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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 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
as applied for with the following amendments agreed with the
Applicant:
 
Supply of Alcohol (Off Sales)
 
Monday to Sunday  
10:00 - 23:00
 
Supply of Alcohol (On Sales)
 
Sunday to Wednesday   10:00 - 23:30
Thursday 
10:00 - 00:00
Friday to Saturday 
10:00 - 01:30
 
Amend Condition 19  as
follows:
 
“The capacity inside the venue shall be limited to
150 persons (this does not include staff
members)”.
 
Amend Condition 20  as
follows:
 
“A minimum of 1x SIA door supervisors shall be
employed when the venue is open after midnight and at other times
on an operational risk assessment basis whenever licensable
activity is taking place. All door supervisors shall enter their
full details in the premises daily register at the commencement of
their work. They shall record their full name, home address and
contact telephone number, their SIA registration number and the
times they commence and conclude working. If the door supervisor is
provided by an agency, the name, registered business
address”.
 
Amend Condition 21  as
follows:
 
“Use of the external area shall be limited to 18
persons and shall cease at 20:00. Save for a maximum of 6 smokers
in the external area after 20:00”. 
 
And an additional condition of:
 
No new entry to the venue after midnight except for those
with pre-booked tickets.
 
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
Responsible Authorities (Environmental Environment and the
Metropolitan Police Service (“the Police”)) ?agreed
conditions with the Applicant in advance of the hearing, and
withdrew their objections
 
The Sub-committee took into consideration that the
Licensing Authority raised an objection, and no local residents
made representations. The Sub-committee noted that the
Environmental Protection team made no representations. The
Sub-committee noted that the premises had a temporary licence until
July 2023, and they held 26 temporary event?s over ?an 18 month?
period ?with four live music events?. The Sub-committee noted there
were no issues arising from these temporary events.
 
The Sub-committee heard that there were no specific
complaints of noise allegations at the premises. The Sub-committee
noted that there was a detailed acoustic report providing
recommendations should the licence be granted. The Sub-committee
noted that the premises is near Hackney Central train station and
it is situated in a railway arch.
 
The Sub-committee took into account that the ?Applicant's
noise consultant provided with the application, a dispersal policy,
a risk assessment and a noise policy. The Sub-committee noted that
?the nearby Tesco store ?is open till late at night and there can
be noise coming from the car park. The Sub-committee noted that the
sound system had been tested through the temporary events over 18
months, and there are good transport links from the premises late
at night. The Sub-committee took into consideration that there are
booked events that take place at the premises and that the premises
are not in a cumulative impact area. ?The Sub-committee heard from
the ?Applicant?'s legal representative? that there is a lack of
objections in respect of the application. The Sub-committee took
into consideration that of?f sales were
agreed with the Applicant to end at 23:00 hours.
 
The Sub-committee heard the Licensing Authority’s
representations about noise complaints. The Sub-committee heard
that the Licensing Authority’s concerns were in relation to
late hours beyond core hours as set out in policy LP3 on Friday,
Saturdays and Sundays.
 
The Sub-committee heard the ?Licensing ?Authority’s
representations that the Bohemia Place is part of the night time
economy and they had received noise complaints generally in respect
of the area. The Sub-committee heard that the ?Licensing ?Authority
?considered the acoustic report ?that had been provided by the
Applicant, and  the ?Licensing
?Authority felt that the application is well supported by
additional conditions. The Sub-committee heard that the ?Licensing
?Authority?'s main concern ?are the hours ?which are outside of
core hours?, and may have a negative impact on the area. ?The
Sub-committee noted that this is not a residential area, and there
were no specific noise allegations received by the ?Council?'s
?Environmental ?Protection ?Team. The Sub-committee considered that
the general noise complaints received? related to the Tesco car
park?. ?The Sub-committee noted? that there were commercial
premises in the Bohemia Place area and some residential properties
on ?the main ?street.
 
The ?Sub?-committee heard that the disposal policy is a
best practice policy for the premises, taking into account local
transport links and dispersal in the area. The ?Sub?-committee
heard that the ?Licensing ?Authority had received complaints about
music noise not about crowd noise. The ?Sub?-committee took into
consideration that the ?Licensing ?Authority had received general
complaints about music and activities at Bohemia Place, but not
specific to these premises. The ?Sub?-committee noted the
?complaints were from Morning Lane late at night.
 
The ?Sub?-committee heard that the ?Applicant lived and
worked in Hackney and they are committed to working with all
sections of the community on projects, and in partnerships such as
developing Bohemia Place. The ?Sub?-committee heard that the
?Applicant cared about the local area which people have
seen.
 
The ?Sub?-committee took into consideration the risk
assessment that it is a large premises and they accepted the change
in the capacity of the premises from 60 persons to the increased
capacity of 150 persons at any one time on the premises.
 
The ?Sub?-committee took into consideration that the
?Applicant intended to have live music events more than 3 nights a
week, and they noted that there was a noise limiter to control
music that? is played at the premises.
 
The ?Sub?-committee took into consideration that the noise
issues were addressed, and that the premises would not cause a
public nuisance or antisocial behaviour. The ?Sub?-committee were
impressed by the cultural ?offerings in programs. The
?Sub?-committee took into account that the ?Licensing ?Authority
was satisfied with the representations made by the ?Applicant and
the? legal representative.
 
The ?Sub?-committee ?felt that the ?Applicant's acoustic
report was comprehensive, and the recommendations from the? report
would help to prevent noise nuisance and mitigate the noise
concerns.
 
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.
 
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.