Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: January 14, 2025

Purpose:

Content: The decision   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, to allow authorisation for the provision of late night refreshment on Friday to Saturday, 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 for licensable activities, shall be, as agreed:   Late Night Refreshment   Friday - Saturday  23:00 - 01:00   Opening Hours of the premises   Monday - Thursday 12:00 - 23:00 Friday - Saturday  12:00 - 01:00 Sunday    10:00 - 23:00   And the following agreed conditions to be added to the premises licence:   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 Hoxton Chicken & Pizza. 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.  The minimum number of staff present at the premises shall be 4.   8.  The Licence holder to submit a Delivery Management Plan to the Licensing Authority.   9.  A comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer shall be maintained. All public areas, entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of the Police or authorised officer.     10.A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police or an authorised officer of Hackney Borough Council recent data or footage with the absolute minimum of delay when requested.   11.An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following: ·  all crimes reported to the venue ·  any complaints received ·  any incidents of disorder ·  any faults in the CCTV system ·  any refusal of the sale of alcohol ·  any visit by a relevant authority or emergency service.   12.There shall be clear and prominent signage asking all customers to leave quietly and respect local residents.   13.All instances of crime or disorder to be reported by a responsible member of staff to an agreed police contact point, as agreed with the Police.   Reasons for the decision   The application 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 the submission from the Applicant who explained that they had applied for a new premises licence to extend their opening hours in order to sustain their business. They previously had a licence and had good trade but currently were reliant on day time business which was limited. The Applicant explained their previous late night licence had lapsed and they needed the new licence to operate later to secure further business;   The Sub-Committee took into account the representations from the Responsible Authorities, Environmental Enforcement, the Licensing Authority, and the Police. Environmental Enforcement had made a written submission and they had submitted six conditions, which the Applicant confirmed that they accepted.   The Sub-Committee noted the concerns of the Licensing Authority and the Police about the premises being very close to Shoreditch and the hours applied for were beyond Policy LP3. The Police remained concerned as the premises were close to the main night-time economy area and would disturb residents. The Police were concerned that opening very late in a densely populated residential area would cause anti-social behaviour. The Police believed the Applicant was familiar and aware of their duties under the licensing regime and had not engaged with them. The Licensing Authority reiterated similar concerns about the proposed hours, the premises’ proximity to residential properties and the impact on people living in the area.   The Sub-Committee took into consideration a submission from an Other Person, (a local resident), who, though sympathetic to the Applicant’s position, highlighted that the premises' shutters caused a lot of noise when closing. The extended hours would awaken neighbours and affect sleep. It would also attract nearby Shoreditch late night revellers to come to the area which was already noisy and pose a risk to public safety. The Other Person explained they would be amenable to the licence being limited to 01:00, but 04:00 would be too late. The Sub-Committee noted that the Other Person had not made any complaints in the past, as some noise was expected living on Hoxton Street. The Sub-Committee also took into consideration that the issue of noise emanating from the shutters had not been raised with the Applicant.   The Sub-Committee, after hearing all the representations from the various parties at the hearing, and also taking into account their written submissions, as set out in the published application report, had decided to grant Friday and Saturday until 01:00.   The Sub-Committee felt that based on the evidence in the hearing the operation of the premises would not undermine the licensing objectives.   Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting this premises licence, the licensing objectives would be promoted.