Decision Maker: Licensing Sub Committee D

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 1, 2025

Purpose:

Content: RESOLVED:   Application for a Premises Licence – Basement, 201-203 Hackney Road, London E2 8JL - APPROVAL   The decision of 1st October 2025   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 and the proposed conditions set out in paragraph 8.1 of the report.   ·  The hours of licensable activity     Late Night Refreshment   Friday - Saturday  23:00 - 00:00   Supply of Alcohol (On the Premises)   Monday - Thursday 11:00 - 23:00 Friday - Saturday  11:00 - 00:00 Sunday  10:00 - 22:30   Opening hours   Monday - Thursday 10:00 - 23:30 Friday - Saturday  10:00 - 00:30 Sunday  10:00 - 23:00   ·  ?Remove regulated entertainment and recorded music. ·  The following condition will be amended and read as follows:   ?"No more than 6 individuals will be allowed in the smoking area?"   And the following conditions will be added to the premises licence:   1.  The premises shall maintain a comprehensive CCTV system as per the minimum  requirements of a Metropolitan Police Crime Prevention Officer. 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 with minimal delay upon the request  of Police or authorised officer. 2.  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. 3.  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. 4.  Notices will be displayed at the entrance of the premises, and in prominent positions  throughout the premises, advising that CCTV is in operations. 5.  Where the sale or supply of alcohol is taking place employees of the premises must  request sight of evidence of the age of any person appearing to be under 25 years of age  (Challenge 25). Such evidence may include a driving licence or passport. 6.  The premises will display and maintain appropriate signage advising customers of the  contact details of the Designated Premises Supervisor. 7.  All staff will be given refresher training every six months on the legislation relating to the  sales of alcohol to underage persons and drunken persons. Written records of this  training shall be kept on the premises and produced to police or other authorised officer  upon request. 8.  No super-strength beer, lagers, ciders or spirit mixtures of 6.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans. 9.  Clear and prominent notices shall be displayed and maintained at all exits in a place  where they can be seen and easily read by customers, requiring customers to leave the premises and the area quietly. 10.All tills shall automatically prompt staff to ask for age verification identification when  presented with an alcoholic sale item. 11.The maximum number of guests allowed with a member is 3.  The guests will also be required to show appropriate ID upon entry with the member. 12.Entry to the premises will be controlled by a door entry system with  CCTV coverage. 13.No persons will be allowed to take  alcoholic drinks outside the premises or into the smoking area.   Environmental Enforcement Conditions:   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 where it  can be conveniently seen and read by persons standing in 201-203 Hackney  Road, London E2 8JL. 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   Conditions added by the Licensing Sub-Committee:   ·  The premises shall at all times operate as a snooker club.   ·  A qualified Acoustic Consultant, who is a member of the Institute of Acoustics (loA) or other similar professional body, should be appointed by the applicant to undertake a full acoustic survey of the site, before the commencement of regulated entertainment, to determine the maximum music noise levels and noise levels from patrons. These levels should be such as not to cause a noise nuisance in the nearest noise sensitive premises during the provision of regulated entertainment. The acoustic survey should be followed by a comprehensive acoustic report outlining the survey's methodology, established music noise levels, all nearest noise sensitive premises and all recommended noise mitigation measures to be implemented when regulated entertainment is taking place. The acoustic report should be submitted to the Local Authority’s Environmental Protection Service. All the recommendations within the report must be implemented prior to the regulated entertainment taking place.   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 account that the Police and Environmental Enforcement agreed conditions with the Applicant and withdrew their representations before the hearing.   The Sub-Committee took into account that the Licensing Authority maintained their objection and 8 representations were made from Other Persons (local residents) objecting to the application.   The Sub-Committee took into consideration the Applicant’s representations made by their representative that they were operating within Class E which was the lawful planning use for the premises.   The Sub-Committee heard that the Applicant is a personal licence holder, and has a great deal of experience at other premises in Hackney and Islington.   The Sub-Committee took into consideration the Applicant’s representations  that the premises will require membership to be paid for one year. The Applicant will monitor the use by each member and take any action if they fail to comply with the conditions of membership. The Sub-Committee noted all members of the snooker club will be registered and they will have ID.   The Sub-Committee took into consideration the Applicant’s representations  that one of the conditions of the membership is that a member can bring up to 3 guests to the premises at any one time. If there is any breach of the membership, they will give a warning before removing the membership from the member. The Applicant’s representative contended that there were a number of CCTV cameras around the premises that cover all of the areas outside. This would ensure safety of members and local residents.   The Sub-Committee heard representations from the Applicant’s representative that private events will be risk assessed. The Applicant made representations that the premises is a snooker club and not a nightclub. It was noted that the Applicant’s other business, a shop above the snooker club does make a good contribution to the area. The Sub-Committee took into consideration the local residents' representations that there was no consultation with local residents for extending the use of the outdoor area. The local residents were concerned that the late night hours will have a negative impact on the area. The Sub-Committee noted that the local residents felt that the Applicant had not demonstrated that they would not add to the cumulative impact in the area and there were no mitigating circumstances as to why they needed to operate a snooker premises until 03:00.   The Sub-Committee took into account the representations from local  residents that they would be affected by the noise late at night, and there was a safety risk with members dispersing late at night. The Sub-Committee noted local residents were concerned that there were no sound limiters at the premises, and that 70 people would be dispersing from the premises late at night.   The Sub-Committee noted that the local residents after hearing from the Applicant still maintained their objections because they had concerns about noise, safety and dispersal from the premises.   The Sub-Committee heard representations from the Licensing Authority that they welcomed some of the concessions made by the Applicant. However they still have concerns about the impact on the area, and the hours of the premises.   The Sub-Committee after considering the representations from the parties decided to grant the premises licence with core hours because it is in a residential area. The Sub-Committee took into account that the Applicant made concessions to overcome and mitigate the concerns about the premises including the removal of regulated entertainment and recorded music from the application.   The Sub-Committee had concerns for the well-being and safety of local residents in the area and concerns about public safety for women and neighbours. They were concerned about incidents in the area. The Sub-Committee felt that any snooker cues must be kept under a lock and key to ensure public safety.   The Sub-Committee felt that the premises need to demonstrate that they will not have a negative impact on the residential area. Although the Applicant is an experienced operator with other premises, they had concerns about how the premises would be operated late at night in a residential area. Therefore, they were only prepared to grant this application with reduced hours.   The Sub-Committee took into account that the Applicant agreed to join the Hackney Nights to provide Ask Angela and WAVE training and other training to staff to help the premises operate responsibly.   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   1.  Any snooker cues must be kept under lock and key. 2.  The Premises Licence Holder is advised to undertake staff training including: Ask For Angela, WAVE training and other training to ensure that the premises operate safely and responsibly. 3.  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. 4.  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. 5.  The Premises Licence Holder is encouraged to engage in dialogue with the local residents to resolve any issues relating to noise emanating from the premises. 6.  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.     6.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer.  This was an application for a premises licence for regulated entertainment, late night refreshment and to authorise supply of alcohol for consumption on the premises. The Police and Environmental Enforcement had withdrawn representations based on agreed conditions.   6.2  During the course of the meeting there was a discussion where a number of points were raised which included the following:   ·  An additional submission was received and circulated to Councillors from the Applicant. This included the noise assessment report, pictures, and conditions agreed with the Police and Environmental Enforcement. ·  The Applicant Agent noted the Applicant was an experienced licenceholder and nightclub operator in the borough and neighbouring boroughs and was the licence holder for the ground floor premises at this application address. ·  The proposed hours for regulated entertainment were based on pre-booking for customers. ·  The Applicant Agent indicated that all customers were required to be members or guests of members, to a maximum of 3. ·  Membership was an annual subscription of £15. ·  The Applicant noted a number of conditions had been agreed with the police and Environmental Enforcement which included CCTV, incident log, and risk assessment for door supervisors. The Applicant adopted the Challenge 25 policy. ·  The Applicant Agent suggested the noise impact assessment indicated there was no noise leakage from the premises ·  The Applicant Agent indicated that in response to representations from Other Persons the Applicant had addressed concerns raised through control measures agreed with the police and Environmental Enforcement. ·  The Applicant Agent noted there were robust conditions agreed to enable the Applicant to engage with residents if any issues arose as a result of the operation of the premises. ·  The Licensing Authority representation welcomed the conditions agreed by the Applicant with the Police and Environmental Enforcement. ·  The Licensing Authority considered the hours proposed were too far in excess of LP3 core hours, to promote the licensing objectives. ·  The Licensing Authority noted they had not received any feedbank from the Applicant regarding last entry time proposals. ·  Photo identification was used to verify the identity of membership applicants. Individual Members were allowed up to 3 guests for an initial visit, after which guests had to apply for membership. ·  Members were given an initial warning if they had broken rules set out in the members' guidance. Any further breach resulted in membership being removed. ·  In response to clarification sought regarding private clubs the Licensing Authority noted the commercial nature of the premises was outside that of a private club certification. ·  Other Persons noted there had been no clear communication or engagement with residents. ·  Other Persons suggested the extension of late night activity at the premises with no outdoor space for customers led to potential groups congregating outside the venue and outside residential properties. This raised security concerns, risked confrontation between residents and customers at the premises, and increased the potential for disorder and anti-social behaviour. ·  Other Persons suggested that proposed hours were not in-keeping with other local licensed venues and the application lacked appropriate mitigation measures. ·  Concern was expressed regarding queueing, smoking, and that no sound tests had been undertaken in residential premises. ·  Concern was expressed that the premises were to be operated as a nightclub and annual membership of £15 was insufficient to control the numbers of customers at the premises. ·  Other Persons suggested the venue was being advertised as a sports viewing venue.   The Principal Licensing Officer shared the Google Streetview of the premises.   ·  Other Persons noted that smoke, from customers at the venue, had entered residential property through open windows. ·  Other Persons highlighted concerns about safety, nuisance and impact on the local community. ·  The proposed licensed hours were considered to be excessive and there was the potential for this venue to become a hotspot for late night drinking in the area, after other venues had closed. ·  It was noted that ashtrays outside the venue encouraged customers to congregate in that area. ·  The Applicant Agent indicated that the ashtrays' location was in accordance with the local authority’s instructions. It was suggested that there were safety considerations as the gas meters for the building were located at the entrance. ·  Other Persons noted there was no outdoor smoking area and customers congregated on the pavement. ·  Other Persons raised concerns about the noise test which was done during day time and tests had not been done in residential premises. ·  The Applicant Agent noted there were two television screens to watch sports. ·  Capacity as set out in the fire risk assessment of the venue was 70 people and the written dispersal plan was to be shared with the local authority. ·  There was no sound limiter at the premises. ·  Concern was expressed by the Sub-Committee regarding noise, smokers, and dispersal given the proposed hours. ·  The Applicant Agent noted that smokers outside the venue were limited to 10% of capacity. ·  The Applicant Agent noted there was a written dispersal policy that was to be circulated to the local authority. ·  It was highlighted that there were CCTV cameras outside the venue, to give residents reassurance, and was available for the police and local authority to review on request. ·  In terms of mitigations the Applicant Agent indicated the Applicant had experience from operating other premises in the area. ·  The Applicant Agent noted in mitigations to potential violence against women and girls (VAWG) that ‘Ask Angela’ and Welfare and Vulnerability Engagement (WAVE) training was to be introduced at the venue . ·  The Applicant Agent highlighted that customers were escorted to the smoking area. ·  Telephone contact details for the operator were to be displayed by the operator so they can be contacted if there were any issues that arose at the venue. ·  In response to the Chair’s concerns about the range of activities proposed which included private events and regulated entertainment the Applicant Agent noted that there was not a specified number of private events outlined in the business plan, however, the Applicant anticipated utilising up to 15 Temporary Event Notices (TENs) per year. ·  If there was a private event the snooker tables had to be removed offsite. ·  In response to concerns from the Chair that a noise limiter was required the Applicant Agent highlighted that the premises had been assessed by an acoustic company. ·  In response to the Licensing Authority highlighting concerns about how private events were to be operated given the Applicant had agreed conditions for member and guest entry, the Applicant Agent indicated that the Applicant proposed to utilise the TENS procedure.   There was a comfort break at 15.15 and the meeting resumed at 15.22.   ·  The Applicant Agent proposed reduced hours for the sale of alcohol (Sunday - Thursday 09:00-00:00, Friday - Saturday 09:00 -01:00). All other proposed licenseable activities remained, as set out in the application. ·  The Licensing Authority noted that the smoking area should ideally be in front of the premises to enable the operator to better manage customers who smoked. ·  The Applicant offered to reduce the number of smokers from 8 to 6 customers. ·  The Licensing Authority suggested that the provision for recorded music and regulated entertainment was not required to be on the licence as the Applicant proposed to use TENs for such events. ·  The Applicant Agent proposed the removal of regulated entertainment and recorded music from the application. ·  Other Persons welcomed the end time agreed for alcohol sales, however, concern was expressed that alcohol sales start at 9.00am and venue closing times remained the same. ·  Other Persons indicated that issues related to dispersal remained and there were concerns about alcohol being brought onto the premises. ·  The Applicant Agent noted that no alcohol was allowed to be brought into, or taken away from, the premises. ·  Other Persons noted concerns that the Applicant had not provided adequate reassurance regarding residents personal safety. ·  The Applicant Agent agreed to undertake WAVE training and any other schemes in the local area, in addition to ‘Ask Angela’. The front of the premises had CCTV coverage which provided reassurance in the event of any incident which occurred. ·  The Applicant Agent proposed a start time for alcohol sales of 11.00am daily. ·  Other Persons expressed concern about the robustness of the acoustic assessment report. The applicant agreed to the installation of a noise limiter. ·  The Applicant Agent, whilst noting that opening hours were not licensable, proposed opening at 10.00am each day to alleviate concerns. ·  The Applicant proposed premises closure at midnight on Sunday. ·  Other Persons noted that objections remained related to the proposed closing times. ·  It was noted that the venue had the opportunity to apply for up to 15 TENs per year under current legislation. The Principal Licensing Officer outlined the process for TENs applications noting that the public were not consulted as part of the process.   6.3  In closing remarks the following was noted:   ·  Other Persons noted the importance of a sound limiter to be installed to mitigate the potential for noise disturbance. ·  The movement on proposed hours was appreciated by Other Persons, however, noise issues and concern about dispersal remained. ·  The Applicant Agent noted the proposed concessions demonstrated the Applicant’s willingness to work with the local authority and residents. ·  The Applicant Agent refuted concerns about the validity of the acoustic report. ·  The Applicant confirmed that cue sticks were locked in an office when not in use. ·  The Licensing Authority welcomed the concessions offered. ·  The Licensing Authority considered that, if Members were minded to grant the application, it should be for core hours due to the concerns raised regarding cumulative impact and the prevention of public nuisance. ·  The Licensing Authority noted that the Applicant had the opportunity, after establishing a positive track record, to apply for a variation to the licence. ·  The Licensing Authority sought, if the Sub-Committee were minded to approve the application, closer alignment between the licensable activity and the closing time of the venue.