Decision details
Variation of a Premises Licence: 255 Mare Street London E8 3NS
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
RESOLVED:
The decision of 2nd December 2024
The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing today 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 with the following amendments:
· The hours for licensable activities:
Recorded Music
Sunday to Thursday 11:00 - 23:30
Friday to Saturday 11:00 - 00:30
Late Night Refreshment
Sunday to Thursday 23:00 - 23:30
Friday to Saturday 23:00 - 00:30
Supply of Alcohol (on the premises)
Sunday to Thursday 11:00 - 23:30
Friday to Saturday 11:00 - 00:30
Opening hours
Sunday to Thursday 11:00 - 00:00
Friday to Saturday 11:00 - 01:00
· Condition 19 shall remain on the premises licence with no amendment.
And the following conditions to be added to the premises licence:
· The Premises Licence Holder shall submit the Acoustic Report to the Police within 7 days.
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 Sub-committee noted that the Metropolitan Police Service (“the Police”) agreed conditions with the Premises Licence Holder and withdrew their objection.
The Sub-committee took into consideration that apart from the Licensing Authority no other Responsible Authorities raised objections to this Application. The Sub-committee took into account that 9 Other Persons (local residents) objected to the application and 1 Other Person (a local resident) made a representation in support of the application. The Sub-committee carefully considered all the written representations from the local residents.
The Sub-committee took into consideration the representations made by the residents of the block of flats at Hacon Square objecting to the application for later hours that having longer hours would make it a night club not a family pub. The Sub-committee noted the alleged breaches of the premises license were for opening the garden later than the premises are licensed to. The local residents contended that the building still has poor sound proofing which affects local residents causing a disturbance from the beer garden and inside the pub particularly at weekends.
The Sub-committee took into account the local residents' representations that since the premises reopened the Premises Licence Holder has made no efforts to engage with local residents. The Sub-committee noted that the Premises Licence Holder had not developed the ‘local family bar’ that was originally proposed, and no work has been done to make the beer garden a welcoming play area.
The Sub-committee took into consideration the representations made by the Licensing Authority and they took into consideration the Acoustic Report dated 26 September 2024 that had been provided and the recommendations set out in the Report. The Sub-committee felt that it is necessary for the works to be carried out within two months of the issue of the decision to prevent noise nuisance.
The Sub-committee after hearing from the local resident that attended, the Licensing Authority and the Premises Licence Holder’s representative decided not to remove condition 19 from the premises licence. The Sub-committee had concerns that the extended hours in the garden will result in more noise and public nuisance for the local residents that live close to the premises. The Sub-committee was very concerned about the impact any noise coming from the garden area would have on local residents. The Sub-committee felt that the garden area had a tendency for noise to vibrate and disturb local residents above and around the premises. The Sub-committee felt that it was appropriate to keep condition 19 and not make any changes to the use of the garden area.
The Sub-committee had concerns about whether the Premises License Holder had complied with the conditions on the license, and they felt strongly that the Premises License Holder must comply with condition 27 (to carry the requirements of the Acoustic Report), and condition 34 (to provide a Dispersal Policy to the Police and the Licensing Authority) on the premises licence immediately and without further delay.
The Sub-committee took into consideration that local residents' bedrooms overlooked the pub. They considered the potential impact of public nuisance if the premises were open late at night, and the disturbance that a 03:00 license would cause. The Sub-committee felt the proposed extended hours were significantly outside of the Licensing Policy LP3, and that by reducing the hours on Friday and Saturdays this would help to reduce the impact on local residents. The Sub-committee noted that the premises operated a number of temporary events without incident.
The Sub-committee took into consideration that the premises currently had
SIA security staff at the premises until 30 minutes after closing the premises each day.
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 not be undermined.
Public Informative
The Premises Licence Holder is encouraged to work with local residents and the Responsible Authorities to reduce noise nuisance, and prevent any negative impact in the area.
Publication date: 09/01/2025
Date of decision: 02/12/2024
Decided at meeting: 02/12/2024 - Licensing Sub Committee B
Accompanying Documents:
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