Decision details

Premises Licence: Basement , 8 Stoke Newington Road, London, N16 (Ward: Shacklewell)

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

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; and

·  The protection of children from harm,

 

the application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

 

Recorded Music:

 

Monday to Thursday    12:00 - 23:00

Friday to Saturday    12:00 - 01:30

Sunday    12:00 - 22:30

 

Anything of a similar description:

 

Monday to Thursday    12:00 - 23:00

Friday to Saturday    12:00 - 01:30

Sunday    12:00 - 22:30

 

Late Night Refreshment

 

Friday to Saturday    23:00 - 01:30

 

Supply of Alcohol (on sales)

 

Monday to Wednesday    12:00 - 23:00

Thursday  12:00 - 00:00

Friday to Saturday    12:00 - 01:30

Sunday    12:00 - 22:30

 

Opening hours

 

Monday to Wednesday    12:00 - 23:30

Thursday  12:00 - 00:30

Friday to Saturday    12:00 - 02:00

Sunday    12:00 - 23:00

 

Remove Non-standard hours from the Application.

 

Amend condition 19 as follows:

 

“All doors (including the front door at street level) shall be kept closed when regulated entertainment is in operation, except for the immediate ingress and egress of patrons. Also customers are not permitted to use Miller Terrace beyond core hours under Policy LP3”

 

And the following conditions to the Premises Licence:

 

1.  The Premises Licence holder shall provide a risk assessment to the Licensing Authority to determine the capacity for the premises.

 

2.  There shall be a written dispersal policy submitted to and approved by the Licensing Authority and the Police. The approved dispersal policy shall be implemented at the premises. All staff shall be briefed on this dispersal policy. A copy of the policy shall be kept on the premises and shall be produced to a Police officer or other authorised officer upon request.

 

The Premises Licence holder shall work with the Police to confirm the appropriate access to the premises either through the front or back doors.

 

The Premises Licence holder has agreed the following 11 conditions proposed by the Police that will be added to the premises licence:

 

1) A minimum of 1 SIA door supervisors shall be employed on a Friday and Saturday after 20:00 (and additional SIA on a risk assessment basis on Fridays and Saturdays) and at other times on a risk assessment basis. When employed, all SIA staff shall wear a high visibility armband or vest to be easily identifiable. They shall enter their name, address, SIA number and times they begin and finish their shift in a daily register. If employed by an agency all agency contact details shall be recorded also.

 

2) The premises shall maintain a comprehensive CCTV system as per the

minimum requirements of a Metropolitan Police Crime Prevention Officer. All

public areas, entry and exit points will be covered enabling frontal identification

of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall

be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of the Police or authorised officer.

 

3) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are

open to the public. This staff member shall be able to show Police or an authorised officer of Hackney Borough Council recent data or footage with the

absolute minimum of delay when requested.

 

4) An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following:

·  all crimes reported to the venue

·  any complaints received

·  any incidents of disorder

·  any faults in the CCTV system

·  any refusal of the sale of alcohol

·  any visit by a relevant authority or emergency service.

 

5) There shall be clear and prominent signage asking all customers to leave quietly and respect local residents.

 

6) All instances of crime or disorder to be reported by the designated premises

supervisor or responsible member of staff to an agreed Police contact point, as

agreed with the Police.

 

7) Where the sale or supply of alcohol is taking place employees of the premises must request sight of evidence of the age of any person appearing to be under 25 years of age (Challenge 25). Such evidence may include a driving licence or passport.

 

8) The premises will display and maintain appropriate signage advising

customers of the contact details of the Designated Premises Supervisor.

 

9) All staff will be given refresher training every six months on the legislation

relating to the sales of alcohol to underage persons and drunken persons.

Written records of this training shall be kept on the premises and produced to

Police or other authorised officer upon request

 

10) The number of smokers outside will be limited to no more than 6 at any one time.

 

11) No drinks are to be taken outside.

 

Reasons for the decision

 

The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.

 

The Sub-committee took into consideration that the Environmental Protection Team agreed conditions in advance of the hearing with the Applicant and withdrew their representation.

 

The Sub-committee took into consideration the representations made by the  Metropolitan Police Service (“the Police”) and two local residents (Other Persons) objecting to this application, and their concerns about the operation of the premises late at night.

 

The Sub-committee took into account that this was an application for a premises licence, following the lapse of the previous premises licence, which was not transferred within 28 days.

 

The Sub-committee took into consideration that the Police had concerns about the later hours, and that they preferred the hours that were as previously given on the premises licence. The Police made representations that the non-standard hours proposed were acceptable and that they had no concerns following the temporary events that were held at the premises. The Sub-committee noted that the premises are proposing to have events for the community to build up the night time economy. The Police made representations that they would prefer the entrance and exit to be at the front to prevent local residents being disturbed.

 

The Sub-committee took into account that the Police visited the premises, the layout was the same as it was previously with removable tables and chairs, and the bar was in the same position. The Sub-committee noted that previously it had taken a great deal of work to get to the point of the premises licence being granted and that the Police wanted to continue that work. The Police made representations that by the Applicant operating under similar terms as the previous licence that lapsed, the Applicant would be able to build up a track record to show that they were able to comply with the terms and conditions of their licence.

 

The Sub-committee took into consideration the written representations made by 2 local residents and the representations that were made during the hearing by the local resident that attended. The Sub-committee took into consideration that the local resident, who attended, did not believe that the Applicant had any experience in operating a premises licence, and that they were encouraging customers to loiter around the premises, late at night, causing a disturbance to local residents. The Sub-committee noted that the local resident did not feel that the Applicant had made their case. In addition, the local resident made representations that there was no dispersal policy and that the noise was much louder than ambient noise.

 

The Sub-committee took into consideration that the local resident, who attended, was not persuaded by any of the representations made by the Applicant, and that they had not discharged their burden of proof to show how they would operate the premises. In addition, the Sub-committee noted the local resident felt that the Applicant did not demonstrate that they would not operate beyond their hours or that they would not add to the cumulative impact.

 

The Sub-committee heard representations from the Applicant that they were seeking an alcohol licence until 02:30 because there were other local establishments with similar hours in the area. The Applicant contended that they were looking to provide events to the LGBT customers who asked for later hours, and this prompted them to apply for later hours. The Sub-committee took into account that the Applicant did not envisage opening until 02:30 or 03:00 regularly; they were just seeking the hours so that the customers would have the option to run their events to a later time if they wanted to.

 

The Sub-committee took into consideration representations from the Applicant that the back door was not kept open and that they have barriers in place to prevent the noise escaping through the back door. The Applicant confirmed that they operated successful temporary events. The Applicant made representations that they were not intending to operate the premises as it had been operated previously, and they intended to have functions for local artists, the LGBT community and the deaf community. They were not proposing to have a nightclub. They just wanted to have a small wine bar. The Applicant confirmed that they held karaoke nights which had gone well, and that the clients they were looking to attract would be those for exhibitions and customers from the deaf community to hear music through vibration of headphones. The Applicant made representations that the deaf customers wanted a place where they could go and have their celebrations.

 

The Sub-committee took into account that the Applicant will not provide food at the premises, and the expectation was that customers would either eat before or after they came to the events. The Sub-committee noted the capacity of the premises is 75 however they were not expecting to have the maximum number of customers at any one time.

 

The Sub-committee took into consideration that the Applicant had CCTV operating at the premises, and that they have done a great deal of work to improve the premises. The Sub-committee took into account that they were only seeking to have the additional hours for small extended functions up to 02:30 am and just in case the event wanted to continue later. The Applicant confirmed that they have two sets of doors at the front of the premises one is the security door that would prevent noise breakout or local residents being disturbed. The Sub-committee took into consideration that the premises are situated on a main road. Therefore, there is no drop-off and picking up points from the premises. The Applicant agreed that there would be no more than six smokers at any one time outside of the premises.

 

The Sub-committee took into consideration that the Police were satisfied with the hours and conditions agreed by the Applicant while the Applicant builds up a track record to demonstrate that they are a responsible operator.

 

The Sub-committee took into consideration mitigating factors that the Applicant had been working with their neighbours and they had used a sound limiter to prevent noise nuisance. The Sub-committee felt that the Applicant had addressed the concerns raised by local residents.

 

The Sub-committee took into consideration each application on its own merits, and they did not take into consideration economic factors.

 

Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied, when granting this application for a premises licence, that the Applicant had offered adequate conditions, reduced hours, and the licensing objectives would be promoted.

 

 

 

 

 

Your right to appeal

 

If you are aggrieved by any term, condition or restriction attached to this decision, you have the right to appeal to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days

of the date you receive this written decision.

Publication date: 08/02/2024

Date of decision: 07/12/2023

Decided at meeting: 07/12/2023 - Licensing Sub Committee D

Accompanying Documents: