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The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing of Monday 25 September 2023 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 as applied for with the following amendments
agreed with the Applicant.
 
? The hours for licensable activities, shall
be, as agreed:
 
Plays
 
Monday to Thursday 
  09:00 -
23:00
Friday to Saturday   
09:00 - 00:00
Sunday 
 
10:00 - 22:30
 
Films
 
Monday to Thursday 
  09:00 -
23:00
Friday to Saturday   
09:00 - 00:00
Sunday 
 
10:00 - 22:30
 
Live Music
 
Monday to Thursday 
  09:00 -
23:00
Friday to Saturday   
09:00 - 00:00
Sunday 
 
10:00 - 22:30
 
Recorded Music
 
Monday to Thursday 
  09:00 -
23:00
Friday to Saturday   
09:00 - 00:00
Sunday 
 
10:00 - 22:30
 
Performance of Dance
 
Monday to Thursday 
  09:00 -
23:00
Friday to Saturday   
09:00 - 00:00
Sunday 
 
10:00 - 22:30
 
Anything of a similar description
 
Monday to Thursday 
  09:00 -
23:00
Friday to Saturday   
09:00 - 00:00
Sunday 
 
10:00 - 22:30
 
Late Night Refreshment:
 
Friday to Saturday    23:00 -
00:00
 
Supply of Alcohol (on and off sales)
 
Monday to Thursday 
  11:00 -
23:00
Friday to Saturday   
11:00 - 00:00
Sunday 
 
11:00 - 22:30
 
Opening hours
 
Monday to Thursday 
  09:00 -
23:30
Friday to Saturday 
  
09:00 - 00:30
Sunday 
 
10:00 - 23:00
 
The Applicant to provide a revised plan to
show the extent of the premises and the red edged area.
 
And an additional condition:
 
The premises licence shall be limited to three
days a week in any 7 day week.
 
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 account that the
Licensing Authority made representations on the grounds of Public
Nuisance and raised concerns that the original proposed hours of
activity were in excess of LP3 Core Hours. The Sub-Committee noted
that the Applicant, the London Borough of Hackney,  had agreed to reduce the proposed hours of
activity to LP3 Core Hours. The Sub-Committee also took into
consideration that these reduced hours to Core Hours allayed the
Licensing Authority’s concerns about the application, and
they were  clearer on what was now
required by the ?Applicant for pre-booked events.
 
The Sub-Committee took into account that 28
Other Persons, nearby local residents, had made representations
both at the hearing and through several written submissions 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 also took into account that
the local residents raised concerns about the impact of the
proposals on the natural habitat in the immediate area and the
close proximity of the venue to local residencies, and that the
Applicant was keen to work with both local residents and the local
Abney Park Trust to reach a compromise.
 
The Sub-Committee heard that all the
Applicant’s venues in Hackney are the same and the decibels
are set the same for each venue. In addition all windows and doors
are closed at 21:00. The Sub-Committee took into consideration that
the designated area outside of the chapel is where guests can have
a drink. The Sub-Committee noted that the Applicant did submit a
dispersal policy specific to Abney Chapel, and that the music and
events will end 30 minutes before the premises close
 
The Sub-Committee heard the Applicant’s
representations that they are pleased to be able to refurbish this
Grade Two listed building to bring it back into use in the area.
The ?Applicant confirmed that they ?do not ?want to restrict people
from walking around the chapel and the park area.
 
The Sub-Committee heard from the Applicant
that not all events ?are alcohol related or have alcohol served.
The Applicant explained to the Sub-Committee that there is a
minimum of two security staff on the premises at any one time, and
an example of the events that will take place at Abney Chapel will
be weddings, NHS awaydays, Jewish celebrations and celebration of
life and similar events.
 
The Sub-Committee took into consideration that
the security staff at the premises would be assessed for each event
that is booked. The Sub-Committee noted that the ?Applicant was
seeking to operate the premises with a licence seven days a week
which was considered excessive, given the nature and the impact on
the area. The ?Applicant contended that it is difficult to assess
what days people want events and what will be included in those
events. The Sub-Committee noted that no temporary events had been
operated because the building was not yet ready; it was still being
refurbished.
 
The Sub-Committee noted that the park opening
hours are until 22:00 each day? and the noise limit is 93 decibels.
The Sub-Committee heard that ?bats in the nature reserve are a
protected species and would be affected by th?e use of the premises
?7 days a week.
 
The ?Sub-Committee heard the Applicant’s
representations that an ecological survey had been undertaken and
no concerns were raised. The Sub-Committee noted that the Applicant
had received and considered advice ?from ecological
consultants.
 
The ?Sub-Committee heard that the Stoke
Newington High Street is a direct street to access from the
cemetery. The Sub-Committee noted Church Street is not safe and it
is not paved. Therefore, it is not suitable for guests to be going
through late at night.
 
The ?Sub-Committee heard representations from
the local resident that she ?had lived in the area for 30 years and
was very familiar with how the Abney Chapel area operated, and that
the local residents were delighted that money was being obtained to
refurbish Abney Chapel to bring it back into use. The
?Sub-Committee heard from the local resident that the core hours
are a small change and do not cover the noise issues late at night,
resulting in crime and disorder.
 
The ?Sub-Committee noted that there were
concerns about? how 70 people in hot weather would manage at the
premises until midnight on weekdays, 
weekends, and the impact on local residents’ sleep. The
?Sub-Committee took into account the local resident’s
representation that it would be better? to have the premises
operate three days a week, taking into consideration the impact on
local residents and to ?help preserve the Wildlife in the area.
 
The ?Sub-Committee heard from the Abney Parks
Trust that there were concerns about how the building was going to
be used for the various events. The ?Sub-Committee noted that Abney
Parks Trust supported the application? to operate the premises more
than three days a week if possible, however?, they felt  it could be managed better, and in a more
considered way addressing the public nuisance issue.
 
The ?Sub-Committee took into consideration the
local residents' representations that they were concerned that the
cemetery could be potentially damaged by the continual events
taking place every day seven days a week. The ?Sub-Committee took
into account that the Applicant acknowledged that Abney Chapel is
different to other sites in the borough. The Applicant confirmed
that Abney Chapel has no kitchen or facilities for food preparation
for a full wedding reception. Therefore, they would not have
wedding reception events with food catered. The ?Sub-Committee also
considered that litter clearance will be difficult to control on
this site.
 
The Sub-Committee felt that the? Applicant
needed to either use Temporary Events for a period or to generally
operate the premises and prove themselves over a period of time
that they can operate for example, 3 days a week without causing
noise, nuisance or public nuisance and then consider if appropriate
?to extend the premises licence. The Sub-Committee felt that the
Applicant needed to work with local residents given the unique
setting and nature of Abney Chapel, and having a licensed venue
used for events in the middle of a cemetery.
 
The Sub-Committee heard from the local
resident that there was a need to allow the area to be dark and
quiet to preserve the nature reserve. The Sub-Committee heard that
the local residents supported a limited number of days, and they
would be happy for a compromise to be reached. The Sub-Committee
noted that three days of licensable activities would be considered
a gentle approach to the use of the site to preserve nature and
wildlife. It was also noted that the Abney Parks Trust agreed with
the representations made by the local resident.
 
The Sub-Committee was pleased with the
?Applicant's positive engagement with the Abney Park Trust. The
Sub-Committee felt that due to the area and nature reserve, it is
necessary to keep the licensable activities limited to a specific
number of days. The Sub-Committee took into consideration that
there would be no alcohol taken off the premises site, and alcohol
would only be consumed on the premises, in the hall ?of the
premises, and in the designated area immediately outside of the
chapel.
 
Having taken all of the above factors into
consideration the Licensing Sub-Committee was satisfied that this
application could be approved without the licensing objectives
being undermined.
 
Public
Informative:
 
The Premises Licence holder is advised to work
with local residents and the Abney Park Trust to prevent noise,
nuisance and disturbance to local residents.