The Licensing Sub-Committee B of Hackney Council met on Thursday, 18 April 2024, to consider an application for a premises licence for Last Days, located at St. Michaels Church & Yard, Leonard Street, London, EC2A 4QX. After hearing representations from the applicant, responsible authorities, and numerous local residents, the committee resolved to refuse the application.

Premises Licence Application: Last Days, St. Michaels Church & Yard, Leonard Street, London, EC2A 4QX

The committee considered an application from Last Days Ltd for a premises licence to authorise the provision of late night refreshment, regulated entertainment, and the sale of alcohol from Monday to Sunday. The applicant proposed operating hours that aligned with Hackney's Statement of Licensing Policy¹ core hours, with extended hours on Friday and Saturday nights.

Representations:

• Applicant: Last Days Ltd, represented by their solicitor Jake Spiegler, and directors Kerry O'Connor and David Gardiner, presented the venue as a cultural and community-focused space, distinct from previous operators. They highlighted plans for diverse artistic and wellness events, emphasizing that alcohol sales would be secondary to the cultural offering and crucial for subsidising community initiatives. They also presented an operational management plan, a noise impact assessment by Big Sky Acoustics, and letters of support from organisations such as the Music Venue Trust², Wickers Charity³, and local businesses like Rapid Eye⁴ and Shoreditch Arts Club⁵.
• Responsible Authorities:
  • The Metropolitan Police Service initially raised concerns regarding the prevention of crime and disorder and public nuisance, particularly in relation to the cumulative impact on the area and the management of patrons leaving the premises. However, they noted satisfaction with the applicant's access and egress plans and agreed to a condition limiting the number of smokers in the designated area after 9 pm.
  • The Licensing Authority (represented by David Tuitt) also raised concerns about the prevention of crime and disorder and public nuisance, referencing the area's cumulative impact issues and the number of existing licensed venues. They noted that the proposed hours were modest but could still contribute to existing problems.
  • The Environmental Health Authority (Environmental Protection) initially made a representation but subsequently withdrew it after agreeing on conditions with the applicant, including the installation of a sound limiting device and ensuring doors and windows remain closed during licensable activities.
• Other Persons: A significant number of local residents (41 in opposition, 3 in support) submitted representations. The primary concerns raised by objectors centred on:
  • Noise Pollution: Residents expressed fears of significant noise from amplified music, patrons leaving the venue, and external activities, particularly given the Grade I listed building's poor soundproofing and the proximity of residential properties. Concerns were raised about disruption to sleep, work-from-home arrangements, and the general amenity of the area.
  • Crime and Disorder: Objectors cited the area's existing issues with crime, anti-social behaviour, drug dealing, and public urination, arguing that a large-capacity venue would exacerbate these problems. They also raised concerns about the potential for increased loitering, vandalism, and intimidation, particularly around Mark Street Gardens.
  • Public Safety: Concerns were raised about crowd management, access and egress, particularly through Mark Street Gardens, which is a public park with restricted hours. Objectors also highlighted potential risks associated with large numbers of people leaving the venue late at night, especially in a residential area.
  • Protection of Children from Harm: Residents expressed worries about the impact of noise, anti-social behaviour, and potential exposure to drugs and alcohol on children living in the area and using Mark Street Gardens.
  • Cumulative Impact: Many objectors referred to Hackney's Cumulative Impact Research Review⁶, highlighting Shoreditch as a hotspot for crime and disorder, and arguing that adding another large venue would worsen the existing saturation of licensed premises.
  • Planning Concerns: Some objectors noted that the original planning permission was for office use, not a large entertainment venue, and questioned the applicant's right of way through Mark Street Gardens for event access.

Applicant's Response and Concessions:

The applicant's representatives addressed the concerns by highlighting their experience, their commitment to community engagement, and the proposed operational controls. They agreed to several concessions, including:

• No acoustic drums, only electronic drums subject to the noise limiter.
• Doors and windows to be kept shut during licensable activities.
• Dispersal after 7:00 pm to be via Mark Square, not Mark Street.
• Risk assessments to be undertaken for SIA door supervision if required.

Decision:

The Licensing Sub-Committee, having considered all representations and evidence, resolved to refuse the application for a premises licence.

Reasons for Refusal:

The Sub-committee determined that granting the application would undermine the licensing objectives, particularly the prevention of public nuisance and the protection of children from harm. They noted the significant number of objections from local residents who were not persuaded by the applicant's representations. The Sub-committee felt that the proposed venue, due to its large capacity and Grade I listed status making soundproofing difficult, was not suitable for the location, especially given the proximity of residential properties and the concerns about dispersal and cumulative impact. The committee concluded that further work was needed on the application and engagement with local residents to address the significant negative impacts on the local community.