Content

5.1 
Mike Smith, Principal Licensing Officer, introduced the
application. He confirmed that the review had been submitted by Licensing,
who are seeking to modify/suspend the licence, or to consider
revocation. Further, the Police Authority had not submitted
representations.Mike Smith referred the Sub-Committee to the letters in
support of the premises in the hearing pack and the supplementary
pack.
 
5.2  The chair asked
if there had been a meeting in advance of the Licensing hearing to
discuss matters in dispute. Channing Riviere told the Sub-Committee
that despite repeated attempts to convene a meeting this had not
taken place.
Mr Leo Charalambides, barrister, told the Committee that there was
now some agreement the Licensing Authority and accepted that the
existing license required updating. 
 
5.3  Given the
numbers of residents present who would not be able to contribute to
the discussion the Sub-Committee went into private to consider an
adjournment. The Sub-Committee decided that in all the circumstance
an adjournment would not assist.
 
5.4  Channing
Riviere presented the case for the Licensing Authority.  He submitted that no more than 4 of the patrons
should be permitted in the designated smoking area at any one time
and that this should be monitored by security and/or staff members.
He considered that there was a need to establish an appropriate
capacity for the premises. Channing Riviere submitted that the
opening hours at the premises should also be amended. In response
to a question from the chair on the reason for the review he
referred the Sub-Committee to the table of visits to the Macbeth at
pages 26 to 30 of the Pack and that as a result of the concerns
outlined around the management of the premises and complaints
received, it was necessary to call a review. He referred to
difficulties in engaging with the operators to discuss these
matters.  Further, on occasion the DPS
was not present at the premises.
 
5.5  Councillor Wrout
clarified that there were three issues under
consideration:
 
- 
Noise outside the
premises, not music from within
- 
The absence of a
DPS
- 
Lack of engagement
with management at the premises
 
5.6  Alice White (Other
Person) made submissions to the Sub-Committee on behalf of a
resident in the area who had sent her evidence of late night goings
on at the premises. She told the Sub-Committee that the resident
worked for Hackney Council as a driver and was being kept awake
late at night from the noise at the venue, resulting in him almost
falling asleep while driving. She referred to the other residents
present who were victims of this late night noise. A meeting had
been held with the operator who had admitted that the premises was
not being managed effectively. Alice White referred to the need for
change at the premise.
 
5.7 The representative of the Night Tzar, Paul Broadhurst
made representations to the Sub-Committee in support of the venue.
He referred to the 33 % decrease in grassroots music venues in
London. A rescue plan had been launched in 2015 and numbers had now
stabilised. He referred to the challenges faced by the venue
including rising business rates. He said that the MacBeth was part
of the cultural environment of the area. Bringing in revenue was
important to Music Venues and the length of operating hours was
therefore important. The venue was trying to be best placed to
maximise revenue and had received funding from the GLA. Paul
Broadhurst emphasised the need for a discussion between all parties
to reach a solution. The Chair expressed concern that the operator
had been given ample opportunity to meet to discuss a way forward
buy had not taken this up. Paul Boardhurst reiterated the need for
discussion.
 
5.8  Mr Charlambides made
submissions in support of the premises license holder. He submitted
a revised operating schedule for the venue. This included
amendments to reduce the operating hours. The license was to be
transferred to the manager’s wife and it was proposed that
Bruno Costa be the DPS. He confirmed that the premises would always
be supervised by a manager.  Wind down
time at the venue was to be half an hour. Times of recorded music
would be reduced on Monday to Wednesday. He referred to the fact
that an acoustic report had been commissioned. 
 
5.8  The Sub-Committee
noted that the Acoustic Report had not been received by the
Licensing Authority. The Sub-Committee adjourned for fifteen
minutes to allow for the document to be copied and circulated to
the Sub-Committee and all parties.
 
5.9  Mr Charlambides went
to refer the Sub-Committee to plans for the external smoking area
and the dispersal plan for the venue. He submitted that the
Sub-Committee should take account of the role of the venue in the
community and the benefits it provided. He submitted that the
concerns around the premise
did not centre on public nuisance and that there was no
evidence of abuse of violence. He referred to the letters of
support in this regard.  He invited the
Sub-Committee to adopt the revised operating schedule.
 
5.9 
Channing Riviere submitted that there was a need to ensure that
proper management arrangements were in place in regard to the
venue’s external area and for effective engagement with the
community. He submitted that there should be no more than 8 people
in the smoking area at any time. Mr Charlambides agreed to this
proposal. He confirmed that resident forum had been set up and
would meet every 4 months. He agreed to the capacity of the
premises being limited to no more than 300 patrons, at any one
time. There
would be no consumption of alcohol in any of the external areas of
the premises or the smoking area. An
SIA team was in place. He submitted that the venue needed the
proposed opening hours to be viable business. He urged the
Sub-Committee not to suspend the license.
 
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;

· 
The protection of
children from harm;
 
and in particular the prevention of crime
and disorder, and the prevention of public nuisance, made the
following determination:
 
To modify the conditions of the licence
with the following conditions and amendments proposed by the
Licensing Authority: 
 
· 
The opening hours and
the hours for licensable activity:
 
Opening Hours:
 
Monday to Wednesday 
09:00 -  00:00 hours
Thursday  
09:00 – 01:00 hours
Friday to Saturday  
09:00 – 02:00 hours
Sunday 
09:00 -  23:30 hours
 
Supply of Alcohol (on and off the
premises):
 
Monday to Wednesday 
09:00 -  23:00 hours
Thursday  
09:00 – 00:00 hours
Friday to Saturday  
09:00 – 01:00 hours
Sunday 
07:00 -  22:30 hours
 
Live Music
 
Monday to Wednesday 
16:00 - 23:30 hours
Thursday  
16:00 – 00:00 hours
Friday   
 
16:00 – 00:00 hours
Saturday  
12:00 – 00:00 hours
Sunday 
12:00 -  23:00 hours
 
Other Regulated Entertainment
 
Monday to Wednesday 
12:00 - 22:30 hours
Thursday  
12:00 – 00:00 hours
Friday to Saturday  
12:00 – 00:00 hours
Sunday 
12:00 -  22:30 hours
Recorded Music
 
Monday to Wednesday 
12:00 - 23:00 hours
Thursday  
12:00 – 00:45 hours
Friday to Saturday  
12:00 – 01:45 hours
Sunday 
12:00 -  23:00 hours
 
Other Regulated Entertainment:
Sim to Recorded Music &
Dance
 
Monday to Wednesday 
12:00 - 23:00 hours
Thursday  
12:00 – 01:00 hours
Friday to Saturday  
12:00 – 01:45 hours
Sunday 
12:00 -  23:00 hours
 
 
· 
Condition 10 –
be amended and read as follows:
“The premises licence will have the
benefit of 30 annual event days. The yearly count of annual event
days starting on the 1st January in each calendar year. Each annual
event day permits the addition of 60 minutes to all licensable
activities and closing time. Notification of each Annual event day
is to be provided to the Police Licensing Officer no less than 5
working days in advance of the date. The annual event day cannot
proceed without the consent of the Police Licensing
Officer”.
 
· 
Condition
18  -  be
amended and read as follows:
“A minimum of 2 SIA licensed door
supervisors shall be on duty at the premises from 21:00 (or such
other time as agreed in writing with the Licensing Authority and
the Police) until 30 minutes after the close of the premises to
members of the public on Thursday, Friday and
Saturday”.

· 
The capacity of the
premises shall be limited, to no more than 300 patrons, at any one
time.

 

· 
Patrons shall not be
permitted to take glass off the premises / into external areas of
the premises. There shall be no consumption of alcohol in any of
the external areas of the premises or the smoking area
 

 

· 
No more than 8 patrons
should be permitted in the designated smoking area outside the
premises at any one time and that this should be monitored by
security and/or staff members.

 

· 
The license holder
shall ensure that any designated smoking area which

forms outside the
premises is orderly and supervised by door staff.

 

· 
All external doors and
windows shall be kept closed after 21:00, other than for access and
egress.

 

· 
All external emergency
exit doors shall be fitted with sensor alarms and visible
indicators to alert staff when the doors have been
opened.
 
· 
The license holder
shall ensure that any queue to enter the premises which forms
outside the premises is orderly and supervised by door
staff.
 
· 
The licensee shall
install and maintain a comprehensive CCTV system as per the minimum
requirements of a Metropolitan Police Crime Prevention Officer. All
entry and exit points will be covered enabling frontal
identification of every person entering in any light condition. The
CCTV system shall as a minimum continually record whilst the
premises is open for licensable activities and during all times
when customers remain on the premises. All recordings shall be
stored for a minimum period of 31 days with date and time stamping.
Recordings shall be provided immediately upon the request of Police
or authorised officer throughout the preceding 31 day
period.
 

· 
No less than one
member of staff who is able to operate the CCTV system shall be on
the premises at all times.

 

· 
An incident log shall
be kept at the premises, and made available on request to an
authorised officer of the Council or the Police, which will as a
minimum record the following:

 

· 
All crimes reported to
the venue; All ejection of patrons; Any complaints received; Any
incidents of disorder; Seizures of drugs or offensive weapons; Any
faults in the CCTV, searching equipment or scanning equipment
(where used);

 

· 
Any refusal of the
sale of alcohol; and Any visit by a relevant authority or emergency
service.
 

· 
The licensee shall
display the telephone number/email address of the Designated
Premises Supervisor for use by any Responsible Authority or any
person who may wish to make a complaint during the operation of the
licence in a prominent external location at the premises that is
easily accessible to the public.

 

· 
There shall be a
written dispersal policy, a copy of which shall be kept on the
premises and made available to police or other authorised officer
upon request.
 

· 
Clear and prominent
notices shall be displayed and maintained at all exits in a place
where they can be seen and easily read by customers requiring
customers to leave the premises and the area quietly.

 

· 
Door supervisors and
other members of staff to verbally request customers as they exit
the premises to leave quietly and respect local residential
neighbours.
 
· 
Where a person appears
to be under the age of 25 identification in the form of a passport,
photo driving licence or proof of age card bearing the PASS
hologram will be sought and if not provided service of alcohol
shall be refused.
 
· 
The licensee and/or
management shall maintain a diary of future and on-going events.
All events are to be subject of ongoing risk assessment which shall
be provided to the Licensing Authority and the Police Licensing
Officer. The risk assessment shall as a minimum consider The
provision of SIA registered door and premises supervision; The
control of the outside area; The control and supervision of a
designated smoking area; The control and supervision of sound
levels; and The control and supervision of dispersal.
 

· 
A detailed acoustic
report should be carried out by a competent person and should be
submitted to the Licensing Service within 3 months of the Licensing
Review hearing. Recommendations in the report shall be approved by
the Pollution Control Team and completed within one week of the
written approval from the Pollution Control Team.

 

· 
All music systems
shall be routed through a sound limiting device. The limiting
device(s) should be set up to prevent an audible nuisance in all
nearby residential premises, a certificate of compliance should be
submitted to the pollution group. The device shall be controlled by
the licensee/management and kept in a locked, tamper-proof
box.

 

· 
The sound limiting
device must be recalibrated annually to ensure that the music is
not an audible nuisance in nearby residential premises prior to the
anniversary (of the grant of licence/variation/review).
 
· 
Condition 16 shall be
amended and read as follows:
“ A 60 minute wind-down period to
be provided after the sale of alcohol to promote gradual and
orderly dispersal of customers except on Sunday  when a 30
minute drinking up period applies”.

· 
Event Diary and Risk
Assessment: The licensee and/or management shall maintain a diary
of future and on-going events. All events are to be subject of
ongoing risk assessment which shall be provided to the Licensing
Authority and the Police Licensing Officer.

 

· 
The risk assessment
shall as a minimum consider: check
 

· 
 The provision of SIA registered door and premises
supervision;

 
I. 
The control of the
outside area;

 
II. 
The control and
supervision of a designated smoking area;

 
III. 
The control and
supervision of sound levels;

 
IV. 
The control and
supervision of dispersal.
 

· 
Remove conditions: 10,
11, 13, 15, 17, 20, 21, 22, 23, 24, 26 and 27 from the
licence.

 

· 
The licence holder
shall maintain a dedicated contact telephone number and email
address that must be available at all times to all local residents,
the Environmental Health Officers, the Licensing Authority, the
police, and any responsible authority or any person wishing to make
a complaint. These contact details shall be included on the website
of the premises, and on display at the premises, which can be used
to report concerns or complaints 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.
 
· 
The Licence holder to
hold and publicise quarterly liaison meetings with local residents
to address any concerns or complaints about the premises from local
residents to prevent public nuisance.
 

Reasons for the
decision
The Licensing Sub-Committee felt, after
carefully considering the application from the Licensing Authority
and hearing from the license holder’s representative,
together with the representations against and in support of the
premises decided that the appropriate course of action was to
modify the conditions on the premises licence as proposed by the
Licensing Authority.
The sub-committee decided to give the
licence holder one final opportunity to improve the management of
the premises by modifying the conditions. The sub-committee felt
that the licence holder was expected to demonstrate that they had
an understanding of the nature of the area in which the premises
are located.
The sub-committee heard the Licensing
Authority’s submissions that complaints about the premises
were raised by local residents, and there was no Designated
Premises Supervisor (DPS) at the premises. The Licensing Authority
contended that in the absence of a DPS there was a lack of contact
between the management of the premises and the Licensing
Authority.
The sub-committee heard that the
Licensing Authority tried to resolve problems with the licence
holder before calling the review. The Licensing Authority confirmed
that the main issues were how the premises were managed including
the outside area, and noise issues at the premises.
The sub-committee heard representations
made by the Night Tzar made in support
of the premises stating that the premises are there for the
community and to provide arts and music to the area. The Night
Tzar contended that the business model
has a limited period to raise revenue. The sub-committee noted that
the cultural significance of the venue was not disputed.
The sub-committee heard submissions from
the license holder’s representative that the licence holder
had just secured a long lease. The license holder’s
representative contended that the licence holder has been trying to
build and refurbish the business, and trying to achieve some
stability. The sub-committee noted that one of the plans of the
licence holder is to have a micro
brewery with off-sales in the future.
The licence holder’s representative
made submissions that an independent acoustic report had been
commissioned in order to provide a fully considered, balanced and
proportionate response to the review application. The sub-committee
took into account that the licence holder agreed to the conditions
proposed by the Licensing Authority. 
The sub-committee took into consideration
that some agreement had now been reached between the Licensing
Authority, and the licence holder, and it was accepted that the
existing licence required some updating. The sub-committee also
took into account that the licence holder had agreed to reduce the
operating hours, and that the licence had been transferred to the
manager’s wife. The sub-committee noted that the Licence
holder had employed a security team for the premises.
The sub-committee noted that there were
no representations received from other Responsible Authorities in
relation to this review. However, they did take into consideration
the representations from the Other Persons who made representations
in support of the review application, and the representations made
by Other Persons including the Night Tzar in support of the premises.
The sub-committee felt that the modified
conditions, the amended hours on the licence, and the management
changes should address the main concerns which have been raised by
the local residents and the Licensing Authority. The amendments to
the licence should improve the premises, and will ensure it is run
in a responsible manner that would promote the licensing
objectives.
The sub-committee took the issues raised
in relation to the management and the failings of the premises to
comply with the terms and conditions of the licence very seriously.
Should this premises be referred back for another review in the
near future the sub-committee will take a very dim view of it. The
sub-committee feel that they have given an opportunity to the
licence holder, and they expect the licence holder to improve their
communication and work with the Licensing Authority and local
residents in the future.

Planning
Informative
1. 
The licence holder is
reminded of the need to operate the premises according to any
current licensing conditions on the premises licence and planning
permission relating to its use class, conditions, consents and
hours.
 

2. 
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.

3. 
The licence holder is
encouraged to engage in meaningful dialogue with the local
residents regarding issues relating to the premises, and for the
owner and the licence holder to play their part in reducing any
impact of noise emanating from the premises, particularly during
the evening and late at night.

4. 
Should local residents
encounter public nuisance and issues relating to the premises that
cannot be resolved with the licence holder they should inform the
Licensing Authority who can investigate matters further. In
addition local residents have ward councillors in their area that
they can contact with any further concerns.