Content

The decision
 
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,
with the following amendments:
 
· 
The hours for
licensable activities, shall be, as agreed:
 
 
Supply of Alcohol
 
 
Monday - Sunday 12:00 - 21:00
 
 
Opening hours
 
 
Monday - Sunday  10:00 -
22:00
 
 
· 
A revised Plan of the
premises to be submitted to the Licensing Authority
 
 
· 
Amend Condition 14 as
follows:
 
 
“The Licence holder shall display the telephone
number/email address of the Designated Premises Supervisor or the
manager on duty for use by any Responsible Authority or any person
who may wish to make a complaint about the premises to a duty
manager, a responsible person or a member of the management team at
the premises as and when they occur. These contact details shall be
on display in a prominent external location at the premises that is
easily accessible to the public, and shall be included on the
website of the premises”.
 
 
· 
External seating area
to be closed with furniture rendered unusable by 19:00 each
day.
 
 
· 
The Licence holder to
hold and publicise quarterly liaison meetings every 4 months with
local residents to address any concerns or complaints about the
premises from local residents to prevent public
nuisance.
 
 
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 the objection
made by the Licensing Authority whose objection related only to the
plan of the premises and the layouts within the premises. The
Sub-committee noted that the Licensing Authority did not have
concerns about the application, the hours were modest, and they
only required clarification on the plan.
 
The Sub-committee took into consideration the 5 objections
made by Other Persons (local residents) who had concerns about the
hours of the sale of alcohol, noise nuisance late at night, the use
of the garden, and the impact on local residents in the area. The?
Sub?-committee noted that local residents live above the premises
and this was a predominantly residential area.
 
The Sub-committee took into consideration the Applicants'
representations that they had refurbished the premises and wanted
to run the premises as a restaurant serving mainly Rum or wine with
a table meal. The Applicants contended that the premises had
previously been open, by the previous owner, from 12 ?noon until 10
pm and now they were proposing to operate from 10 till 12 noon,
serving pastries and coffee?, and after 12 noon under
the?ir current menu? they would like
customers to enjoy their food with a glass of wine. On ?weekends
they have been serving ?roast dinners. The Sub-committee heard that
the Applicants are trying to create a sit down place with a nice
dining experience together with wine.
 
The Sub-committee took into account that ?the Applicants
demonstrated that they took on board the representations made by
the local residents regarding crime and disorder, noise and other
issues that may affect the residential area. The Applicant said
that they felt that they could co?-exist with the local residents
in the area and they did not intend to sell alcohol without food.
The Sub-committee noted that the Applicants did not intend to use
the garden for public purposes or public use. The garden will only
be used for staff breaks and to grill ?food. The Sub-committee
noted new electric shutters ?will be installed to reduce the noise
of the current shutters.
 
The ?Sub-committee heard from the Applicants that they
intended to install windows either double or triple glazed to
prevent noise breakout and any disturbance to local residents. The
Applicants also intended to add acoustic panels to the premises at
a later date again to reduce any noise impact in the
evening.
 
The ?Sub-committee heard from the Applicants that the
basements will not be used for anything other than storage because
they needed a storage area. The ?Sub-committee took into
consideration that the capacity of the premises will be eight
tables inside the premises. The Applicants would also like to have
a workspace for coffee which will be no more than 20 people at any
one time inside the premises. The ?Sub-committee noted that the rum
was produced by a company and not made on the premises.
 
 
The ??Sub?-committee took into consideration that the
Applicants wanted to foster good relations with local residents and
?to be part of the community. The ?Sub?-committee noted the
Applicants were currently working with the previous chef and
bringing back previous traditions, which were popular with
customers. The ?Sub?-committee thanked the Applicants for their
efforts made to communicate with local residents and to address
their concerns. The ?Applicants confirmed that they are on the
residents WhatsApp group, and they will
continue to engage with the neighbourhood. The ?Applicants
confirmed that they will attend PubWatch in the future when the next meetings are
held.
 
The Sub-committee took into account that the Applicants
agreed to hold regular meetings with local residents to address any
issues with the premises, and they agreed to consider the Hackney
Nights training to ensure customers safety. The Sub-committee were
pleased that the Applicants agreed to reduce the alcohol hours to
21:00 hours and close at 22:00 hours to ensure that local residents
that live close to the premises ?are not disturbed late at
night.
 
?After taking into consideration all the representations
from the Licensing Authority and from Other Persons (local
residents) the ?Sub-committee felt that the premises were
continuing a tradition that was already there and they were
evolving and responding to feedback from local residents. The
?Sub?-committee were impressed with the? Applicants aspirations to
?have harmonious and good relations with local residents. The
Sub-committee was impressed with the efforts the Applicants were
making to communicate with local residents and address their
concerns.
 
The Sub-committee were content with the conditions proposed
to operate the premises responsibly including that the alcohol will
be served with a substantial table meal on the premises. The
Sub-committee took into account that there will be no off-sales of
alcohol, only on-sales of alcohol. The ?Sub?-committee felt that as
the premises were serving alcohol until 21:00 hours and closing the
premises at 22:00 hours, that the concerns raised by the local
residents? would be significantly reduced.
 
The Sub-committee felt that the Applicants demonstrated
that they have control of their waste and recycling and use of
sustainable containers. The Sub-committee took into consideration
that the premises have outdoor seating of two tables with chairs,
four chairs at each table, and that no alcohol will be served to
the outside tables. The Sub-committee heard that they do use
sustainable containers for takeaway meals. The Sub-committee also
noted that the Applicants have an incentive for customers that if
they bring their own containers they would receive a discount on
their takeaway meal.
 
The Sub-committee had concerns about the grilling, but
about the frequency of the grilling of food in the garden, which
would result in smells, odours and fumes that may affect local
residents and the Applicants needed to ?monitor this.
 
The Sub-committee felt that the premises due to its size
and capacity would have less of a negative impact on the
residential area.
 
Having taken all of the above factors into consideration,
the Licensing Sub-committee was satisfied, when granting this
application for a premises licence, that the licensing objectives
would be upheld.
 
 
Public Informatives
 
The Premises Licence Holder is encouraged to work with the
local residents
to deal with any issues arising relating to noise or other
nuisance from the
premises and the impact on the local area.
 
The Premises Licence Holder should monitor any food odours
and smoke when grilling food in the garden and be mindful of any
potential impact on local residents.
 
The Premises Licence Holder is advised as part of the
rigorous monitoring
and checking process that the recruitment of 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.
 
The Premises Licence holder is strongly encouraged to use
sustainable cutlery, plates, cups, food containers, and recyclable
materials to avoid using single-use plastic disposable items to
protect the local area, to prevent litter, and to protect the
environment.