The Licensing Sub Committee B of Hackney Council scheduled a meeting to discuss licensing applications for premises in the borough. The Sub-Committee was expected to consider applications for a premises licence for 331 Wick Road and to vary a premises licence for Papa John's, 32a Eastway. The meeting was also scheduled to cover temporary event notices.

Licensing Sub-Committee Hearing Procedure

The meeting was scheduled to follow the procedure for licensing sub-committee hearings under the Licensing Act 2003. According to the agenda, the procedure involves:

• The appointment of a chair
• An outline of the report by the Licensing Officer
• Presentations from the applicant, responsible authorities, and other persons
• A discussion led by the chair
• Closing remarks
• A final opportunity for clarification
• Consideration of the evidence by the sub-committee
• Announcement of the decision by the chair

Premises Licence - 331 Wick Road

Johal Properties (London) Ltd applied for a premises licence for 331 Wick Road, Hackney, E9 5DH. The applicant was seeking authorisation for:

• Films: Friday 11:00-00:00, Saturday 11:00-00:00
• Live Music: Friday 23:00-00:00, Saturday 23:00-00:00
• Recorded Music: Friday 23:00-00:00, Saturday 23:00-00:00
• Supply of Alcohol (On and Off-sales): Monday to Sunday 11:00-23:30
• Late Night Refreshment: Monday to Sunday 23:00-23:30
• Opening Hours: Monday to Thursday 07:30-00:00, Friday and Saturday 07:30-01:00, Sunday 11:00-00:00

The report pack notes that the current premises licence was granted on 6 February 2006.

Two representations from local residents were received, citing concerns regarding:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

The report pack included a representation from a local resident who objected to the application for a freeholder licence, stating that it does not support the licensing objectives. The resident also claimed that the plan attached to the application, which shows an area for licensable activities, is incorrect and that the freeholders do not own any land south of the brickwork of the pub. The resident attached a Hackney Council document that they claimed showed the actual land ownership.

The resident also raised concerns about a second licence potentially confusing Hackney Licensing and the Police, and providing the freeholder with a get out of jail free card if something goes wrong with the original licence. They cited a case in Newham where the same freeholders successfully held on to a second licence at a premises despite awful incidents and lack of duty of care, and included an article from The Evening Standard about a nightclub licence being rejected after two women were allegedly raped after leaving the venue.

If the Sub-Committee was minded to approve the application, the Licensing Officer recommended a number of conditions be applied to the licence, including that:

• No supply of alcohol may be made when there is no designated premises supervisor¹
• Every supply of alcohol must be made or authorised by a person who holds a personal licence²
• The responsible person must ensure that staff do not carry out any irresponsible promotions³
• Free potable water is provided on request
• An age verification policy is adopted
• Minimum drinks pricing is adhered to
• Admission of children to film exhibitions is restricted
• Door supervisors are licensed by the Security Industry Authority⁴
• A minimum of two SIA registered door supervisors are on duty from 20:00 until 01:30 on every Friday and Saturday night
• CCTV is installed, operated and maintained in agreement with the Police
• A staff member is conversant with the operation of the CCTV System at all times
• Clear notices are displayed warning customers of the need to guard their property
• Safety checks are carried out before the admission of the public
• All exit routes are kept unobstructed
• Adequate first aid equipment is available
• Staff are trained to carry out crowd dispersal
• A noise consultant is appointed if complaints are received
• A policy is devised for loading and unloading equipment
• A dedicated taxi/mini cab service is available
• Refuse is placed into receptacles at times that minimise disturbance
• Staff ask for accredited proof of age cards
• Staff are trained about age restricted products
• The premises displays contact details of the Designated Premises Supervisor
• Staff are given refresher training every twelve months
• Staff regularly monitor young persons asking for alcohol
• Sound limiting devices are installed
• A written dispersal policy is in place
• No regulated entertainment takes place in any external area
• Emptying of glass bottles does not take place between 23:00 and 08:00
• Windows and doors are kept closed when regulated entertainment takes place
• Notices are displayed reminding customers to respect local residents
• The contact details of persons in charge are displayed
• The relevant deregulated conditions are imposed, restricting noise, music and any relevant entertainment
• The use of external areas is capped at 40 patrons
• The external areas are closed at specified times
• The smoking area is limited to no more than 10 patrons after specified times
• The beer gardens do not exceed the curtilage for the demise of the premises

Vary a Premises Licence - Papa John's, 32a Eastway

Eastend Pizza Ltd applied to vary a premises licence for Papa John's, 32a Eastway, London, E9 5JB. The applicant was seeking to extend the hours for late night refreshment to 05:00 every day.

Three representations from local residents were received, citing concerns regarding:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

The Licensing Authority also submitted a representation, noting that the hours sought were in excess of the LP3 Core Hours set out in the Council's licensing policy⁵. The Licensing Authority stated that the applicant had offered no additional conditions or mitigations in support of the extended hours sought, and that the premises is located in close proximity to residential flats, which may undermine the promotion of the licensing objectives. The Licensing Authority requested evidence of the current planning status of the premises, and asked whether the applicant would consider reducing the hours sought or restricting the operation to delivery only after a specified time.

The report pack included a representation from Wick Ward councillors who objected to the application, stating that the premises are in a residential area and that the application would undermine the licensing objective of prevention of public nuisance.

The report pack also included a representation from a local resident who objected to the application, stating that it would clearly create public nuisance. The resident claimed that the premises is limited by conditions in its planning permission, and cited a Planning Officer's Report that stated that it was necessary to limit the hours of use given the proximity of residential uses. The resident also cited the Hackney Licensing Policy core hours, and stated that the existing hours of 01:00 (02:00 on Friday and Saturday nights) are already way beyond policy.

Another local resident objected to the application to extend opening hours until 5AM on public and noise nuisance grounds, stating that the area is residential with numerous flats overlooking the pizza shop, and that there are only 3 other retail outlets which all close by midnight. The resident also stated that the bus stop on the weekends is already quite horrible and stops them getting much sleep.

The Police representation had been withdrawn following discussion with the applicant.

No additional conditions had been proposed by the applicant or responsible authorities.