Decision details
Application for a premises licence - Basement, 79 Kingsland High Street, London E8 2PB
Decision Maker: Licensing Sub Committee B
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
APPLICATION FOR A PREMISES LICENCE– BASEMENT 79 KINGSLAND HIGH STREET, E8 2PB - REFUSAL
Decision of 14th August 2019
The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing today 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;
? The protection of children from harm;
the application for a premises licence has been refused, in accordance with the Council’s Statement of Licensing Policy, in particular Licensing Policies LP1, LP2 and LP10.
Reasons for the decision
The Licensing Sub-Committee, having heard from the applicant, responsible authorities and other persons, believed that granting the application is likely to result in the licensing objectives being undermined.
The sub-committee took into consideration the representations and concerns raised by the Licensing Authority, the Metropolitan Police and other persons regarding the intended operation of the premises and the potential additional negative cumulative impact in the Dalston Special Policy Area, which is already saturated with other vertical drinking establishments in the immediate vicinity and around Gillette Square. As such the responsible authorities and residents did not support this application, particularly given the history of the premises.
After hearing from all the parties, the sub-committee were not satisfied that the applicant could responsibly or appropriately operate the premises, within the Dalston Special Policy Area.They noted the fears of the possible interest of the previous operators or management. It was also noted in this regard that the current ownership of the premises was not clear and the applicant did not hold a lease or other legal agreement to control the running of the premises.
The sub-committee felt that the applicant was unable to demonstrate that she had an adequate understanding of the nature of the area in which the premises is located along with outlining the required experience and track record of managing a premises like this. Furthermore, the applicant was also unable to demonstrate satisfactorily how the premises would not add to the cumulative impact on the Dalston Special Policy Area, in terms of people drinking and staying in the area for longer, which could result in an increase of crime and disorder, and anti-social behaviour in the area. The committee felt that the applicant had failed to properly engage with the responsible authorities, in advance of the hearing, to try and resolve their concerns along with not proposing any substantial food offering for the revised hours, which may have mitigated the concerns relating to the type of operation and the negative cumulative impact being experienced.
In making their decision, the sub-committee, were also concerned as to actual viability of the business from a practical perspective, given that the applicant appeared to lack the relevant experience of managing a drinking establishment which would require costly provisions and measures, such as security personnel and equipment in addition to CCTV, to ensure the premises operated appropriately at all times. They were concerned that some of the promises made during the hearing would therefore prove unrealistic.
Having taken all the relevant factors into consideration, the sub-committee were not satisfied that the applicant was able to demonstrate that the necessary measures could be put in place to manage the premises responsibly within the Dalston Special Policy Area. As such the application was refused to safeguard the promotion of the licensing objectives.
Publication date: 14/08/2019
Date of decision: 14/08/2019
Decided at meeting: 14/08/2019 - Licensing Sub Committee B
Accompanying Documents:
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