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, were granted as applied for
and
as set out in the Licensing report
except for Sunday’s that will be amended as follows for all
licensable activities:
 
Sunday  10:00 -
22:30
 
and the premises will close on
Sunday’s 10:00 - 23:00.
 
 
· 
Condition 23 to be amended as follows: 
 
"A maximum capacity of 150 patrons of
which 100 will be seated customers at any one time, not including
staff". 
 
 
· 
Condition 30 to be amended as follows: 
 
"Amplified sound (Live music or
recorded music) on the premises shall be played through a noise
limiter at such a level so as not to cause cause a nuisance to any un-associated noise
sensitive premises"
 
And the following conditions:
 
· 
No new entry to the premises after 01:00 on Thursdays, Fridays and
Saturdays.
 
· 
The Premises Licence holder shall submit a Dispersal Policy to be
agreed by the Licensing Authority and the Police and it shall be on
display at the premises and available for inspection upon request
by the Police or an authorised officer. 
 
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 that
the Environmental Protection Team and the Environmental Enforcement
Team had withdrawn their objections and agreed conditions with the
Applicant. The Sub-committee also took into consideration that the
Metropolitan Police had withdrawn their objection and agreed an
amended condition 24 with the Applicant.
 
The Sub-committee took into account that the
Licensing Authority had raised an objection to the application on
the grounds of public nuisance and one Other Person (a local
resident) raised an objection to the application on the grounds of
the four licensing objectives. The Sub-committee took into account
that there were 3 representations made in support of the
application.
 
The Applicant made representations that the
premises has a capacity of 150, and that they have staff on the
door at the top and the bottom of the stairs to monitor customers
coming into the premises. The Applicant made representations that
there was no vertical drinking at the premise. The Applicant
contended that the premises are in a state of disrepair and needed
a great deal of long-term investment that would benefit the
area.
 
The Licensing Authority made representations
that the application exceeded core hours however most of their
concerns had been allayed and the Applicant had mitigated the need
for the proposed hours.
 
The Other Person (a local resident represented
by the Shoreditch Community Association) made representations that
the application was not acceptable for premises in the cumulative
impact area and that the Applicant needed to prove that they will
not add to the public nuisance in the area. The local residents
felt that the premises would be used as a nightclub style venue,
and they were concerned about the measures that would be taken to
prevent noise breakout because the noise nuisance was unbearable in
the area. They were also concerned about the noise limiter and no
dispersal policy. The local resident felt that the Applicant did
not present good reasons for going beyond the Council’s core
hours under policy LP3 and that noise nuisance was an issue. There
were concerns about ingress and egress. The local resident felt
that the Applicant’s proposals were vague and that they
maintained their objection to the application. The local resident
felt that the Applicant's concessions were not acceptable and that
the Applicant had not considered the licensing objectives.
 
The Applicant’s solicitor made
representations at the premises is not in a special policy area and
the premises will not add to the cumulative impact. Other premises
had longer hours and that there were no issues. Submissions were
made that the
 
Applicant would be making a substantial
investment into the premises to carry out improvement works such as
soundproofing. Submissions were made that the Applicant had
submitted a robust application and operating schedule. The
consultation was correctly carried out resulting in only one
objection from a local resident and the Applicant was an
experienced operator.
 
The Sub-committee took into consideration that
the Licensing Authorities concerns were mostly allayed following
the Applicant’s proposals made during the hearing.
 
The Sub-committee took into consideration that
there were other premises in the area Operating with later hours.
The Sub-committee felt that the Applicant had provided mitigation
and demonstrated that they will not undermine the licensing
objectives. The Sub-committee took to consideration the proposed
hours and capacity specifically and felt that the proposal was
different from how the premises was previously run.
 
The Sub-committee was pleased that the
Applicant was prepared to work with the Responsible Authorities.
The Sub-committee felt that by limiting the exit and entry to the
premises after 01:00 this would help to reduce public nuisance
caused by dispersal from the premises. The Sub-committee felt that
the Applicant took on board the concerns that were raised during
the meeting that they had agreed robust conditions and they would
operate the premises responsibly. The Sub-committee were persuaded
that the Applicant will be a responsible operator and that the
premises would benefit the area
 
The Sub-committee did not take into
consideration economic factors when considering this
application.
 
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.
 
Public
Informative
The Premises Licence holder is encouraged to
work with the Council’s Environmental Protection Team to deal
with any issues relating to noise nuisance.
 
The Premises Licence holder 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.