Content

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;
? 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 conditions set out in paragraph
8.1  of the report, with the following
amendments agreed with the Applicant :-
 
Condition 19 shall be amended as
follows: 
 
“The garden area shall close and cease
to be used from 18:00 each day.
The tables and chairs in the outside area
shall be rendered unusable after that time”.
 
Condition 20 shall be amended as follows:
 
After 21:00 no more than 6 smokers will be
permitted at the front of the premises at any one time.
 
And the following condition to be added to the
premises licence :
 
The applicant shall appoint an acoustic
consultant registered with the IOA to conduct a music noise survey
on the main premises ceiling and the flats immediately above the
premises within three months of the opening of the premises with
recommendations on suitable mitigation for any excessive music
noise from the premises. The agreed acceptable music sound levels
to be then set on the sound limiter and calibrated to the
satisfaction of the Environmental Protection Team.
 
The contact details of the duty manager and
the Designated Premises Supervisor to be on display where it can be
easily read from the exterior of the premises.
 
Refuse/Recycling of bottles are permitted to
be placed in the external receptacles or in areas outside the
premises between 09:00 and 17:00 each day.
 
No barbecues shall be permitted in the garden
area.
 
The Freehold owner, Mr Ali Abaci, shall be
excluded from the premises and shall not undertake any activities
related to the management of the business. This shall include but
shall not be limited to any directorship, shareholding, direct
employment, employment as a contractor, advisor or supplier.
 
The maximum of 20 persons shall be permitted
in the garden at any one time.
 
No smokers shall be permitted in the garden
area.
 
The  Premises
Licence Holder shall submit a written Dispersal Policy to be
approved by the Licensing Authority and the Police. The approved
Dispersal Policy shall be implemented at the premises. All staff
shall be briefed on this Dispersal Policy. A copy of the policy
shall be kept on the premises and shall be produced to a Police
officer or other authorised officer upon request.
 
The Premises Licence Holder shall organise and
publicise a meeting for local residents to discuss the operation of
the premises and address any issues at least every 3 months. The
frequency of meetings may be varied by agreement between the
Premises Licence Holder and local residents.
 
Reasons for the
decision
 
The Licensing Sub-committee approved the
application for a premises licence with amended hours for use of
the garden area, and additional conditions for on-sales of alcohol
at the premises.
 
The Sub-committee took into account that the
Applicant had agreed in advance to conditions with the Responsible
Authorities (Metropolitan Police Service (“the
Police”), Environmental Protection Team, and the
Environmental Enforcement Team) who subsequently withdrew their
objections to the application. It was noted that the Licensing
Authority raised no objections. 
 
The Sub-committee also took into consideration
objections raised by 10 Other Persons (local residents) to the
application, in a residential area, on the grounds of the four
licensing objectives, and the impact the premises will have on the
local residents and families that live close to the premises.
 
The Sub-committee took into consideration the
Planning Authority’s representation that the Applicant needed
to ensure they had the necessary Planning Permission in place to
operate the premises.
 
The Sub-committee heard from local residents
that there was a lack of resident consultation prior to the meeting
which the local residents were concerned about and how the
Applicant will work with local residents going forward.
 
The Sub-committee heard local residents
expressed their concerns that the Applicant may not be able to
address their concerns due to his lack of experience as a manager
of a pub.
 
The Sub-committee heard from residents that
lived in the area for a number of years who confirmed that the
noise does get amplified in the beer garden and there were little
shields from the noise to prevent the impact on local residents.
The Sub-committee heard from a number of the neighbours that they
respect peace and quiet, and they do not want to be disturbed with
noise. The Sub-committee heard that the Applicant had agreed to no
smokers in the garden and the smokers will be at the front of the
premises.
 
The Sub-committee took into account
representations from the local residents who have previously
experienced use of the premises to be very noisy from 21:00 and in
the middle of the night. The Sub-committee heard when the premises
closed the local residents found that 90% of the noise issues and
antisocial behaviour issues disappeared, and they felt that by
reopening the premises all of these issues would reoccur.
 
The Sub-committee heard from local residents
that the area was now more of a commercial and sports pub with long
hours and it was not family orientated, the building amplified the
noise and also traps smoke which were ongoing problems.  The Sub-committee noted that local residents would
welcome a traditional family pub as it would make the community
more united and the local residents would have something to support
and be proud of. However they are concerned about how the premises
would operate in reality.
 
The Sub-committee heard from local residents
that following the two incidents in the 10 year period, the
concerns are that the premises will repeat how it operated
previously and the reputation that followed it. The Sub-committee
heard that the local residents felt that the Applicant does not
appear to have presented a premise that will be new. It appears to
be like the previous premises that promoted heavy drinking and
attracting the wrong crowds which led to antisocial behaviour in
the area. The Sub-committee noted that the local residents were
concerned about the negative impact the premises would have on the
residential area.
 
The Sub-committee heard representations from
the Applicant’s Agent that the premises is a traditional
family pub. There will be no live music or dancing. The new
operator has no involvement with the previous licence holder of the
premises. The Applicant is the leaseholder and the previous licence
holder is the freeholder of the premises. The Sub-committee heard
that the Applicant had agreed conditions with the Responsible
Authorities and the Police were happy with the site plans for the
premises. The Sub-committee heard that there will be new CCTV, new
security and the Police will be monitoring the operation of the
premises and the performance of the Designated Premises Supervisor
very closely.
 
The Sub-committee took into consideration that
the Applicant had agreed to the garden being closed from 18:00 each
day. The Sub-committee noted the Applicant had made plans to carry
out improvements to the premises if the licence is granted such as
a play area and other children’s activities being provided to
create a more family friendly premises. The Sub-committee heard
that the Applicant was making plans about a family menu that they
will be offering.
 
The Sub-committee heard from the Applicant
that they have no involvement with the previous licence holder and
that they will make sure they have good security inside and outside
the premises. The Sub-committee noted that the Applicant had worked
in a pub previously. However they have not managed a pub. The
Sub-committee heard from the Applicant that they will ensure that
there is no smoking on the premises. The Sub-committee noted that
the Applicant was not planning to open the premises straight away,
and that they intended to employ experienced staff first.
 
The Sub-committee heard from the Applicant's
agent that there is a gym now under the premises, causing a great
deal of plant noise and it was not noise coming from the actual
premises. The Applicant's agent confirmed that the Police will
monitor the Designated Premises Supervisor closely, and if they are
not operating correctly the Police will refer the matter back to
the Licensing Authority.
 
The Sub-committee heard from the Applicant's
Agent that they would be prepared to meet with the Responsible
Authorities and local residents within one week of opening to try
and work with them to resolve any issues.
 
The Sub-committee took into consideration the
representations made by the Applicant, the Licensing Authority and
the Other Persons (local residents), and the Sub-committee felt
that with the additional conditions, and the Applicant’s
willingness to work with local residents to overcome any issues,
that the Applicant will be able to operate responsibly. The
Sub-committee was satisfied that the garden closing at 18:00 each
day would prevent noise nuisance and any impact on local
residents.
 
The Sub-committee takes antisocial behaviour
seriously, and will not want the previous experiences to be
repeated. The Sub-committee hopes that the necessary security will
be in place to prevent any antisocial behaviour.
 
The Sub-committee felt that the premises
needed rebranding in order to make progress in the future and move
away from the past incidents. The Sub-committee took into
consideration that the local residents did not have confidence that
the new premises would operate well.
 
The Sub-committee felt the premises needed to
demonstrate and reassure both the Responsible Authorities and local
residents that this is a new start for this premises.  In addition, the Applicant needs to
demonstrate that they have listened to the local residents, and
they will try to resolve any issues at the premises to prevent
noise nuisance, antisocial behaviour and any other impact on the
local residents who live within close proximity to the premises and
the garden.
 
The Sub-committee took into consideration the
concerns raised by the local residents and satisfied themselves
that the conditions applied will allay the fears of the local
residents. The safeguards and quarterly meetings and other measures
offered by the Applicant made the Sub-committee feel confident that
the Applicant will take the concerns raised by local residents
seriously.
 
The Sub-committee felt that the main issues
were management and lack of experience of the Applicant to operate
a premises such as this. The Sub-committee felt that the Applicant
demonstrated that they were open, accommodating and prepared to
comply with the conditions and amendments proposed in the meeting.
The Sub-committee considered the nuisance experienced by local
residents previously and they welcome the changes and the
conditions that the Applicant has agreed to.
 
The Sub-committee took into account that the
Environmental Protection Team suggested that there should be no
more than 20 people at any time and that a noise report should be
carried out to resolve any potential noise issues that will arise
from use of the rear garden.
 
The Sub-committee took into account that the
local residents did not want the recycling of bottles to be carried
out late at night. The Sub-committee were pleased that the
Applicant agreed to the bottles being recycled from 09:00 onwards
during the day at more reasonable times to prevent a
disturbance.
 
The Sub-committee heard from the local
residents that they needed reassurance that noise checks were being
carried out, and that a noise report would be done to address the
noise impact on local residents.
 
The Sub-committee and local residents were
disappointed that the DPS did not attend the hearing to listen to
the concerns of local residents and the issues arising that they
will be dealing with.
 
The Sub-committee were not convinced that the
Freeholder will not have any involvement in the premises. The
Sub-committee felt it was necessary to have a condition to prevent
the Freeholder of the building who previously operated the
premises, when the incidents occurred, and the premises licence was
revoked, to be excluded from operating the premises.
 
The Sub-committee felt that the conditions in
place would allow the Applicant to go some way to operating
responsibly. The conditions will enable a review to be carried out
to ensure problems from the past will not occur. The proposed
safeguards in place gave the Sub-committee confidence that the
premises will be under tighter controls.
 
Having taken all of the above factors into
consideration, the Licensing Sub-committee was satisfied that the
application could be approved without the licensing objectives
being undermined.
 
Public
Informative
 
The Premises Licence Holder is encouraged to
work with and to engage in meaningful dialogue with the local
residents to resolve any issues relating to noise or other nuisance
from the premises, and for the Premises Licence holder to play
their part in reducing any impacts of noise emanating from the
premises, particularly during the evening and late at night.
 
The Premises Licence holder is encouraged to
continue working with the Environmental Protection Team to reduce
noise nuisance, and prevent any nuisance or negative impact in the
area.
 
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: Wave training, training for vulnerable persons
and other training offered by the Council’s Hackney Nights
portal.
 
The Premises Licence Holder is reminded of the
need to operate the premises according to any current licensing
conditions on the premises licence, any planning permission
requirements and consents relating to the use class, conditions and
hours that the premises will operate under.
 
It also should be noted for the public record
that the local Planning Authority
should draw no inference or be bound by this
decision with regard to any
future planning Application which may be
made.
 
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.