The Licensing Sub-Committee B of Hackney Council convened to address a premises licence variation application for EartH, and to consider a standing item regarding temporary event notices. The sub-committee approved both the recommendations for the temporary event notices and the application to vary a premises licence for EartH.

Application to Vary a Premises Licence: EartH, 15-17 Stoke Newington Road London N16 8BH

The sub-committee approved recommendations for a premises licence variation application for EartH, located at 15-17 Stoke Newington Road. Village Underground Holdings Limited applied to vary the premises licence under section 34 of the Licensing Act 2003.

The specific changes requested in the application were:

• To increase the capacity of the Area 3 Theatre from 700 to 750, excluding performers and staff.
• To permit a last entry time of 2am by varying the wording of condition 36.
• To extend the terminal hour for licensable activities on Friday and Saturday nights to 5am in the ground floor Area 1 (EartH Hall). This includes plays, films, indoor sporting events, live music, recorded music, performances of dance, late night refreshment and the supply of alcohol.

The application stated that the conditions currently attached to the premises are considered to promote the licensing objectives and these would continue to have effect if the variation were granted.

The Public reports pack included the following appendices related to this application:

• Appendix A: Application for a premises licence and supporting documents
• Appendix B: Representations from Responsible Authorities
• Appendix C: Representations from Other Persons
• Appendix D: Current Licence
• Appendix E: Location map

The Licensing Authority received 32 representations in total, with 21 in support of the application and 11 opposing it. Those opposing the application raised concerns relating to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

The council's Statement of Licensing Policy outlines general principles in policy LP1, licensing objectives in policy LP2, and core hours in policy LP3, all of which are relevant to the application.

Temporary Event Notices - Standing Item

The sub-committee approved recommendations regarding temporary event notices. However, the sub-committee served a counter notice regarding a temporary event notice for 72 Rivington Street, scheduled for 6 September 2025, due to concerns that the proposed event would undermine the licensing objectives¹. The decision was influenced by an objection from the Metropolitan Police, citing alleged breaches on 23 and 24 August 2025 in the Rivington Street area.

The police reported that the premises was operating at 2:45am under a Temporary Event Notice (TEN) that described the event as featuring live performers, with all conditions followed in line with the premises licence. However, police witnessed open front doors with considerable noise escaping, and music being played by DJs instead of live performers.

The sub-committee heard that the police alleged that this was not the first time these failures had been observed at the premises, with previous warning letters, objection emails, and meetings with the Premises User documenting similar issues. The police stated they were no longer willing to support any extension of hours until the premises demonstrated it could operate within its current licensed hours.

The police stated that if music can be heard in the street, it constitutes a noise nuisance regardless of specific conditions. They also confirmed that the premises' sound-limiting device did not seem to be working effectively, as evidenced by noise complaints from neighbouring premises. The police stated that the premises failed to comply with the requirements under the alfresco trial, with 30 people observed standing outside with drinks during times outside the trial hours, despite conditions requiring all patrons to be seated.

The Premises User stated that they had hosted hundreds of events with no issues and very few neighbour complaints, acknowledging some initial errors, especially concerning the alfresco dining. They stated that they were a young, growing brand trying to promote their business, and had always adapted to feedback after meetings with the Police.

The sub-committee felt the police evidence was strong and that allowing the event to take place would undermine the licensing objectives.