Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: May 1, 2025

Purpose:

Content: 6.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer (acting). This was an application for a Premises Licence under the Licensing Act 2003 to authorise live music, recorded music and the supply of alcohol for consumption on the premises from Monday to Sunday.   6.2  During the course of the meeting there was a discussion where a number of points were raised which included the following:   ·  The Applicant noted the application was proposed in order to create a safer and more controlled environment at the premises. As a result a previous application had been withdrawn. ·  Since October 2023 the premises had changed the security model and changed the security provider. ·  The Applicant engaged with residents including hosting a resident meeting and attending a housing estate resident meeting, to address concerns. The applicant had acted on feedback received. ·  The Applicant had trialled alcohol sales through two Temporary Event Notices (TENs) with no incidents and positive customer feedback. ·  The premises was not a public bar and it was proposed to sell alcohol to pre-booked customers only. ·  It was proposed to sell beers, ciders, low percentage alcohol, and pre-mixed cocktails. Hard liquor which included spirits were to be banned and bag checks undertaken. ·  The Applicant noted three incidents in the last 18 months which had been addressed and the Applicant had engaged with the police. ·  The Applicant had responded to concerns about litter by assigning regular litter cleaning duties. ·  The premises banned any persons under 18 years at the premises after 9.00pm and no alcohol was sold where bookings included minors. ·  A 10.00am licence for alcohol sales enabled flexibility, however, the Applicant was willing to consider an alcohol licence from 4.00pm. ·  The Applicant noted that the approach proposed was to address concerns related to outside the premises particularly at later hours and to have security that supported dispersal and ensured that there was no nuisance to local residents. ·  The new security provider had been in place for one year. ·  Alcohol sales were proposed to take place in an area under the stairs past the main entrance. ·  Smokers used a front yard with fencing and overhead covering. The number of smokers was difficult to quantify and dependent on the nature of the bookings. ·  In response to a question the Applicant noted that no drinks were served in glassware, only cans and cardboard cartons were used. ·  Waste was placed in onsite bins and it was proposed to provide a public bin which it was anticipated encouraged public use. ·  The Police and Licensing Authority noted incidents to which they had been called related to antisocial behaviour and public nuisance and had been resolved. ·  The Police and Licensing Authority representations related to storage of alcohol and the limit on the amount of alcohol that customers were allowed to bring to the premises after licensing hours. ·  The Police and Licensing Authority considered a licence, with conditions, to provide increased control and possible enforcement if any issues arose at the premises. ·  The Applicant noted proposed options for alcohol after 11.00pm as (a) no alcohol at all and confiscate and return alcohol found in bag checks to customers when they leave the premises; (b) customers allowed to bring in a specified number of beers or ciders. Option (b) was considered to be a useful compromise which reduced customer tensions. ·  In response to Cllr Moema’s inquiry regarding public urination, the Applicant noted there were five toilets across two floors at the premises. ·  It was noted there was one recorded incident of public urination which resulted in a customer being banned from the premises. ·  The Applicant suggested the key to management of space outside the premises was to have security in high visibility jackets who actively dispersed people away from the premises and ensured vulnerable customers were supported. ·  Customers who caused antisocial behaviour or nuisance when leaving the premises as a result of confiscated drinks that were returned to them were banned. ·  The Applicant noted the approach was to control drinking on site and reduce the range of drinks available for sale. A later licence with no alcohol allowed to be brought onsite was proposed by the Applicant. It was acknowledged that this was not what had been proposed in the application. ·  The Police and Licensing Authority noted there had been one incident since January 2025 in which a Security Industry Authority (SIA) officer requested police assistance, when people had refused to leave. ·  The Applicant indicated that a maximum of 30 people can be in the smoking area outside and was content to consider a condition with a revised maximum number of people in that area. ·  On a good operational day there were roughly 60 people in the building with maximum capacity estimated at 85 people. ·  Cllr Smyth proposed a condition that no alcohol was brought onto the premises. This enabled the premises to demonstrate the successful operation of the venue. The Applicant was then, at a future date, able to apply to vary the licence to increase the licensed hours. The Applicant considered this condition to be reasonable. ·  It was noted that the venue was able to hold live music events until 11.00pm. ·  It was noted that alcohol was sold every day and it was proposed the words ‘any day alcohol being sold’ attached to condition 13 be removed. ·  At condition 28 additional wording was proposed that no noise emanated from the premises which gave rise to a nuisance ‘in the nearest noise sensitive premises’. ·  The Applicant was to share the dispersal policy with the licensing authority. ·  Cllr Smyth proposed that alcohol be served from 4.00pm and not 10.00am every day except Saturday and Sunday when alcohol be served from 12.00noon. This was accepted by the Applicant. ·  General waste conditions were to be shared with the Applicant by the Council’s licensing authority. ·  The Chair proposed that a condition was included, if the Sub-Committee was minded to grant the application, regarding the Applicant keeping the demise of the premises tidy. ·  The Applicant was content to consider a maximum number of smokers and vaping customers in the smoking area. ·  The Police and Licensing Authority indicated the guidance for smoking outside was 10-20% of total capacity.   In closing remarks the following was noted:   ·  The Police and Licensing Authority noted the proposed conditions and considered the police were content with what was proposed. ·  The Applicant noted that cannabis smoking in and around the venue was not tolerated. ·  The Applicant noted that the application was designed to generate revenue to pay for the security required.   The Decision of 1 May 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 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   Live Music Monday - Sunday   10:00 - 21:30   Recorded Music: Monday - Sunday   10:00 - 22:00     Sale of alcohol (on the premises): Monday - Thursday 16:00 - 23:00 Friday   16:00 - 00:00 Saturday   12:00 to 00:00 Sunday   12:00 to 22:30   Non standard Hours New Year’s Eve - start 10:00, finish 00:30   Opening Hours: Monday - Sunday 07:00 - 02:00   Condition 32 will be amended to read as follows:   “The Premises Licence Holder will provide a written Dispersal Policy to the Police and the Licensing Authority”.   The following conditions will be added to the premises licence as agreed with the Applicant:   1. The Licensee 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.   2. The Licensee 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 Licensee 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 or unmarked waste receptacles.   3. The Licensee’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 Licensee’s waste carrier cannot or does not comply by collecting the refuse within an hour after the close of any time band imposed by the waste authority, the Licensee 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.   4. The Licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any litter, bottles and glasses emanating from the premises. A final check should be made at close of business.   5. The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacle being carefully placed so as not to cause an obstruction or trip.   6. The current trade waste agreement/duty of care waste transfer document shall be conspicuously displayed and maintained in the window of the premises where it can be conveniently seen and read by persons standing in Pirate Studios Limited. 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   7. There shall be no more than 12 customers in the designated smoking area at any one time. 8. The outside of the premises shall be kept clean and tidy at all times. 9. Alcohol shall be sold in aluminium cans only. 10. There shall be a maximum of 60 customers at any one time   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 Police made representations on the grounds of Crime and Disorder and Public Nuisance.   The Sub-Committee took into consideration that 5 Other Persons (local residents) made representations on the grounds of the four licensing objectives.   The Sub-Committee took into consideration representations from the Police who initially had concerns about control of the premises and the impact on the area. However, the Police made representations that the premises are doing more by having SIA security to prevent antisocial behaviour and to prevent problem customers on the premises. The Sub-Committee noted the Police are now of the view that a premises licence would make sure there is tighter control, and enforcement action can be taken if necessary. The licence will help to control the premises and will help to manage the alcohol consumption after 23:00.   The Sub-Committee took into consideration the Applicant’s representations that they have 8 CCTV cameras on site, they hosted an onsite meeting with local residents, and they were keeping outside of the premises clean. The Sub-Committee heard that SIA security guards will be on duty until 02:30 at the premises. The Applicant made representations that the outside area has been well managed. A new security company was brought in one year ago. The premises have a Dispersal Policy and the SIA security staff will help them to identify vulnerable people. The Sub-Committee noted the premises have monthly community events.     The Sub-Committee took into account that the Applicant made representations that late bookings and customers bags will be checked on entry. In addition, the Applicant made representations that there is restricted access to the premises for authorised customers and staff. The Sub- Committee noted that the Applicant was happy to work with the Police to prevent any antisocial behaviour, and to ensure the licensing objectives are not undermined.   The Sub-Committee took into consideration the procedures in place to control the premises, the improved security, the reduced hours, and the low strength alcohol which will help the premises operate responsibly.   The Sub-Committee noted the hours are within core hours (Policy LP3) there were no objections from the other Responsible Authorities. The Sub- Committee noted the Police were satisfied with the Applicants proposals and the conditions on the premises licence.   The Sub-Committee took into consideration the representations from five local residents, and their objections were taken into consideration. The Sub- Committee was satisfied that the Applicant agreed to conditions for smoking, waste and keeping the area outside of the premises clean. The Sub- Committee noted two large bins are regularly collected from the premises. The Sub-Committee took into account that the maximum capacity is 60 people in any one day, and smokers are encouraged to smoke away from the building or to smoke in the front of the yard next to the premises.   The Sub-Committee took into consideration that the Applicant is an experienced operator. The Sub-Committee felt only aluminium cans not glasses are safer. The Sub-Committee felt the premises Dispersal Policy, and the fact that no spirits will be served on the premises will prevent customers from causing a nuisance. The Sub-Committee took into account that the premises will not be open to the public, and that there are security measures in place with restricted access. This will make it safer and will avoid public nuisance issues. The above conditions gave the Sub-Committee assurances that the licensing objectives would not be undermined.   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 the Responsible Authorities to prevent any public nuisance or negative impact in the area.