 
That the condition on
CCTV should be reworded in accordance with the Police condition in
this regard;
· 
The  condition on deliveries was not enforceable and
required rewording; 
· 
That the shutters be
altered in such a way as to indicate delivery only.
 
5.12  The
Sub-Committee expressed concerns around cumulative impact
and
proposed core hours on Sunday to Thursday until 12 Midnight
and 2pm
on Friday and Saturday. Walk in to the premises should
remain at core
hours Some of the proposed conditions required rewording
with the addition of a delivery plan. 
It was suggested that the shutters be altered in such a way as to
indicate delivery only.
 
5.13  The Planning
and Licensing Lawyer confirmed that each application should be
considered on its own merits.
 
5.14  In closing,
the Principal Licensing Officer submitted;
 
· 
That the premises was
in the Special Policy Area;
· 
That the premises
should operate at core hours- Sunday to Thursday;
· 
Welcome the
suggestions around deliveries;
· 
The premises could
build up a track record through the use of Temporary Events
Notices;
· 
The importance of a
cut off time on walk-ins to the premises.
 
5.15  In closing,
the applicant submitted that he possessed a 5 star food
and
 
hygiene certificate, demonstrating the level of his management of
the
Premises and that the premises would not add to cumulative
impact in
The area.
 
RESOLVED:
 
The decision
 
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 and the
proposed conditions set out in paragraph 8.1 of the report, with
the following amendments:
 
The hours of licensable activity:
 
Late Night Refreshment
 
Sunday - Thursday  
23:00 - 00:00
 
Friday - Saturday   
23:00 - 0200
 
Food Deliveries
 
Friday - Saturday 
 
 00:00 - 0200
 
Opening Hours:
 
Sunday - Thursday 
 
11:00 - 00:00
 
Friday - Saturday   
11:00 - 0200
 
Remove condition 15 from the licence as not enforceable and
to be added to the Delivery Management Plan
 
And the following conditions to be added to the
licence:
 
Food Delivery services shall be permitted only on Friday to
Saturday from 00:00 - 02:00
 
Display prominent signs on the premises on Fridays and
Saturdays
to make customers aware that they are only open for
food
deliveries from 00:00 - 02:00.
 
The Applicant to provide a Delivery Management Plan to the
Licensing Authority for approval.
 
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.
 
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.
 
There shall be ‘CCTV in operation’ signs
prominently displayed.
 
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.
 
There shall be clear and prominent signage asking all
customers to leave quietly and respect local residents.
 
The Licensee shall ensure that all relevant staff are fully
trained and made aware of the legal requirement of businesses to
comply with their responsibility as regards the disposal of waste
produced from the business premises. The procedure for handling and
preparing for disposal of the waste shall be in writing and
displayed in a prominent place where it can be referred to at all
times by staff.
 
The Licensee shall ensure that any contract for general and
recyclable waste disposal shall be appropriate in size to the
amount of waste produced by the business. The Licensee shall
maintain an adequate supply of waste receptacles provided by his
registered waste carrier (refuse sacks or commercial waste bins) in
order to ensure all refuse emanating from the business is always
presented for collection by his waste carrier and shall not use any
plain black or unidentifiable refuse sacks or any other
unidentifiable or unmarked waste receptacles.
 
In order to minimise the amount of time any waste remains
on the public highway in readiness for collection, the Licensee
will ensure the timeframe within which it may expect its waste
carrier to collect is adhered to.
 
The Licensee shall instruct members of staff to make
regular checks of the area immediately outside the premises and
remove any litter, bottles and glasses emanating from the premises.
A final check should be made at close of business.
 
The Licensee shall provide a safe receptacle for cigarette
ends to be placed outside for the use of customers, such
receptacles being carefully placed so as not to cause an
obstruction or trip.
 
The current trade waste agreement/duty of care waste
transfer document shall be conspicuously displayed and maintained
in the window of the premises where it can be conveniently seen and
read by persons standing in the Barrel Boulangerie. This should remain unobstructed at all
times and should clearly identify:-
 
?
the name of the registered waste carrier
?
the date of commencement of trade waste contract
?
the date of expiry of trade waste contract
?
the days and times of collection
?
the type of waste including the European Waste Code
 
Reasons for the decision
 
The application for a premises licence has been approved,
as members of the Licensing Sub-committee were satisfied that the
licensing objectives would not be undermined in the Dalston Special Policy Area (“Dalston SPA”)
and therefore it is subject to Policy LP10.
 
The Sub-committee took into consideration that the
Responsible Authorities (the Licensing Authority, Environmental
Enforcement and the Metropolitan Police Service ("the Police") made
representations on the grounds of crime and disorder and prevention
of public nuisance. The Sub-committee noted no other Responsible
Authorities made representations about the application, and 1 local
resident objected to the application.
 
The Sub-committee after hearing from the Applicant, the
Responsible Authorities and the local resident were satisfied that
the premises would not add to the cumulative impact in the area,
and would not undermine the licensing objectives in the
Dalston SPA.
 
The Sub-committee took into consideration that
Environmental Enforcement were satisfied with the Applicant’s
representations, and the Applicant would not add to the cumulative
impact because no alcohol will be served while operating late night
refreshment.
 
The Sub-committee took into consideration that the
Licensing Authority is content that the Applicant will be
submitting a Management Plan for deliveries.
 
The Sub-committee took into consideration that it is small
premises, and with the above conditions and hours that they felt
that the premises would operate responsibly in the
future.
 
The Sub-committee considers each application on its own
merits and financial circumstances are not taken into
consideration.
 
Having taken all of the above factors into consideration
the Sub-committee was satisfied that by granting this premises
licence, the licensing objectives would not be undermined in the
Dalston SPA.
 
Public Informative
 
The Premises Licence holder is encouraged to continue
working with the local residents to deal with any issues arising
relating to noise nuisance.