Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: February 12, 2025

Purpose:

Content: The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of the licensing objectives: ·  The prevention of crime and disorder ·  Public safety ·  Prevention of public nuisance ·  The protection of children from harm   The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report.   The hours of licensable activity   Films   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday  10:00 - 02:30 Saturday  10:00 - 02:30 Sunday  10:00 - 00:30   Non-standard Hours:   Saturday: An additional hour is added to the end times on the day British  Summer Time commences.   Live Music   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday   10:00 - 02:30 Saturday  10:00 - 02:30 Sunday  10:00 - 00:30   Non-standard Hours:   Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Recorded Music   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday  10:00 - 02:30 Saturday  10:00 - 02:30 Sunday  10:00 - 00:30   Non-standard Hours: Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Performance of Dance   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday  10:00 - 02:30 Saturday  10:00 - 02:30 Sunday  10:00 - 00:30   Non-standard Hours:   Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Anything of a similar description   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday  10:00 - 02:30 Saturday  10:00 - 02:30 Sunday  10:00 - 00:30   Non-standard Hours: Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Late Night Refreshment   Friday  23:00 - 02:30 Saturday  23:00 - 02:30 Saturday  23:00 - 00:30   Non-standard Hours: Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Supply of Alcohol (On sales)   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday  10:00 - 02:30 Saturday  10:00 - 02:30 Sunday  10:00 - 00:30   Non-standard Hours: Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Opening hours   Monday  10:00 - 23:00 Tuesday.  10:00 - 23:00 Wednesday  10:00 - 23:00 Thursday  10:00 - 23:00 Friday  10:00 - 03:00 Saturday  10:00 - 03:00 Sunday  10:00 - 01:00   Non-standard Hours: Saturday: An additional hour is added to the end times on the day British Summer Time commences.   Condition 11 to be amended as follows:   "There shall be no admittance or re-admittance to the premises  1 hour before the end of licensable activities, except for patrons permitted to temporarily leave the premises to smoke".   Condition 16 to be amended with the additional condition:   The wording of condition 16 to remain the same 16 (a) to (d).   The additional 16 (e) to read as follows:   “Any limiter installed shall be approved by an authorised officer of the London orough of Hackney”   Condition 19 to be amended as follows:   The Premises Licence holder shall submit the following policies to the Licensing Authority and the Metropolitan Police Service. These shall be available for inspection at the premises by an authorised officer.   19. The premises licence holder will devise and maintain the following policies:   a. Dispersal   This policy will include but not limited to:   i. How patrons leave the premises; ii. How patrons will be informed of the services of taxi and private hire operators; iii. What staff will be responsible for supervising those leaving the premises and how they will supervise such persons; iv. Any ‘wind’ down periods; v. How bottles and glasses will be prevented from being removed from the premises. vi. Any management controls and practical steps vii. All measures to control any noise generated by patrons leaving the premises   b. Security   This policy will include but not limited to: i.  Clear expectations of staff roles (including the DPS, managers/supervisors and door supervisors); ii.  Staff training regarding identification of suspicious activity and what action to take; c. Drugs, this will be a zero-tolerance policy with regard to the use/possession of controlled drugs and psychoactive substances Including but not limited to: iii.  Dealing with patrons suspected of using drugs on the premises; ii. Scrutiny of spaces including toilets or outside areas; iv.  The handling of items suspected to be illegal drugs or psychoactive substances. v.  Steps taken to discourage and disrupt drug use on the premise substances. vi   Steps taken to discourage and disrupt drug use on the premises vii  Steps to be taken to inform patrons of the premises drug policy/practice. Viii  A copy of the policies will be on site and available to view by an authorised officer of London Borough of Hackney, or the Metropolitan Police immediately. Any revisions to the above policies shall be submitted to The London Borough of Hackney, and the Metropolitan Police Service with 28 days of such revisions.   Condition 23    After 20:00 no person under 18 years of age shall be admitted to the premises or allowed to remain on the premises.   And the following conditions to be added to the premises licence:   ·  There shall be no sales of alcohol for consumption off the premises   ·  No licensable activities are permitted on the 1st, 2nd and 3rd floors of the premises.    ·  No collections of waste or recycling materials including the movement of glass bottles within or from the premises shall take place between 22:00 hrs and 07:00 hrs.     ·  A qualified Acoustic Consultant, who is a member of the Institute of Acoustics (loA) or other similar professional body, should be appointed by the applicant to undertake a full acoustic survey of the site, before the commencement of regulated entertainment, to determine the maximum music noise levels and noise levels from patrons. These levels should be such as not to cause a noise nuisance in the nearest noise sensitive premises during the provision of regulated entertainment. The acoustic survey should be followed by a comprehensive acoustic report outlining the survey's methodology, established music noise levels, all nearest noise sensitive premises and all recommended noise mitigation measures to be implemented when regulated entertainment is taking place. The acoustic report should be submitted to the Local Authority’s Environmental Protection Service for approval. All the recommendations within the report must be implemented prior to the regulated entertainment taking place.   ·  Music emanating from the premises shall be played at such a level to ensure that no nuisance is caused to any unassociated residential or noise sensitive premises.   ·  The designated smoking area will be on Wick Road. The number of smokers allowed to use the smoking area will be a maximum of 5 people.   Condition 24    After 23:00 this premises shall only operate as a restaurant with entertainment where:     a. Food is provided in the form of substantial table meals that are prepared on the premises, are served and consumed at a table using non-disposable crockery; b. There is no provision for takeaway food or drink for immediate consumption  immediately outside the premises c. The Customers are shown to their table; d. The supply of alcohol is by way of waiter or waitress service only to persons seated at a table. e. Alcohol is sold or supplied for consumption on the premises by persons going to have or have had a bona fide substantial table meal on the premises.    Reasons for the decision   The application for a premises licence has been approved as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.  The Sub-Committee took into consideration that two Other Persons (local residents) made representations about public nuisance. The Sub-Committee noted the Environmental Protection Service and the Police withdrew their representations and agreed reduced hours on Sunday night to 01:00 and their concerns had been allayed in advance of the hearing. The Sub-Committee took into account local residents made representations about the impact on the area with a late night opening, concerns about noise being generated late at night, and the disturbance caused to local residents. The local residents had concerns about antisocial behaviour and increased crime and disorder. There are concerns also by local residents about traffic being increased and people smoking which will lead to noise nuisance.   The Sub-Committee heard the Applicant's legal representative made representations that they need an acoustic report to prevent noise nuisance and local residents can be involved. The premises will have 70 covers over the ground floor and basement. It was noted that the intention was for the whole building to be licensed.    The Sub-Committee noted that the smoking area is on Wick Road with five smokers at any one time which the local residents asked for. The Sub-Committee took into consideration that the entrance on Wick Road would be monitored and customers would not be allowed to take drinks outside.   The Applicant’s legal representative contended that the escape door would be kept shut. There will be no dance floor and no DJs. The Applicant will identify the nearest adjoining residential unit and will carry out an acoustic assessment.   The Sub-Committee took into consideration the representations from the Applicant’s legal representative that dispersal will be aided by people not all  leaving at the same time and they will be table bookings. Staff will be trained, and the manager will provide contact details for residents.   The Sub-Committee took into consideration that the Applicant’s legal representative made representations that a noise limiter will be used which will be approved by the Environmental Protection Service.   The Sub-Committee after considering all the representations felt that all the conditions offered and the compromises given by the Applicant provided assurances about how the premises would be operated. However, the Sub-Committee had concerns about how far the measures would be implemented and the impact on the local residents.   The Sub-Committee took into account that the local residents maintained their objections and that they were still very concerned and not confident that the Applicants proposals will be workable given the crime in the area.   The Sub-Committee took into consideration the Applicant has a comprehensive list of conditions which mitigated the impact and noise nuisance. The Sub-Committee also took into account the capacity of the premises, which has a maximum 20 patrons in the basement and a maximum 50 patrons in the ground floor restaurant. The Sub-Committee felt reassured that the Applicant was prepared to work with local residents to resolve any noise issues, and they would contact local residents regarding the soundproofing of the premises.    The Sub-Committee noted that the pub and restaurant had no reference to an “AirBNB” use in the application.   Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting the premises licence the licensing objectives would not be undermined.   Public Informative   The Premises Licence Holder is encouraged to continue working with local residents to prevent any public nuisance or negative impact in the area.