Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: April 3, 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, and conditions as set out in paragraph 8.1 of the report:   ? The hours for licensable activities   Live Music   Monday    12:00-22:00 Tuesday    12:00-22:00 Wednesday    12:00-22:00 Thursday   12:00-22:00 Friday    12:00-22:00 Saturday    12:00-22:00 Sunday    12:00-22:00   Recorded Music    Monday    12:00-22:00 Tuesday    12:00-22:00 Wednesday    12:00-22:00 Thursday   12:00-22:00 Friday    12:00-22:00 Saturday    12:00-22:00 Sunday    12:00-22:00   Supply of Alcohol (on and off the premises)   Monday    12:00-22:30 Tuesday    12:00-22:30 Wednesday    12:00-22:30 Thursday   12:00-22:30 Friday    12:00-22:30 Saturday    12:00-22:30 Sunday    12:00-21:30   The Opening hours of the premises   Monday    12:00-23:00 Tuesday    12:00-23:00 Wednesday    12:00-23:00 Thursday   12:00-23:00 Friday    12:00-23:00 Saturday    12:00-23:00 Sunday    12:00-22:00   And the following conditions to be added to the premises licence:   ·  Alcohol shall not be sold, supplied, or consumed inside the premises otherwise than to persons who are taking substantial table meals and that the consumption of alcohol by such persons is ancillary to taking such meals.   ·  All external doors and windows shall be kept closed at the premises, other ·  than for access and egress.   ·  The Premises Licence Holder shall ensure that no noise can be heard at the nearest sensitive residential property.   ·  No smoking is permitted outside of the premises at any time.   ·  No outdoor speakers are permitted at the premises.   ·  No regulated entertainment is permitted at the premises.   ·  A contact telephone number and email address must be available to all local residents and the Environmental Protection Officers and other Responsible Authorities, including on the website of the premises, and on display at the premises.   ·  The capacity inside the premises shall be limited to no more than 40 persons at any one time (this does not include staff members).   ·  No deliveries are permitted at the premises between 23:00 - 07:00.   ·  The Premises Licence holder shall submit a Dispersal Policy to the Licensing Authority and the Police for approval, and shall include no noise to be heard at the nearest sensitive property, which is to be made available on request by an authorised Council officer.   ·  The Premises Licence holder shall submit a Delivery Management Plan to the Licensing Authority and the Police for approval which is to be made available on request by an authorised Council officer.   ·  All delivery drivers shall park away from the premises at all times.       Reasons for the decision   The application for a 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 consideration that there were no representations from Responsible Authorities. The Sub-Committee noted that the Environmental Enforcement Team agreed to conditions with the Applicant and withdrew their representations.   The Sub-Committee took into account that local residents made representations objecting to the application on the grounds of the four licensing objectives in particular public nuisance.   The Sub-Committee heard representations made by Councillor Martins, on behalf of a local resident in her ward, that they were concerned about the licensing objectives being undermined, and the impact on local residents in the area late at night, even if the windows, and doors were closed. Councillor Martin suggested that the hours should be reduced particularly on weekdays when children will be affected by noise late at night. The Sub-Committee took into consideration that a child’s bedroom Is opposite the premises, and there is also a bus stop outside of the premises.   The Sub-Committee took into consideration the Applicant’s representations that they are operating a seafood restaurant for five years. They have applied for live music on Friday and Saturdays and plan to have events twice a week. The Applicant contended that they have carried out construction works to prevent noise nuisance. The events will end at 22:00, and they do not intend to operate late at night. The Applicant made representations that they have replaced the speakers in the premises. The capacity of the premises is 40 and alcohol will be served with a meal. The Applicant made representations that they will always respect their neighbours and local residents, and did not want to cause a disturbance. The Applicant made representations that after 21:00 Dalston is a quiet and calm area. In addition, they do not intend to play music now, but in the future probably in the next six months or one year from now. The Sub-Committee also noted that the Applicant will train their staff to prevent noise nuisance.   The Sub-Committee took into account the Applicant’s representations that the premises is a restaurant, and their customers will not all leave at the same time. There are three staff in the restaurant and on music nights they will hire additional security. The music that they plan to play is acoustic slow Turkish with a singer and a guitar. There will be no drums.   The Sub-Committee noted that the Applicant has a noise limiter which the Applicant needs to consult the Environmental Protection Service to set at the correct level. The Sub-Committee took into consideration that Counsellor Martins was satisfied with the Applicant’s submissions and the conditions agreed during the hearing, and the Applicant was prepared to work with local residents. The Sub-Committee noted that the premises has air-conditioning that can be used in hot weather   The Sub-Committee took into account that the Applicant agreed to provide contact details to be on display at the premises should any local residents or Responsible Authorities have complaints. The Sub-Committee asked the Applicant to ensure that delivery drivers will park away from the premises, and walk to the premises to collect the orders.   The Sub-Committee took into account that the Applicant agreed to provide a Delivery Management Plan to the Licensing Authority and the Police.   The Sub-Committee took into consideration that the Applicant is an experienced operator with a good track record. The Sub-Committee was satisfied that the premises would not be operated as a club, and the Applicant agreed to work with local residents to prevent noise nuisance.   The Sub-Committee felt that the additional conditions agreed by the Applicant gave the Sub-Committee some reassurances, and that the premises would be operating Core hours under Policy LP3. The Sub-Committee also felt that dispersal from the premises was important and were satisfied that the Applicant agreed to submit a Dispersal Policy to the Licensing Authority and the Police.   Having taken all of the above factors into consideration the Licensing Sub-Committee was satisfied that granting the application would promote the licensing objectives.   Public Informatives   The Premises Licence Holder is encouraged to work with Environmental Protection on the noise limiter and other works to prevent any public nuisance or negative impact in the area.   The Premises Licence Holder is encouraged to continue working with Responsible Authorities and local residents to prevent any public nuisance or negative impact in the area. 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. The Premises License Holder is encouraged to consider sustainable fishing for the protection of the sea bed as set out in the Lyme Bay Fisheries Conservation Reserve  https://www.lymebayreserve.co.uk/    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