Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: March 4, 2025

Purpose:

Content: 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, conditions as set out in paragraph 8.1 report and following proposed conditions, as agreed between the Applicant and the Responsible Authority (the Police):   ? The hours for licensable activities   Late Night Refreshment   Sunday to Tuesday   23:00-01:00 Wednesday    23:00-02:00 Thursday   23:00-03:00 Friday and Saturday   23:00-04:00   The Opening hours of the premises   Monday    12:00-05:00 Tuesday    12:00-05:00 Wednesday   12:00-05:00 Thursday    12:00-05:00 Friday   12:00-05:00 Saturday      12:00-05:00 Sunday  12:00-05:00   And the following conditions to be added to the premises licence:   1)   The premises shall maintain a comprehensive Closed Circuit Television (CCTV) system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All public areas, entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of the Police or authorised officer.   2)  A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public.   3)   An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following:   ·  all crimes reported to the venue ·  any complaints received ·  any incidents of disorder ·  any faults in the CCTV system ·  any refusal of the sale of alcohol ·  any visit by a relevant authority or emergency service.   4)   There shall be clear and prominent signage asking all customers to leave quietly and respect local residents.   5)   All instances of crime or disorder to be reported by a responsible member of staff to an agreed police contact point, as agreed with the Police.   6)   The premises will have and implement a Delivery Management Plan that will be made available to police or an authorised officer upon request.   7)  The Applicant shall produce a Delivery Management Plan, to be submitted to the Licensing Authority;   8)  The Applicant shall produce a Crowd Management Plan, to be submitted to the Licensing Authority.   Reasons for the decision   The application for a premises licence for Late Night Refreshment has been approved as the Licensing Sub-Committee was satisfied that the licensing objectives would not be undermined.   The Sub-Committee noted that all the Responsible Authorities had withdrawn their representations. The Sub-Committee noted that one local resident maintained their objection against the application. It was noted that one other local resident had withdrawn their representation after considering the additional information from the Applicant. The Sub-Committee took into account that premises mainly served cold food and deserts prior to this application.   The Sub-Committee took into consideration that the Applicant had agreed with the Police and the Licensing Authority reduced hours that the premises will operate under. The Sub-Committee noted concerns about the premises not having planning permission for hot food and that the Applicant made representations that this will be resolved. It was noted that the Applicant agreed to provide a crowd management plan and a plan for deliveries.   The Sub-Committee took into consideration that the Applicant made representations that the sale of hot food was only 5 or 6% of their operation. The premises is a small kiosk store with no seating. The premises has a small ordering area that can have up to 5 customers at any one time on the. The Sub-Committee noted that a risk assessment had been carried out at the premises.   The Sub-Committee took into account that the food is collected from the store by the customers and drivers. The Sub-Committee heard representations from the Applicant that most of the third party delivery orders only make up a small amount of customers. It will not be very busy. And the Applicant is aware of the representations made by their neighbours which they have tried to resolve.   The Sub-Committee took into consideration that the Applicant has demonstrated that they are an experienced operator and they have a number of other premises operating in the same way. The Applicant made representations that they have taken steps to prevent people hanging around the premises. The Sub-Committee felt that the Applicant had presented a comprehensive representation about the premises and how they would operate.   The Sub-Committee noted that the Applicant has waste procedures in place and that they train their staff. The Applicant was happy to submit their policies and procedures to the Licensing Authority.   The Sub-Committee noted that the premises are on a red route and that the Applicant agreed to provide a delivery plan. The Sub-Committee took into consideration that the Applicant made representations that they will put up notices online and on the premises to inform bikers and drivers to leave the premises quietly.   The Sub-Committee found that there was insufficient evidence to support the representation made by the local resident who maintained their objection.   The Sub-Committee took into consideration that the premises has a good track record of five years without any incidents.   The Sub-Committee took into consideration the representation received from the local resident objecting to the application, however, the Sub-committee felt that the Applicant had not undermined the licensing objectives and had worked with the Responsible Authorities to ensure that they operate the premises responsibly identifying any risks, and that they mitigated any negative impact. The Applicant demonstrated that they would be willing to work further on their process and procedures, a delivery plan and crowd control and they will comply with any planning requirements.   Having taken all of the above factors into consideration the Licensing Sub-Committee was satisfied that granting the application would continue to promote the licensing objectives.   Planning and Public Informatives   The Premises Licence Holder is reminded of the need to operate the premises according to any current planning permission relating to its user class, conditions, hours and consents.   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 Premises Licence Holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers, and recyclable disposable materials to avoid using single-use plastic disposable items.   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