Decision

RESOLVED:

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;

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy as follows:

Live music (indoors)

Monday–Wednesday:   12:00–23:30

Thursday–Saturday:  12:00–01:30

Sunday:  12:00–23:30

Recorded music (indoors)

Monday–Wednesday:   12:00–23:30

Thursday–Saturday:  12:00–01:30

Sunday:  12:00–23:30

Late night refreshment (indoors)

Monday–Wednesday:   23:00–23:30

Thursday–Saturday:  23:00–01:30

Sunday:  23:00–23:30

Supply of alcohol for consumption on the premises

Monday–Wednesday:   12:00–23:30

Thursday–Saturday:  12:00–01:30

Sunday:  12:00–23:30

Subject to the conditions at paragraph 8.1 of the report, amended as follows:

·  Conditions 1–9 as set out in paragraph 8.1 of the report.

·  Condition 10 amended as follows: A minimum of 2 SIA-licensed door supervisors will be employed at the premises from 21:00 until at least 30 minutes after closing, from Thursday to Saturday and on any other day the premises trades

·  past 00:00 and at other times when required on the basis of an operational risk assessment. Door supervisors will manage entry, monitor customer behaviour, and assist with orderly dispersal at closing time. All door supervisors will have their identity badge displayed at all times and 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 time they commence and conclude working.

·  Condition 11 amended as follows: Staff and/or door supervisors will conduct regular checks of the area immediately outside the premises at intervals of no more than 30 minutes during trading hours after 21:00, to prevent noise, loitering, and drinks being taken outside. Any customers outside (e.g. smokers) will be limited to 10 persons in the smoking designated area and will be asked to keep noise to a minimum. No drinks will be permitted outside after 22:00.

·  Condition 12 amended as follows: Customers will not be permitted to congregate outside the premises. Door supervisors and staff will actively move customers on after exit, and the external area, including the nearby public bench, will be monitored during trading hours with any antisocial behaviour reported to police. Door supervisors and staff will ensure there is sufficient clear pavement space for pedestrians to pass. Queuing, if required, will be managed against the premises frontage and away from residential windows.

·  Condition 13 amended as follows: Prominent and clearly legible notices will be displayed at all exits requesting customers to leave quietly and in an orderly manner, respect neighbouring residents, and not to loiter outside the premises. Staff will verbally reinforce this at closing time.

·  Conditions 14–18 as set out in paragraph 8.1 of the report.

·  Condition 19 omitted.

·  Conditions 20–21 as set out in paragraph 8.1 of the report.

·  Condition 22 omitted.

·  Conditions 23–34 as set out in paragraph 8.1 of the report.

And the following additional conditions to be added to the licence:

·  Condition 35 as follows: Windows and doors will be kept closed during regulated entertainment (except for access/egress).

Reasons for the decision

The application for a premises licence has been approved as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined. 

The Sub-Committee heard from the Applicant that the Premises is intended to operate as a sports bar with approximately 56 covers with a wet/dry split of approximately 50/50.

The Sub-Committee had regard to the absence of any outstanding representations made by the relevant authorities, with Environmental Health having withdrawn its representations upon the provision of an amended plan by the Applicant showing WC provision at the Premises, and no representations made by the police or Licensing Authority itself. Conditions had been agreed with various statutory authorities.

The Sub-Committee considered the relevant representations made by a local resident and appreciated their concerns as to the potential adverse effect that the Premises might have, particularly in relation to crime and disorder and public nuisance. These included representations about the cumulative impacts of the Premises together with those arising from The Fox public house (which is adjacent to the Premises).

However, the Sub-Committee considered overall that the application would not undermine the licensing objectives due to the comprehensive and robust conditions that had been proposed and agreed with the responsible authorities.

As to noise, the Sub-Committee had regard to the various measures proposed by the Applicant, both as part of the conditions and the dispersal policy provided with the application. These included conditions related to the fitting of a tamper-proof noise-limited device, the placing of prominent notices requesting patrons to respect the needs of local residents and use the area quietly, and the keeping closed of windows and doors during regulated entertainment (except for access/egress).

As to congregation outside the Premises, the Sub-Committee had regard to the other person’s representations and their concerns that granting the licence would result in customers congregating outside the Premises and effectively blocking off the pavement to pedestrians. In the hearing, the Applicant agreed to incorporate into the conditions a requirement that door supervisors and staff will ensure there is sufficient clear pavement space for pedestrians to pass (see Condition 12). The Sub-Committee had regard to this condition, as well as others designed to prevent congregation at and nuisance from the designated smoking area. Other measures included having two SIA-licensed door supervisors employed at the Premises at appropriate days and times (per Condition 10), and for checks to be carried out by staff and/or door supervisors (per Condition 11).

The Sub-Committee also had regard to the Applicant’s involvement in schemes such as Hackney Nights and Pub Watch.

In reaching the conclusion that the concerns expressed by the local resident had been adequately addressed by the Applicant, the Sub-Committee placed great weight on the conditions that had been agreed with the responsible authorities.

The Sub-committee also had regard to the Council’s Statement of Licensing Policy. In particular, the Sub-Committee recognised that the hours sought went beyond the core hours in policy LP3 but also that LP3 states: “Later hours may be considered where the applicant has identified any risk that may undermine the promotion of the licensing objectives and has put in place robust measures to mitigate those risks.” For the reasons given above, the Sub-Committee concluded that later hours were justified in this case due to the comprehensive and robust measures proposed by the Applicant.

Finally, for the avoidance of doubt, it should be noted that the granting of this licence is without prejudice to any requirement to obtain planning permission for the hours of operation. Paragraph 2.29 of the Council’s Statement of Licensing Policy explains that where the terminal hour for planning and licensing differ, then the operator will need to abide by the earlier closing time.

Having taken all of the above factors and representations into consideration, and considering the application on its own merits, the Sub-Committee was satisfied that by granting the premises licence the licensing objectives would continue to be promoted.