Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: January 21, 2025

Purpose:

Content: Application to Vary a Premises Licence – The Divine, 33-35 Stoke Newington Road, London, N16 8BJ - APPROVAL   The decision of 21st January 2025   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 to vary a premises licence, has been approved in accordance with the Council’s Statement of Licensing Policy, and conditions as set out in paragraph 8.1 of the report:   ·  The hours for licensable activities   Plays Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   Films Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   Live Music Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.     Recorded Music Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   Performance of Dance Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   Anything of a similar description Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   Late Night Refreshment Monday    23:00-00:00 Tuesday    23:00-00:00 Wednesday   23:00-00:00 Thursday    23:00-01:00 Friday   23:00-03:30 Saturday    23:00-03:30 Sunday  23:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   Supply of Alcohol (on and off the premises) Monday    11:00-00:00 Tuesday    11:00-00:00 Wednesday   11:00-00:00 Thursday    11:00-01:00 Friday   11:00-03:30 Saturday    11:00-03:30 Sunday  11:00-01:00   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   The Opening hours of the premises Monday    11:00-00:30 Tuesday    11:00-00:30 Wednesday   11:00-00:30 Thursday    11:00-01:30 Friday   11:00-04:00 Saturday    11:00-04:00 Sunday  11:00-01:30   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   ·  Remove conditions 47 and 48 from the premises licence.   Amend the following conditions to be added to the premises licence:   ·  Amend condition 22 as follows:   "Sound systems should be calibrated to ensure no noise is audible in the nearest sensitive premises or externally"   ·  Amend condition 35 as follows:   "The number of people permitted outside the premises to smoke is limited to FIFTEEN (15) people at any one time, will be permitted in the designated smoking area up to 45 minutes before closing time with protocols in place to prevent people spilling onto any thoroughfare and to limit noise".   ·  Amend condition 53 as follows:   "The maximum number of persons (including staff) allowed at the premises shall not exceed 270 persons at all times while the premises are in operation. Seated capacities will be removed on condition that an up to date Risk Assessment is submitted to the Licensing Authority”.   ·  Amend condition 16; From: Last orders shall be called half an hour before closing time as follows with amended hours:   Monday    11:00-00:30 Tuesday    11:00-00:30 Wednesday   11:00-00:30 Thursday    11:00-01:30 Friday   11:00-04:00 Saturday    11:00-04:00 Sunday  11:00-01:30   Non-standard hours:  Bank holiday Sundays to extend the permitted hours for all licensable activity until 03:30.the following day.   New Year’s Eve to extend the permitted hours for all licensable activity until 03:30 on 1st January each year.   And the following conditions be added to the premises licence:   ·  No drinks are permitted to be taken outside of the premises.   ·  There shall be a staggered "Soft closure" 20 minutes before the closure of each floor. Each floor shall be closed 20 minutes apart starting with the ground floor and then after 20 minutes the closure of the basement.   ·  The Premises License Holder shall provide the following policies to the Licensing Authority:   Dispersal Policy Capacity Management Customer Dispersal Age Verification Noise Management Incident Procedures Crime Prevention, Customer Awareness & Anti-theft procedures - Illegal Drugs Policy & Procedure Women’s Safety Customer Health & Safety  Staff Health & Safety  Harassment procedures Waster, Recycling, Sustainability  Healthy Consumption Non-alcohol related product provision   ·  An SIA door supervisor shall be employed on Friday and Saturday nights from at least 20:00 hours, and at other times on a risk assessment basis. When employed, all SIA staff shall wear a high visibility armband or vest to be easily identifiable. They shall enter their name, address, SIA number and times they begin and finish their shift in a daily register. If employed by an agency all agency contact details shall be recorded also. The records must be maintained for a period of one year, a copy kept at the premises and made available upon request to an authorised officer of the Licensing Authority or the Police   Reasons for the decision   The application to vary the premises licence has been approved as the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.   The Sub-committee took into account that the Licensing Authority and Other Persons made representations objecting to the application. The Sub-committee noted that the Police withdrew their representations after agreeing hours and conditions with the Applicant.   The Sub-committee took into consideration the Applicant’s representation that the premises is an LGBTQI+ club and it has a history of working with large scale organisations. The Applicant has worked with the Police and the Licensing Authority and other Responsible Authorities and they are Hackney Nights accredited.   The Sub-committee took into account the Applicant made representations that they had invested in double glazing, a sound system and acoustic walls on the ground floor of the premises. They had implemented 'Ask Angela' and retained staff for at least two years at a time. They have a sound limiter and there are no drum kits.   The Licensing Authority made representations about core hours under Policy LP3 and the potential to undermine the licensing objectives.   The Other Persons (local residents) did not agree with the Applicant. They felt that the flats above the premises would be affected by noise, and had concerns about the application and how noise nuisance would impact the area.   The local residents also made representations about public nuisance with the proposed hours. They felt the Applicant’s noise report does not mitigate the proposed hours and undermines the licensing objectives.   The Applicant made representations that they have compromised on other days of the week and they will continue to review the hours and have staggered closing. They will also monitor and test how the additional hours impact the area.   The Sub-committee felt there was a potential for noise nuisance and the hours are already well in excess of Policy LP3 core hours. The weekend hours have been agreed.   The Sub-committee noted the Police withdrew their representation offering agreed hours and conditions. The Sub-committee took into consideration that the Licensing Authority were concerned about the impact on the area.   The Sub-committee felt that the Applicant had put in place mitigating factors and conditions for operating the premises responsibly. There has been a significant investment in the premises to prevent noise breakout, to reduce noise nuisance and any impact on the area. It was noted that a Fire Risk Assessment is needed. The Sub-committee noted that the Applicant had a number of temporary events and there were no issues arising.   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.   Public Informatives   1.  The Premises Licence Holder is encouraged to continue working with Responsible Authorities to prevent any public nuisance or negative impact in the area.   2.  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.