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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 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 at the premises, shall be, as
set out in the Licensing report with an amendment to the hours for
off-sales:
 

Sale of Alcohol (off-sales)
 
Monday to
Saturday    10:00 - 23:00
Sunday 
  11:00 -
23:00
 
· 
Remove Conditions 23 and 33 from the premises licence.
 
· 
Condition 10 shall be amended as follows:
 
“A minimum of one SIA
registered door staff per 100 customers or part thereof on Friday
and Saturday from 20.00 until 20 minutes after closing shall be on
duty whilst the premises are in use under the Licence. Additional
Male and Female SIA door staff to be employed at the premises when
required on the basis of an operational risk assessment and SIA
numbers, full names, times worked and duty performed to be entered
into an occurrence book and made available to police immediately
upon request”.
 
· 
Condition 28 shall be amended as follows:
 
“All seating outside the
premises shall be rendered unusable after 23:00”. 
 
· 
Condition 32 shall be amended as follows:
 
"The designated smoking area on
Stoke Newington Road shall not exceed a maximum of 20 persons at
any one time".
 
 
 
 
 
 
And the following conditions:
 
· 
A sound limiting device within the premises shall be installed to
control all regulated entertainment generated in the premises. The
device shall be approved by and set to the satisfaction of the
Council’s Environmental Protection Service so to ensure noise
nuisance is not caused in any unassociated residential premises. No additional
noise generating equipment associated with regulated entertainment
shall be used on the premises without being routed through the
sound limiting device. The sound limiting device shall be
maintained for the duration of its use.
 
· 
Wall mounted speakers installed in the premises shall be isolated
from the existing building structure to prevent the transmission of
vibration or reradiated noise breaking out into any un-associated
or noise sensitive premises.
 
· 
Music emanating from the premises shall be played at such a level
to ensure that no nuisance is caused to any unassociated neighbouring premises.
 
· 
The Premises Licence Holder shall submit a written Dispersal Policy
to the Licensing Authority and the Police. The approved Dispersal
Policy shall be implemented at the premises. All staff shall be
briefed on this Dispersal Policy. A copy of the Policy shall be
kept on the premises and shall be produced to a Police officer or
other authorised officer upon request.
 
· 
No deliveries to the premises shall take place between 23:00 and
07:00. 
 
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 Applicant agreed to conditions proposed by the Environmental
Protection Service and the Environmental Enforcement Service.
 
The Sub-committee took into consideration that
there was a dispute regarding the outside smoking area of the
premises. The Sub-committee took into account that the noise
complaint was about a loud smoking area that was causing a public
nuisance.
 
The Sub-committee felt that 25 smokers outside
the premises after 10 pm was too many. They felt 20 smokers at any
one time was a reasonable compromise.
 
 
The Sub-committee took into consideration that
the Applicant is an experienced operator who wanted to prove that
he could operate the premises responsibly. The Applicant was
prepared to accept the Sub-committee’s decision on the number
of smokers that were permitted outside. The Applicant made
representations that they wanted to control the area to prevent
public nuisance.
 
The Sub-committee took into account that the
complaints made about the premises related to loud electronic music
which felt like a nightclub late at night. The Sub-committee took
into consideration that the noise came from smokers talking loudly
late at night and blocking the doorway of the premises. The
complainant was a local resident who worked early shifts and had to
wake up early in the morning. The loud noise was causing a
disturbance.
 
The Sub-committee felt that the number of
smokers would not cause a nuisance after 22:00 hours. The
Sub-committee felt that the smoking area moved to the front of the
building together with the reduced number of smokers from 25 to 20
was striking a balance between the Applicant and the Environmental
Protection Officers representations. The Sub-committee felt that
the off-sales should end at 23:00 in accordance with Policy LP4.
The Sub-committee felt reassured by the conditions agreed by the
Applicant.
 
The Sub-committee took into consideration that
the Applicant agreed with the Licensing Authority to provide a
Dispersal Policy that would include one SIA for every one hundred
patrons.
 
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 Sub-committee was satisfied that by granting this
premises licence the licensing objectives would not be
undermined.
 
Public Informative
 
The Premises Licence Holder is encouraged to
work with local residents and the Responsible Authorities to
prevent any public nuisance or negative impact in the area.