Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 1, 2025

Purpose:

Content: The decision   The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing today 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 to vary 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, with the following amendments:   ? The hours for licensable activities, shall be:   Plays   Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Films   Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Indoor Sporting Events    Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Live Music   Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Recorded Music    Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Performance of Dance   Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Anything of a Similar Nature     Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Late Night Refreshment   Ground Floor Area 1 (Earth Hall)   Friday   23:00 - 05:00 Saturday  23:00 - 05:00   Supply of Alcohol (On the premises)   Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 05:00 Saturday  10:00 - 05:00   Supply of Alcohol (Off the premises)   Ground Floor Area 1 (Earth Hall)   Friday   10:00 - 23:00 Saturday  10:00 - 23:00   Opening Hours   Ground Floor Area 1 (Earth Hall)   Friday   08:00 - 05:30 Saturday  08:00 - 05:30   ?And the following conditions to be added to the premises licence:    ·  Condition 44(iii) will be amended and read as follows:   “The maximum number of persons permitted on the premises at any one time shall not exceed:   i) Area 1: 1200 persons (excluding staff) ii) Restaurant and bar: 300 persons (excluding staff) iii) Area 3 Theatre: 750 persons (excluding staff)”   ·  Condition 36 will be amended and read as follows:   “There shall be no customer entry to the premises after 02:00”   ·  There shall be no loading or unloading of musical equipment between 00:00 and 08:00.   ·  A revised Dispersal Policy shall be submitted to the Licensing Authority before the variation hours commence.   ·  A revised Queueing Policy shall be submitted to the Licensing Authority before the variation hours commence.   Reasons for the decision   The application to vary this premises licence has been approved subject to the above conditions, because members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined in the Dalston Special Consideration Area.   The Sub-Committee took into account that the Environmental Protection Service and the Police withdrew their representations, and they agreed conditions with the Premises Licence Holder in advance of the hearing.     The Sub-Committee took into account that the Licensing Authority made representations on the grounds of public nuisance. It was noted that no other Responsible Authority made representations.   The Sub-Committee took into account that there were 211 representations from Other Persons. The Sub-Committee took into consideration that 200 representations supported the application, including local residents, businesses, and cultural institutions, and 11 representations from local residents objected to the application.   The Sub-Committee took into consideration the Premises Licence Holder’s legal representative made representations that the premises is a unique venue that has hosted over half a million people for diverse theatre, arts, music, and education. The Premises Licence Holder’s legal representative contended that the proposed changes would promote attendance in arts and cultural performances and allow for an earlier live music show followed by subsequent multidisciplinary events and more controlled dispersal. The Premises Licence Holder takes feedback very seriously and is willing to work with the Licensing Authority to improve.   The Sub-Committee took into consideration that the concerns raised by the local resident were addressed by the Premises Licence Holder who met with the local resident.   The Sub-Committee heard representations from a local resident of 25 years, who spoke in support of the premises, acknowledging the valid concerns of residents, however, sharing their own positive experiences. They expressed that the premises had a positive impact on the area, rejuvenated and provided a well-run premises attracting diverse crowds. Also the premises had culturally enriched the area and made it safer.   The Sub-Committee heard the Licensing Authority’s representations about the negative impact on the area and on local residents. The Licensing Authority made representations that the premises need to look at the concerns raised by the local residents, and to make the necessary improvements to prevent a disturbance and any noise nuisance late at night.   The Sub-Committee heard representations from local residents who objected to the application that residents should not have their sleep disturbed. The local resident made representations that dispersals posed public safety risks, with large groups spilling into the road, and highlighted that extending hours would exacerbate cumulative impact in the Dalston Special Consideration Area.     The Sub-Committee took into consideration that a local resident made representations that by extending the hours to 5 am it would have an impact on the area and that people will be loitering outside of the premises causing a disturbance to local residence, and there would be no control over the music as they have no sound limiter.   The Sub-Committee noted that the Premises Licence Holder made representations that they do have soundproofing throughout the premises and work with local residents to prevent noise nuisance.   The Sub-Committee, after hearing from the Applicant, the Applicant’s legal representative, the Licensing Authority, and the Other Persons, was satisfied that the premises would not have a negative impact in the Dalston Special Consideration Area. The Sub-Committee felt the conditions in place would mitigate negative impacts. The Premises Licence Holder and their legal representative demonstrated that premises promote good dispersal techniques and promote the licensing objectives. The Sub-Committee took into consideration that the Premises Licence Holder is familiar with the Dalston Special Consideration Area.    The Sub-Committee took into consideration that the variation would have stricter conditions for the premises to comply with. The Sub-Committee was satisfied that public transport was sufficient at that time of night. The Sub-Committee noted that the Police did not make a representation.   The Sub-Committee felt that a policy for queueing and SIA security supervising would result in a more controlled dispersal outside. Also it would prevent antisocial behaviour and disorderly crowds both going in and out of the premises.   The Sub-Committee took into account that the premises do not allow drunken customers in and customers will not be permitted bring drinks onto the premises   The Sub-Committee felt that the SIA needed to extend to at least 20 minutes after closing to assist with dispersal from the premises.     The Sub-Committee felt the premises license holder has a proven and good track record and is a responsible operator. The Sub-Committee noted that the Premises Licence holder is willing to work with the Licensing Authority and local residents to resolve issues and make improvements.     Having taken all the above factors into consideration, the Sub-Committee was satisfied that by granting the variation to this premises licence, the licensing objectives would continue to be promoted in the Special Consideration Area.   Public Informative     1. The Premises Licence Holder 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 encouraged to engage in meaningful dialogue with the local residents to resolve any issues relating to the premises, and for the Premises Licence holder to play their part in reducing any impacts of noise emanating from the premises.   4.  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.