Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 17, 2024

Purpose:

Content: 6.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer (acting). The application was seeking a premises licence to authorise the supply of late night refreshment and the supply of alcohol for consumption on the premises from Monday to Sunday. There were no representations from the Responsible authorities. Representations from Other Persons had been made by 2 people.   6.2  During the course of the meeting there was a discussion where a number   of points were raised including the following:   ·  The Solicitor for the Applicant noted there were no objections from Responsible Authorities. ·  The venue was a sitdown restaurant with alcohol served with food at tables. ·  There was no music as a primary activity at the premises. ·  The premises had been open for a month trading on Temporary Event Notices(TENs) without any complaints. ·  Off-sales had been sought in the application which related to the delivery service. The Applicant agreed to a condition that all alcohol off-sales had to be in sealed containers. ·  The outdoor seating was 40 covers with potential for growth. ·  Written Representations from Other Persons unable to attend the hearing were to be considered in the deliberations by the Sub-committee. ·  The Applicant agreed to retain conditions 17-20 as they had a noise limiter that was set to a maximum  of 85 DBs. ·  The Applicant agreed to reduce waste collection times to 8.00am -8.00pm. ·  Deliveries were brought to the premises on hand trucks from a designated delivery area. Delivery drivers were also required to park in the designated area and walk to the premises. ·  It was suggested by the Applicant that there were approximately 300 external covers in the vicinity from other premises. ·  There was a designated communal smoking area designed by the developer located in the plaza managed by security. ·  The applicant indicated they had engaged with local residents. ·  There was significant security provided by the developer to ensure that takeaway customers caused no nuisance to residents in the area. ·  It was noted that the Other Person, B1, had requested via email that the Other Person present for agenda item 7 be allowed to represent B1 for this item. It was noted that B1 sent apologies. ·  The Other Person was given the opportunity to speak on behalf of Other Person B1. ·  It was noted that there was cumulative impact that resulted from the operation of premises at the base of Principal Tower. ·  Concern noted regarding the potential nuisance from takeaway alcohol. ·  It was proposed that a condition be added to the application that the licence was attached to this Applicant only. ·  It was suggested that this area was a gateway into Shoreditch and set the tone for businesses in the area. ·  The Applicant’s Solicitor noted that it was not lawful for the Sub-Committee to consider what may happen in the future; the application was to be considered on its own merits. It was not lawful to condition a licence to a specific business or individual. It was suggested that a ‘no vertical drinking’ clause may be considered as part of an already proposed condition. ·  The Applicant Solicitor agreed to a no vertical drinking clause in the proposed conditions, however did not agree to alcohol being served with substantial food condition. ·  The premises had operated for a month with external seating for 40 people without any complaint. ·  The Applicant Solicitor agreed to a condition that there shall be table service at all times to the external area. ·  It was proposed that the policy related to chairs and tables in outside areas to 10.00pm be a condition for this application.   In closing remarks the following was noted:   ·  The Applicant agreed to the proposal that the external seating area was closed at 10.00pm on Sunday to Thursday evenings. ·  The Applicant Solicitor proposed that the Sub-committee considered an 11.00pm closure of the outdoor area for Friday and Saturday evening. ·  The significant number of residential premises above the Applicant premises was noted.   The Decision:   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 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 at the premises, shall be, as set out in the Licensing report   ·  Remove Recorded Music from the Application.   ·  Remove condition 21 from the Premises Licence. ·  Amend condition 23 as follows:   "No collections of waste or recycling materials including the movement of glass bottles within or from the premises shall take place between 20:00 and 08:00 ". ·  Amend condition 31 as follows:   " All windows and external doors (excluding the front door at street level) shall be kept closed when regulated entertainment is in operation before 08:00 and 21:00 hours except for immediate access and egress of person".   And the following conditions:   ·  No vertical drinking shall be permitted on the premises and in the external area.   ·  Alcohol shall be served by table service in the external area.   ·  The external area shall close at 22:00 each day.   ·  Any alcohol sold or supplied for consumption off the premises must be in sealed containers.   Reasons for the decision   The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.   The Sub-committee took into consideration that the Environmental Protection Team had withdrawn their objection following the removal of recorded music from the application. The Sub-committee took into consideration that the Applicant agreed to a condition with the Environmental Enforcement Team which resulted in them withdrawing their objection to the application. The Sub-committee noted there were no other objections from the other Responsible Authorities.   The Sub-committee took into consideration that there were three objections made against the application from local residents on the grounds of the four licensing objectives. However, subsequently one of the local residents agreed to a condition and withdrew their objection before the hearing leaving two objections remaining from local residents.   The Sub-committee took into consideration that the premises would not operate late at night, and had been operating using Temporary Event Notices without incident for more than one month. The Sub-committee took into account that the premises is a food led premises and alcohol was not the main focus.   The Sub-committee took into consideration that there will be no vertical drinking on the premises and that there will be 40 covers served in the outside area of the premises. The Sub-committee took into account that off-sales will be sold as boxes of wine to residents, and takeaway orders with alcohol will be sold in sealed containers.   The Sub-committee noted that the premises has a noise limiter, a designated delivery area, and delivery drivers cannot cycle into Principal Place. They have to walk to the premises to collect orders which will reduce any negative impact on the area. The Sub-commitment took into consideration that there would be a smoking area outside of the premises which would be monitored by security staff.   The Applicant made representations that they were monitoring any public nuisance and noise nuisance at the premises and that they had engaged with local residents. The Sub-committee took into account that the Applicant is an experienced operator with 15 years of experience operating three similar premises.   The Sub-committee took into account the local residents' representations to close the outside terrace to prevent noise nuisance that will affect local residents, and families living above the premises. The Sub-committee took into consideration that a large number of local residents were living above the premises.   The Sub-committee felt reassured by the conditions agreed by the Applicant including that table service would be provided to all external areas of the premises, and that off-sales of alcohol will be sold in sealed containers.   The Sub-committee took into consideration that each application is considered on its own merits.   Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this premises licence the licensing objectives would not be undermined.   Public Informative   1.  The Premises Licence Holder is encouraged to continue working with local residents and Responsible Authorities to prevent any public nuisance or negative impact in the area.   2.  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 to protect the local area, to prevent litter, and to protect the environment.    Your right to appeal   If you are aggrieved by any term, condition or restriction attached to this decision, you have the right to appeal to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days of the date you receive this written decision.     The meeting was adjourned at 2.50pm to allow the Sub-Committee to deliberate on agenda item 6 as Cllr Lufkin had recused himself from agenda item 7 as he had declared an interest in that item.   The meeting reconvened at 3.00pm.