Decision details

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 to vary a premises licence has been refused in accordance with

Licensing Policies LP1, LP2, LP3, and LP10 within the Council’s Statement of

Licensing Policy.

Reasons for the decision

The Licensing Sub-committee, having heard from the Responsible Authorities (the Licensing Authority and Metropolitan Police Service) and Other Persons (local residents) believed that granting the application would result in the licensing objectives being undermined, and would have a negative impact on the Dalston Special Policy Area (Dalston SPA).

The Sub-committee took into consideration the representations of the Metropolitan Police Service who objected to this application due the impact it would have late at night and the associated anti-social behaviour in the area. The Sub-committee noted that the premises is on a busy high street in the Dalston SPA, and the premises currently holds a premises licence for the sale of alcohol and Late Night Refreshment. These hours already extend outside of the Core hours under Policy LP3. The Sub-committee took into account that the applicant had not demonstrated how they would not add to the cumulative impact in the Dalston SPA in relation to issues of anti-social behaviour, and crime and disorder already being experienced in this area. The Sub-committee took into consideration that the proposed extension of hours would attract customers late at night who had been consuming alcohol for

several hours.

The Sub-committee took into account from the Licensing Authority’s representations that they had particular concerns about breaches of the licence conditions and the premises continually operating beyond their hours on weekdays after midnight beyond their permitted hours of operation. The Sub-committee took these breaches

very seriously.

The Sub-committee carefully considered the representations made by the applicant’s representative alongside those of the Metropolitan Police Service and the Licensing Authority and Other Persons. The applicant’s proposals did not allay the concerns raised by the Responsible Authorities and Other Persons. The sub-committee was not convinced that the applicant’s proposed

extended hours would justify them making an exception to grant hours outside the Council’s Statement of Licensing Policy. The Sub-committee after hearing from the applicant’s representative felt that the applicant lacked the understanding and the importance of having a Dispersal Policy. The Sub-committee felt that the applicant needed to work with the Responsible Authorities to demonstrate that they can comply with the conditions of their licence.

The Sub-committee took into consideration that the premises are near a residential area that will have an impact on families if the premises operated to a late hour, and could give rise to public nuisance in the area.

The Sub-committee also took into consideration that they had not heard anything from the applicant and the applicant’s representative that overcame their concerns about adding to the cumulative impact in the Dalston SPA.

The Sub-committee when making their decision took into consideration the lack of confidence in the management. They were not confident that the applicant and their staff would comply with the conditions of their licence, and the Sub-Committee felt they would not uphold or promote the licensing objectives,

The Sub-committee felt that by not granting this variation application it would help prevent anti-social behaviour in the area. These would contribute to increasing public nuisance, and to crime and disorder in the Dalston SPA.

The Sub-committee took into consideration when refusing this application that each case is considered on its merits. The Sub-committee believed that the licensing objectives could not be promoted by granting this variation application, and as such believed it was appropriate to refuse the application in its entirety.

PLANNING INFORMATIVE

The applicant is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.

It also should be noted for the public record that the local planning authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.