Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 29, 2024

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 Policy 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   Monday - Saturday  23:00 - 00:00   Opening Hours of the premises   Monday - Saturday  12:00 - 00:00   Sunday    12:00 - 23:00   And the following condition to be added to the premises licence:   Orders must be fulfilled by delivery to a commercial or residential address only. No orders can be made or collected by customers at the premises.   Reasons for the decision   The Sub-Committee took into account the submission from the Applicant who stated that electric scooters with no noise will be used for deliveries after 23:00 hours. The Applicant added that they did not use third-party delivery drivers.   The Sub-Committee took into consideration that in response to concerns about cooking odours the Applicant indicated they had extraction fans and filters which they indicated were cleaned and changed on a regular basis. The Sub-Committee noted that the Applicant had reduced the proposed hours to 02.00 hours on Sunday - Thursday.   The Sub-Committee took into consideration that Environmental Enforcement had withdrawn their representation prior to the hearing based on agreed conditions with the Applicant as set out in paragraph 8.1 of the application report.   The Sub-Committee took into consideration that the Police had also withdrawn their representation prior to the hearing based on amended hours as set out in paragraph 2.2, and agreed conditions.   The Sub-Committee took into account the Licensing Authority made representations on the grounds of the prevention of public nuisance. They raised concerns about the proposed hours going beyond Policy LP3 and that the Planning Permission restricts the operating hours.   The Sub-Committee felt in terms of public nuisance there were concerns with the hours after midnight that will result in issues occurring and adds to the potential disturbance to local residents.   The Sub-Committee heard representations from Other Persons, both local residents and a Hackney Ward Councillor. One local resident made representations on the grounds of public nuisance and crime and disorder in the area. They reside opposite a bus stop and they live on the first floor. They have disturbances late at night by drivers and customers.   The Sub-Committee also took into consideration representation from another Other Person, a Hackney Ward Councillor, who in their submission explained that with the best will in the world they will cause a disturbance late at night. Local residents' sleep will be affected and deliveries will make noise and cause a public nuisance. They felt that the Planning Permission is there for a reason and the hours should be complied with.   The Sub-Committee noted from another local resident, who made representations about the night-time noise, cooking fumes. They can only open their windows when the premises are closed. The local resident made representations that the planning permission should be complied with. The local resident made representations that this business does not need to operate late at night, and the food order together with the moped/scooter noise will cause a disturbance.   The Sub-Committee felt that the licensing authority made a strong case on the operating hours and the Sub-Committee took into consideration the permitted hours under the planning permission. The Sub-Committee felt that reducing the hours would prevent the licensing objectives being undermined.   The Sub-Committee took into consideration that the premises are in close proximity to local residents and that it will have a negative impact if the premises operated after midnight.   The Sub-Committee had concerns about the premises ability to control the public nuisance and in particular the food odours that are affecting local residents.   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.   Public Informative   1.  The Premises Licence Holder is encouraged to work with local residents and be proactive with resident engagement to prevent any public nuisance or negative impact in the area.   2.  The Sub-Committee heard and were concerned about allegations of odour nuisance and fume extraction negatively harming residents. The Premises Licence Holder is therefore advised to maintain a regular cleaning and maintenance schedule. Residents are also advised to report any odour nuisance to the Council's Environmental Protection Service who have powers to tackle odour nuisance under the Environmental Protection Act 1990.