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; 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:
 
Films:
 
Monday to Wednesday   
10:00 - 01:00
Thursday 
 
10:00 - 02:00
Friday to Saturday   
10:00 - 03:30
Sunday 
  
10:00 - 00:00
 
Live Music:
 
Monday to Wednesday   
10:00 - 01:00
Thursday 
 
10:00 - 02:00
Friday to Saturday   
10:00 - 03:30
Sunday 
 
10:00 - 00:00
 
Recorded Music:
 
Monday to Wednesday   
10:00 - 01:00
Thursday 
 
10:00 - 02:00
Friday to Saturday   
10:00 - 03:30
Sunday 
 
10:00 - 00:00
 
Any entertainment of
a similar description to live music,
recorded music or
performances of dance:
 
Monday to Wednesday   
10:00 - 01:00
Thursday 
 
10:00 - 02:00
Friday to Saturday   
10:00 - 03:30
Sunday 
 
10:00 - 00:00
 
Late Night
Refreshment
 
Monday to Wednesday   
23:00 - 01:00
Thursday 
 
23:00 - 02:00
Friday to Saturday   
23:00 - 03:30
Sunday 
 
23:00 - 00:00
Supply of Alcohol
(on sales)
 
Monday to Wednesday   
10:00 - 01:00
Thursday 
 
10:00 - 02:00
Friday to Saturday   
10:00 - 03:30
Sunday 
 
10:00 - 00:00
 
Supply of Alcohol
(off-sales)
 
Monday - Sunday 
10:00 - 23:00
 
Opening hours of the
premises
 
Monday to Wednesday   
10:00 - 01:30
Thursday 
 
 
10:00 - 02:30
Friday to Saturday   
10:00 - 04:00
Sunday 
  
10:00 - 00:30
 
Condition 12 to be
amended as follows: 
 
A minimum of one (1) SIA registered door staff
per 100 customers or part thereof shall be on duty from 22:00 hours
until at least 20 minutes after closing on Thursdays to Saturdays.
From 22:00 hrs on Thursday to Saturday customers will be counted in
and out using a mechanical counter. Additional Male and Female SIA
door staff will be employed at the premises when required on the
basis of an operational risk assessment.
 
And the following
conditions:
 
The licensee should submit the following
policies and submit these to the Licensing Authority within 28 days
of the grant of the premises licence:
 
· 
Entry and Search
· 
Drugs
· 
Queuing
· 
Smoking
· 
Dispersal
· 
Security
· 
Weapons
 
The Licensee shall ensure that all relevant
staff are fully trained and made aware of the legal requirement of
businesses to comply with their responsibility as regards the
disposal of waste produced from the business premises. The
procedure for handling and preparing for disposal of the waste
shall be in writing and displayed in a prominent place where it can
be referred to at all times by staff.
 
The Licensee shall ensure that any contract
for general and recyclable waste disposal shall be appropriate in
size to the amount of waste produced by the business. The Licensee
shall maintain an adequate supply of waste receptacles provided by
his registered waste carrier (refuse sacks or commercial waste
bins) in order to ensure all refuse emanating from the business is
always presented for collection by his waste carrier and shall not
use any plain black or unidentifiable refuse sacks or any other
unidentifiable or unmarked waste receptacles.
 
The Licensee’s premises are situated in
an area within which refuse may only be left on the public highway
at certain times (time bands). If the Licensee’s waste
carrier cannot or does not comply by collecting the refuse within
an hour after the close of any time band imposed by the waste
authority, the Licensee must remove the refuse from the public
highway and/or keep it within the premises until such time as
his/her waste carrier arrives to collect the refuse.
 
The Licensee shall instruct members of staff
to make regular checks of the area immediately outside the premises
and remove any litter, bottles and glasses emanating from the
premises. A final check should be made at close of business.
 
The Licensee shall provide a safe receptacle
for cigarette ends to be placed outside for the use of customers,
such receptacle being carefully placed so as not to cause an
obstruction or trip.
 
The current trade waste agreement/duty of care
waste transfer document shall be conspicuously displayed and
maintained in the window of the premises where it can be
conveniently seen and read by persons standing in The Corner Shop.
This should remain unobstructed at all times and should clearly
identify:-
 
· 
the name of the registered waste carrier
· 
the date of commencement of trade waste contract
· 
the date of expiry of trade waste contract
· 
the days and times of collection
· 
the type of waste including the European Waste Code
 
Music emanating from the premises shall be
played at such a level to ensure that no nuisance is caused to any
unassociated noise sensitive or residential premises.
 
A sound limiting device within the premises
shall be installed to control all Regulated regulated entertainment
generated in the premises. The device shall be approved by and set
by the Councils Environmental Protection Team’s satisfaction.
No additional noise generating equipment associated with regulated
entertainment shall be used on the premises without being rooted
through the sound limiting device.
 
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 account the
representations from the Responsible Authorities: The Licensing
Authority and the Metropolitan Police Service (“the
Police”) who raised objections to the application. The
Sub-committee took into account that the Applicant agreed
conditions with the Environmental Protection Team and the
Environmental Enforcement Team, and they withdrew their
representation.
 
The Sub-committee took into consideration the
written representations made by the Other Persons (4 local
residents) objecting to the application on the grounds of the four
licensing objectives. The Sub-committee also took into
consideration 1 representation made in support of the
application.
 
The Sub-committee took into consideration the
local resident’s concerns about the impact the premises will
have on the area and about noise late at night following alcohol
consumption.
 
The Police made representations that the
premises are in a cumulative impact area. The reduced hours
proposed by the Applicant were acceptable, and they had no issues
with the temporary events that took place at the premises. The
Police made representations that staggered dispersal was better for
the area.
 
The Licensing Authority made representations
that the hours did not comply with Policy LP3 going beyond core
hours which will result in having large numbers of people in the
area. The Licensing Authority made representations that currently
there is no special policy area. However, a recent assessment
showed there was still a cumulative impact in the area and the
hours on Friday and Saturday could undermine the licensing
objectives.
 
The Applicants legal representative made
representations that there was no primary evidence to support that
the premises had undermined the licensing objectives. The Police,
the Licensing Authority and Other Persons had provided no primary
evidence or crime data, and their objections have been general.
 
The Applicants legal representative made
submissions that the Other Persons who raised objections had no
direct evidence relevant to the premises and they were generic in
nature. There were no specific details or evidence that have been
proven that the premises undermined the licensing objectives.
 
The Applicants legal representative made
submissions that a number of premises have closed in the area and
the Other Persons cannot rely on the Cumulative Impact Assessment
that was not submitted as part of their representations. The
Environmental Protection Team were content with the conditions, and
the noise limiter was set by the noise acoustic engineer which has
already taken place to check the noise limiter. The noise limiter
will be checked again by the Environmental Protection Team. No
complaints were received from residents above and to the rear of
the premises. The capacity is between 250 and 300.
 
The Other persons (local residents) made
representations that they agreed with the representation made by
the Licensing Authority regarding the cumulative impact in the
area. Local residents noted that a lot of venues disperse at the
same time. Also there was a lot of violence and fighting at
premises dispersing at 4 am. This is in the middle of the area
where the local residents are living. The Other Persons still
maintained their objections and asked for the application to be
refused due to the cumulative impact in the area. The Other Persons
made representations that off sales should be removed from the
licence.
 
After considering the representations made by
the Applicant, the Applicant’s legal representative, the
Licensing Authority, the Police, Other Persons (local
resident’s), and written representations from the parties the
Sub-committee decided to grant the premises licence taking into
consideration the impact on the area. 
 
The Sub-committee took into account the Police
representations that the amended hours will help to stagger
dispersal generally in the area. The Sub-committee noted that the
Environmental Protection conditions and Environmental Enforcement
conditions were agreed. The Sub-committee felt there was no
evidence to link the premises specifically to any negative impact
in the area.
 
The Sub-committee took into account that the
Police were content with the proposed hours and the temporary
events held at the premises meant that they had been operating
until 04:00 am and no issues occurred.
 
The Sub-committee took into consideration that
each application is considered on its own merits.
 
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.
 
Planning
Informative
 
The Applicant is further reminded of the need
to operate the premises according to any current planning
permission relating to its use class, conditions and to regularise
the hours as required.
 
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.
 
The Applicant is encouraged to continue
working with local residents and Responsible Authorities to prevent
any public nuisance or negative impact in the area.
 
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.