Decision details
Variation of a Premises License: Hackney Tap ( Formerly Gyoza Town), Ground FLoor,354 Mare Street, E8 1 HR
Decision Maker: Licensing Sub Committee D
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
Decision:
RESOLVED:
The decision
The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of 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 partially approved in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:
· The hours for the use of the external area of the premises are granted as follows:
Monday to Thursday 10:00 - 22:30
Friday to Saturday 10:00 - 23:00
Sunday 11:00 - 22:30
· Condition 39 has been amended to:
·
“The external area shall be closed to the public by
22:30 hours from Monday to Thursday
23:00 hours from Friday to Saturday
and 22:30 hours on Sundays
with the exception of smokers immediately outside the front of the premises who will not be permitted to take drinks outside after 22:30 hours from Monday to Thursday, 23:00 hours from Friday to Saturday and 22:30 hours on Sundays”
· Condition 40 has been amended to:
“The maximum number of persons (excluding staff) allowed in
the external area of the premises shall not exceed 64 seated patrons”
· Condition 41 has been amended to:
“Notices will be displayed in the external area stating that this
area is for seated patrons only. Waiter/Waitress services will be
available in the external seating area after 17:00 hours until the
external area closes between 1st April and 30th September each year”.
And the following conditions will be added to the premises licence:
· The requirements for SIA door supervision shall be risk assessed by
the DPS or a nominated staff member for opening after 22:00
on Friday and Saturday, and SIA door supervisors shall be in place on
these days.
The risk assessment will be documented and will deal with the following:
a. Hours of operation
b. Expected customer numbers and peak times for customer attendance
c. Any specific risks identified such as events, particularly hot weather,
national holidays, etc
d. Number of door supervisors (if any) to be employed and start and
finish times
e. Reasons why SIA door supervisors are not used.
A copy of each risk assessment will be retained for a minimum of 12 months and shall be made available upon request.
· The Licence holder shall maintain a dedicated contact telephone
number and email address that must be available at all times to all local residents, the Environmental Health Officers, the Licensing Authority, the Police, and any Responsible Authority or any person wishing to make a complaint. These contact details shall be included on the website of the premises, and on display at the premises, which can be used to report concerns or complaints about the premises to a duty manager, a responsible person or a member of the management team at the premises as and when they occur during the operation of the licence in a prominent external location at the premises that is easily accessible to members of the public and local residents.
· The Licence holder to hold and publicise liaison meetings
at least every 6 months with local residents to address any concerns or
complaints about the premises
Reasons for the decision
The application to vary this premises licence has been partially approved as members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined.
The extended hours for recorded music, late night refreshment, and the supply of alcohol, as set out in the report, were granted as applied for with no amendment made to these hours.
The Sub-committee took into consideration the representations from the Metropolitan Police Service (“the Police”), the Environmental Protection Team and the Licensing Authority who raised representations on the grounds of public nuisance and crime and disorder. The Sub-committee took into account that the Police made representations about the external area and security. It was noted that the Police had no concerns about the inside of the premises. The Sub-committee took into account that the Licensing Authority had the same concerns about tables and chairs in the external area.
The Sub-committee took into consideration the representations made by the Applicant who felt that they could operate later hours without undermining the licensing objectives. The Sub-committee took into account that there are
3 staff to manage the external area if full capacity. The Applicant contended that there was no standing in the external area, there was waiter service and people go into the bar to order drinks.
The Sub-committee took into consideration how the premises had been operating and the support received from the church as owner of the land and
from local residents. The Sub-committee took into account that the premises have a positive impact on the area and promotes community engagement. The Sub-committee took into account that there were no complaints from local residents and there were 5 representations in support of the application
The Sub-committee would like that on a Friday and Saturday to have SIA and that the Applicant to demonstrate that they are a responsible operator that will prevent issues arising in the external area. The Sub-committee were pleased that Applicant agreed to the SIA condition and the other conditions being added to the premises licence. Also the reduced hours were agreed by the Applicant. The Sub-committee was not comfortable with the capacity of 84 in the external area. The Sub-committee felt a capacity of 64 with 16 tables was more acceptable.
The Sub-committee felt this decision is balanced and proportionate in the circumstances particularly in respect of the external area where noise late at night is the main concern. The Sub-committee took into consideration the impact on the local area and felt that meetings with the local residents will ensure that the premises are aware of any issues with the operation of the premises.
The Sub-committee takes into consideration each application on its own merits.
Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this partial variation to the premises licence that the licensing objectives would continue to be promoted.
Publication date: 17/04/2024
Date of decision: 06/10/2022
Decided at meeting: 06/10/2022 - Licensing Sub Committee D
Accompanying Documents:
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