Decision Maker: Licensing Sub Committee A

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 9, 2024

Purpose:

Content: RESOLVED:   The decision of 9th October 2024   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 amendment:   ·  The hours for licensable activities, shall be, as set out in the report:   Plays   Monday to Thursday  10:00 - 23:00 Friday and Saturday  10:00 - 00:00 Sunday    10:00 - 22:30   Films    Monday to Thursday   10:00 - 23:00 Friday and Saturday  10:00 - 00:00 Sunday    10:00 - 22:30   Live Music   Monday to Thursday  10:00 - 23:00 Friday and Saturday  10:00 - 00:00 Sunday  10:00 - 22:30   Recorded Music    Monday to Thursday   10:00 - 23:00 Friday and Saturday  10:00 - 00:00 Sunday  10:00 - 22:30   Performance of Dance    Monday to Thursday  10:00 - 23:00 Friday and Saturday  10:00 - 00:00 Sunday  10:00 - 22:30 Any entertainment of a similar description    Monday to Thursday   10:00 - 23:00 Friday and Saturday   10:00 - 00:00 Sunday   10:00 - 22:30          Sale of Alcohol (On the premises)   Monday to Thursday   10:00 - 23:00 Friday and Saturday    10:00 - 00:00 Sunday   10:00 - 22:30    Late Night Refreshment    Friday and Saturday    23:00 - 00:00   The opening hours of the premises   Monday to Thursday   09:00 - 23:30 Friday and Saturday     09:00 - 00:30 Sunday    09:00 - 23:00     Conditions 15,23, 36, 37, 38, 39,40, 41, 42, 43, 44, 45, 48 and 54 were not attached to the premises licence.    ·  Amend condition 31 to read as follows:    " The number of persons permitted in the premises at any one-time excluding staff shall not exceed 500”   ·  Amend condition 55 to read as follows:                     "There will be a minimum of 3 SIA registered door supervisors on duty at any time where alcohol is being sold, with additional SIA employed will be employed on an operational risk assessment basis and with the approval of the Police".   And the following additional condition to be added to the premises licence:   ·  No DJ led events are permitted at any time.  ·  No performances of live music shall be permitted in any external areas ·  SIA Security staff shall remain on duty at least 20 minutes after the premises closes to monitor the external area and ensure all patrons are dispersed       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 that the Police and Environmental Enforcement had agreed conditions with the Applicant and withdrew their representations.   The Sub-committee took into consideration that the Licensing Authority objected to the application on the grounds of public nuisance and 28 local residents objected on the grounds of the four licensing objectives. In addition there were 3 representations in support of the application.   The Applicant made representations that they were an experienced operator for over 15 years operating the Looking Glass Cocktail Club in Hackney Road and recently had an increased alcohol licence without a single local resident objection.   The Applicant made representations that they were experienced in dealing with corporate events and grass roots live music events. The Applicant contended that it is a not for profit venue in Shoreditch designed for young artists performing and they have charity events and deal with business projects. The Applicant made representations that Camden Jazz Café have the similar offering of what they want to offer. There are no DJ led entertainment. The Applicant said that they want to keep hours to 01:00 when there are live bands. The Applicant was happy with the amendments to conditions 52 and 36 of the management plan. The Applicant made representations that there will be a third-party promoter led events.  .   The Sub-committee took into consideration 28 representations from local residents objecting to the application because the premises serve as a magnet for antisocial behaviour, crime and disorder that impacts on the local residents. Representations were made by local residents that the premises opening would result in crowded pavements and difficulties to local residents to get through. The Sub-committee took into consideration that local residents had seen a substantial improvement in the area by the premises being closed. The Sub-committee noted that local residents felt the premises are too big and the cumulative impact is a big issue, and the local residents did not want live music in the external areas.   The Sub-committee took into account the representations from local residents about the impact of thousands of people late at night which is an ongoing problem due to the huge crowds. The Sub-committee took into consideration the huge concern of the local residents about the impact of dispersal on the people who live on those streets. The Sub-committee noted that residents have to deal with intoxicated people late at night and with antisocial behaviour.   The Sub-committee heard representations that the area is saturated with premises and the Applicant has two other premises that can be used. The local residents felt it was not necessary for this premises to have a licence. The hours will impact the quality of life of local residents, will bring antisocial behaviour to the area and will bring thousands of people to the area who will be drinking.   The Sub-committee noted that the local residents preferred daytime use of the premises and they do not want to go back to the problems experienced previously at the premises over the last five years. The Sub-committee noted that the local residents were concerned about who this business could be transferred to.   There were three representations made in support of the application that they felt that the Applicant will uphold the four licensing objectives, and that the Applicant runs the local Pub Watch, and they are an experienced operator.   The Licensing Authority made representations that if Members were minded to grant, it should be limited to the core hours as set out in the Council’s Licensing Policy, the events management plan and a number of conditions. The Sub-committee noted that conditions were agreed with the Licensing Authority in respect of the capacity of the premises.   The Sub-committee felt that the Applicant has demonstrated through his experience of the last 15 years that he is a responsible operator and he would work with the local residents to overcome their concerns.   The Sub-committee felt that given the concerns raised in the hearing by residents about cumulative impact and the offer to reduce the hours to core hours as in the licensing policy LP3 this mitigated the impact. The Sub-committee took into consideration that the operator demonstrated that they would not undermine the licensing objectives. The Sub-committee noted there have been no incidents reported in respect of a number of periods of licensable activity authorised by  temporary event notices.   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.   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.   You can also contact the court by email: northlondonmc@justice.gov.uk