Content

 
7.1  The sub-committee
heard from the Principal Licensing Officer, the applicant and the
Other Persons. During the course of submissions and a discussion of
the application, the sub-committee noted the following:
 
· 
Since the publication
of the officer report, the applicant had submitted additional
information.
· 
The applicant was a
responsible operator and owned the business for seven
years.
· 
She had successfully
run over 100 TENs over 7 years without any complaints or
issues.
· 
The applicant
emphasised that it was a rock and roll venue, a community hub and
safe space especially for women and LGBT, it attracted local and
international artists and fans, they had successfully gained
accreditation of the Hackney Nights Accreditation Scheme, the
activities would be controlled to minimise any impact on the area,
they had submitted many policies including Noise and Nuisance
Management, dispersal, counter terrorism and burns protection, they
had held bi-monthly meetings which residents had not
attended,  the nuisance experienced in
the area were not related to her premises, 181 people had signed
the petition in support of the application and 57 written
representations in support had been submitted.
· 
The applicant
responded that the noise management report findings indicated the
sound limiter had been effective in controlling the sound levels
within the premises and that the traffic noise from the busy road
was louder than the noise inside.
· 
The applicant replied
that the drug use in Lower Clapton Road had been an ongoing issue
but had gradually  improved over the
years.  The Other person added that the
issues of drug use  and anti-social
behaviour in the area were not related to this premises.
· 
The Other Persons
present expressed their support for the application emphasising
that the premises provided a safe space particularly for female and
elderly people, the venue was a community hub that had a positive
impact on the neighbourhood, it had provided opportunities for
young and old artists and technicians, it was a forward thinking
bar playing live music, there had been no issues at the premises,
they had confidence in the management, it was a great cultural
asset for Clapton, the venue had attracted an international
clientele and was well publicised on YouTube.
· 
The Other Person
indicated that the evidence submitted and the representation from
the applicant had assured him that the premises was well managed,
however, he expressed concern that the hours being sought for live
music in a residential area especially on a school and working day
would cause a public nuisance to local residents and in particular
children. Local residents needed assurance from the applicant that
the previous issues of nuisance would not recur and scheduling
regular residents’ would provide reassurance for local
residents as they could raise and have their concerns
addressed.
· 
The applicant
confirmed that the capacity was 55 persons and that there were
posters displayed asking patrons to leave quietly and that
dispersal was staggered throughout the evening.
· 
Music was played below
conversation level to prevent a public nuisance and artists/bands
understood they were playing in a small soundproofed premises with
10% of the income generated from the alcohol sales given to the
artist.
· 
The noise assessment
was undertaken when the premises was hosting a band and DJ to
ensure an accurate reading of the sound levels were
taken.
· 
To minimise noise the
applicant ceased playing live music at 22.00 hours during weekends,
this was earlier than permitted on their licence.
· 
The applicant held
approximately two to five live performances annually but no more
than 10. However, since Covid-19 pandemic they had not played any
live music.
 
 
 
The decision of 24th November 2022
 
The Licensing Sub-Committee, in considering this decision
from the information presented to them within the report and at the
hearing today 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 amended application to vary a premises licence has been
approved to change the layout of the premises 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 for licensable activities, shall be, as
agreed:
 
Recorded Music:
 
Monday - Wednesday  23:00 -
23:30
Thursday - Saturday    23:00 -
01:00
 
Supply of Alcohol (on-sales)
 
Monday - Wednesday  12:00 -
01:00
Thursday - Saturday    12:00 -
01:00
 
Opening hours of the premises
 
Monday - Wednesday  12:00 -
01:30
Thursday - Saturday    12:00 -
01:30
 
Condition 32 shall be amended as follows:
 
“The maximum number of smokers permitted at the front
of premises at any one time shall not exceed 8
persons”.
 
Condition 35 shall be amended as follows:
 
“There will be no drinks at the front of the premises
after the tables have been taken in at 21:30”.
 
Condition 36 shall be amended as follows:
 
“There shall be no use of the outside space after
21:30”.
 
Reasons for the decision
 
The application to vary this premises licence has been
approved, as members of the Licensing Sub-committee were satisfied
that the licensing objectives would not be undermined. 
 
The Sub-committee took into consideration that the
Environmental Protection Team had withdrawn their representations,
and agreed conditions with the licence holder in advance of the
hearing.
 
The Sub-committee noted there was only one representation
from a local resident against the application on the grounds of the
four licensing objectives and 56 representations were received in
support.
 
The Sub-committee noted that the premises are not situated
in a Special Policy Area. Also the Premises Licence holder
demonstrated that they have listened to concerns raised and there
was a great deal of support from the community, and music industry
bands.
 
The Sub-committee took into consideration that the premises
had a good dispersal policy, the noise report was professional, and
overall they had good policies and accreditation to operate the
premises responsibly. The Sub-committee took into account that the
premises had local co-operation and strong support from local
residents.
 
Having taken all of the above factors into consideration
the Sub-committee was satisfied that by granting this variation of
the premises licence, the licensing objectives would continue to be
promoted.