Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: January 14, 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   Recorded Music Indoors   Wednesday  17:00 - 23:00 Thursday  17:00 - 23:00 Friday  17:00 - 00:30 Saturday  17:00 - 00:30 Sunday  17:00 - 23:00   Late Night Refreshment   Friday  23:00 - 00:30 Saturday  23:00 - 00:30   Supply of Alcohol (On the premises)   Wednesday  17:00 - 23:00 Thursday  17:00 - 23:00 Friday  17:00 - 00:30 Saturday  17:00 - 00:30 Sunday  17:00 - 23:00   Opening hours   Wednesday  17:00 - 23:30 Thursday  17:00 - 23:30 Friday  17:00 - 01:00 Saturday  17:00 - 01:00 Sunday  17:00 - 23:30     The activities sought on Monday and Tuesday are removed from the application.   Condition 16 is amended as follows:   “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”   And the following conditions to be added to the premises licence:   ·  Conditions 9 - 15 on the Licensing report agreed with the Police.   ·  No drinks to be taken outside of the premises.   ·  No more than 4 smokers are permitted outside at the designated smoking area.   The area of Scoble Place immediately in the vicinity of the premises will be swept and kept clean and any litter emanating from the premises is collected and disposed of.   The disposal of waste into external receptacles shall not take place between the hours of 22:00 and 08:00.   No waste collection will take place between the hours of 22:00 and 08:00.   The Premises Licence Holder shall ensure that all staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. The procedure for handling and preparing for disposal of the waste shall be in writing and displayed in a prominent place where it can be referred to at all times by staff.     The Premises Licence Holder shall ensure that any contract for general and recyclable waste disposal shall be appropriate in size to the amount of waste produced by the business. The Premises Licence Holder shall maintain an adequate supply of waste receptacles provided by his registered waste carrier (refuse sacks or commercial waste bins) in order to ensure all refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.   The Premises Licence Holder's premises are situated in an area within which refuse may only be left on the public highway at certain times (time bands). If the Premises Licence Holder’s waste carrier cannot or does not comply by collecting the refuse within an hour after the close to any time band imposed by the waste authority, the Premises Licence Holder must remove the refuse from the public highway and/or keep it within the premises until such time as his/her waste carrier arrives to collect the refuse.   The Premises Licence Holder shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such as a receptacle being carefully placed so as not to cause an obstruction or trip.   The current trade waste agreement/duty of care waste transfer document. This should remain unobstructed at all times and should clearly identify: -   ? the name of the registered waste carrier ? the date of commencement of trade waste contract the date of expiry of trade waste contract ? the days and times of collection ? the type of waste including the European Waste Code   All music systems shall be routed through a sound limiting device. The limiting device(s) should be set to ensure inaudibility in all nearby residential premises, a certificate of compliance should be submitted to the Environmental Protection Service. The device shall be controlled by the licensee/management and kept in a secure location.   A contact telephone number and email address must be available to all local residents.     The Premises Licence Holder shall hold and publicise quarterly liaison meetings with local residents.   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 the Environmental Protection and the Police made representations on the grounds of public nuisance. The Police withdrew their objections based on agreed hours and conditions in advance of the hearing.   The Sub-Committee took into consideration the representations made by 3 Other Persons (local residents) on the grounds of the licensing objectives particularly public nuisance: noise nuisance, antisocial behaviour, litter and delivery vehicles. The local residents made representations that they have to walk past smokers, and there is a risk for emergency services not being able to access the street.   The Sub-Committee noted that the local residents' representations in accordance with the existing club premises certificate, they had not been notified of events at the premises and had not been provided with contact details, phone number or email. There is no website to contact the premises. Also no resident liaison meetings had taken place.   The Sub-Committee heard representations that there were alleged vexatious complaints, and It was difficult for the Environmental Protection Service to witness nuisance. The Sub-Committee noted the Applicant had tried to deal with noise issues and offered to put up sensor lights.    The Sub-Committee heard representations from the Applicant that the premises is not a nightclub it is a social club for over 40s. The Applicant contended that deliveries have not been a problem. The deliveries have been offloaded and left at the premises. There was no blockage on the road. The Applicant made representations that the music would not affect local residents because it is at low level, and they did invite the local residents in July 2024 however, none attended.   The Sub-Committee when making their decision took into account that the Applicant agreed to remove Monday and Tuesday from the application. The Sub-Committee took into account that the operating hours were reduced as agreed with the Police.    The Sub-Committee took into account that the local residents made representations, after hearing that the operating hours and days would be reduced from seven days per week; they felt reassured that this would help to make the outdoor area less intimidating. The Sub-Committee felt some of the concerns about the premises goes to how they will help make the area safer and clean.   The Sub-Committee took into consideration that the Licensing Authority made representations that the reduced hours and reduced operating days that the policy aligns and alleviates any concerns that they would have.   The Sub-Committee took into account that the Environmental Protection Service had not witnessed noise nuisance. However, they had received three complaints on the 4th, 5th and 9th of January 2025. The Environmental Protection Service could not confirm where the noise was coming from.   The Sub-Committee took into consideration that the Applicant agreed to have a noise limiter on the premises.    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 work with local residents to prevent any public nuisance or negative impact in the area.   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