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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; and
· 
The protection of children from harm,
 
the application to vary 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 amendment:
 
· 
The hours for licensable activities at the premises, shall be, as
set out in the Licensing report:
 
· 
Remove condition 22 from the premises licence.
 
· 
Condition 28 on the premises licence will be amended and read as
follows:
 
· 
“After 23:00 hours all alcohol shall be served by table
service only except for the private dining room and in the case of
full venue hire”.
 
 
And the following conditions:
 
· 
Alcohol shall be served at all times to seated customers inside the
premises.
 
· 
The outside area of the premises shall be closed at 22:00 each
day.
 
· 
The Premises Licence holder shall provide an updated Fire Risk
Assessment to the Licensing Authority.
 
· 
There shall be no more than 70 patrons (excluding staff) at any one
time at the premises.
 
· 
There shall be no more than 15 smokers at any one time outside the
premises.
 
Reasons for the
decision 
 
The application to vary 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 Licensing Authority, and three Other Persons (local residents)
made representations objecting to the application on the grounds of
public nuisance and the four licensing objectives.
 
The Sub-committee noted that the local
residents did not attend the hearing, however, their written
representations were taken into consideration.
 
The Sub-committee noted that the Police made
no representations after conditions were agreed with the
Applicant.
 
The Applicant made representations that they
were an experienced operator for over 15 years before coming to
Hackney to open this premises. They would be employing nine local
residents and the premises would benefit the area.
 
The Sub-committee noted that the Applicant has
been working with the Council Hackney Nights to improve the
operation of the premises. The Applicant made representations that
there are tables for 16 customers in the outside area that will
close at 22:00 in accordance with the pavement licence which is
renewed every three months. The Applicant confirmed that Glebe Road
is a fire exit only and it is not used to enter and exit the
premises.
 
The Licensing Authority had concerns regarding
the hours exceeding core hours, and they had concerns about
planning issues in accordance with Policy LP5. The Licensing
Authority was satisfied that the premises had a pavement
licence.
 
The Sub-committee took into consideration
objections about noise nuisance in the outside area and the impact
on local residents. The Sub-committee took into consideration that
the Applicant was an experienced operator with a premises that had
a small capacity inside the premises. The Sub-committee took into
consideration the nature and the operation of the business, and
felt it would not undermine the licensing objectives The
Sub-committee took into consideration that the Applicant was
receptive to the representations that were made by the local
residents, and they were prepared to work with them to overcome
their concerns.
 
Having taken all of the above factors into
consideration the Sub-committee was satisfied that by granting this
variation to the licence to change the layout to the premises, the
licensing objectives would continue to be promoted.
 
Public
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.
 
The Applicant is strongly encouraged to use
sustainable cutlery, plates, cups, food containers, and recyclable
disposable materials to avoid using single-use plastic disposable
items to protect the local area, to prevent litter, and to protect
the environment.