Decision Maker: Licensing Sub Committee E

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 21, 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 variation to 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 of licensable activities:   Plays   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00   Films   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00   Indoor Sporting Events   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00   Live Music   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00   Recorded Music   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00   Performance of Dance   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00   Anything of a similar description   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 06:00 Saturday   10:00 - 06:00 Sunday   10:00 - 22:00     Late Night Refreshment   Friday   23:00 - 06:00 Saturday   23:00 - 06:00   Supply of Alcohol (On Premises)   Monday   10:00 - 22:00 Tuesday   10:00 - 22:00 Wednesday   10:00 - 22:00 Thursday   10:00 - 22:00 Friday   10:00 - 04:00 Saturday   10:00 - 04:00 Sunday   10:00 - 22:00     The Opening hours of the premises   Monday   08:00 - 22:30 Tuesday   08:00 - 22:30 Wednesday   08:00 - 22:30 Thursday   08:00 - 22:30 Friday   08:00 - 06:30 Saturday   08:00 - 06:30 Sunday   08:00 - 22:30       And the following conditions to be added to the premises licence:   ·  The maximum number of persons allowed at the premises shall not exceed 800 at any one time.   ·  The Premises Licence Holder shall provide traffic marshalls to manage vehicles associated with the premises.   Reasons for the decision   The application for a variation to a premises licence has been approved as the Licensing Sub-Committee is satisfied that the licensing objectives would not be undermined.   The Licensing Sub-Committee took into consideration submissions from the Applicant, Responsible Authorities (Licensing Authority and the Police) and Other Persons, who had made representations in support and also in objection to the application.   The Sub-Committee took into account representations from the Licensing Authority and the Police on the grounds of the Prevention of Crime and Disorder and The Prevention of Public Nuisance. The Police appreciated that the venue has run many Temporary Event Notices (TENs) over the last 12 months and more, however only a small number of these have been until 06:00hrs, with the vast majority finishing at 04:00hrs. Having a permanent licence to finish at 06:00hrs every Friday and Saturday night is a different proposition, which could impact the residents. In subsequent correspondence from the Police, as they were unable to attend the hearing, following submissions on behalf of the Applicant the Police believed the issue of timings applied for has been clarified. On the potential impact on local residents the Police in their experience would be down to dispersal, management of Uber drivers and associated anti-social behaviour that has included Nitrous Oxide sellers and a food van. The Police noted that the Applicant had submitted a Traffic Management Plan and the Police commented that this plan addresses concerns and shows ways in which the premises will mitigate any impact on the residents. Police were content that this plan was both comprehensive and thorough enough to minimise any impact on the residents.   The Licensing Authority in their submission had sought clarification regarding the hours sought as they differ from those outlined in the information pack. The Licensing Authority noted that the Applicant has offered no additional conditions or mitigations in support of the extended hours sought. The Licensing Authority also highlighted that the Applicant makes reference to TENs as a justification for the proposed extension. The Licensing Authority welcomed the operation of TEN’s with no issue, however, the operation of a TEN was different from a premises licence. The Licensing Authority was also concerned about the premises being in close proximity to residential premises. Extending the authorisation of licensable activity to the hours sought may place the licensing objectives at risk of being undermined. The Licensing Authority highlighted that traffic marshals employed by the premises lacked formal enforcement powers, meaning issues not resolved informally would fall to authorities like parking services or the Police. The Licensing Authority recommended that the Applicant should provide evidence of the current Planning status of the premises, in accordance with LP5 Planning Status. Would the hours sought for opening/operation be in keeping with the current Planning status of the premises.   The Sub-Committee noted from the Premises Licence Holder’s written submission that they were not seeking a blanket increase in hours. They considered their proposal to be proportionate and targeted: a 6:00 AM close on Friday and Saturday nights only, with all other days remaining as per their current premises licence. The Premises Licence Holder had also indicated in their written submission that they were willing to accept a trial period and work collaboratively with the Responsible Authorities and local residents to ensure ongoing compliance.   The Sub-Committee also noted that over the past 12 months, the Applicant operated 38 TENs with closing times of up to 6:00AM. All events were fully compliant with the licensing conditions and there is no evidence of complaints or recorded incidents from local residents or the Responsible Authorities.   On the issue of the planning status, the Applicant at the hearing said that there had been no complaints from planning regarding non-compliance throughout the 15 years the business has been running, even with extended hours and TENs.  On the dispersal of patrons, they explained that when patrons leave, they exit through a linked passage onto a public highway, where a marshal guides them away from residential flats to designated pickup points for cabs, working with Uber to set a standard pickup point on their private land. They also added that body camera footage, would be treated as CCTV footage, would be retained for 31 days, and could be requested by the police, with commitment to actively forwarding intelligence on illegal activities to the Police.   The Applicant highlighted that while the license allowed for up to 1,000 people, a regular single-room event typically saw 200-250 attendees. On community engagement by the venue, the Licensing Sub-Committee noted that the Applicant had garnered several letters of support, there is also a direct line to the venue at any given time if local residents wished to raise any issues. It is also noted that the Applicant held quarterly meetings with local residents.   The Licensing Sub-Committee took into account that the Applicant had offered a number of additional concessions which were to close one room at 04:00 am and another at 5:00 am. Addressing Sub-Committee members concerns about crowd sizes. The Applicant had suggested that staggering the venue capacity could be imposed as a condition.   The Sub-Committee took into consideration representation from one Other Person speaking in support of the application. In their written submission, they were not in attendance at the hearing, that they had cited how the venue is professionally run and held well-managed events, had respectful crowds, and consisted of a team on site that cared about the artists and community.   The Sub-Committee took into account a representation from a Hackney Ward Councillor speaking on behalf of local residents objecting to the application. They objected to the application on the grounds of the Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and The Protection of Children from Harm. They highlighted that residential dwellings were nearby who would be affected by late night revellers arriving and leaving the premises if the variation to the premises licence is approved. During the hearing the Other Person expressed strong opposition to the extended Friday and Saturday hours, deeming them too late and preferring the application to be refused. They echoed the Licensing Authority’s point that a permanent licence is different from a TEN and they highlighted the Police's concern about the potential impact on local residents.   The Sub-Committee noted from the Other Person that they had not received from local residents’ complaints specific to the premises' operation. The complaints had been about general noise in the area from 23:00 to 01:00.   Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting the variation of the premises licence that the licensing objectives would continue to be promoted.   Public Informative   1.   The Applicant is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.   2.  It also should be noted for the public record that the local planning authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.   3.   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.