Agenda, decisions and minutes

1.1  Cllr Gilbert Smyth was elected as Chair.

2.1  None.

3.1  None.

4.1  None.

5.1  The Chair of the Sub-Committee outlined the hearing procedure for the meeting participants.

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 for Late Night Refreshment and the sale of alcohol 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:

The hours for licensable activities, shall be, as agreed:

Late Night Refreshment:

Friday to Saturday  23:00 - 01:00

Supply of Alcohol (on and off sales)

Monday to Thursday    10:00 - 23:00

Friday to Saturday    10:00 - 23:00

Sunday    10:00 - 22:30

Opening hours

Monday to Thursday    10:00 - 23:30

Friday to Saturday    10:00 - 01:00

Sunday    10:00 - 23:00

And the following conditions:

Any alcohol sold or supplied for consumption off the premises must be in a sealed container.

Alcohol shall not be sold, supplied, or consumed on the premises unless it is ancillary to food served on the premises and with food orders.

Only deliveries and take away are permitted after 23:00 on Fridays and Saturdays.

The Licence holder shall have one additional member of staff after 21:00 on Fridays and Saturdays to monitor the premises main door and dispersal from the premises. The total number of staff after 21:00 must be at least 3 members of staff.

There shall be a written dispersal policy submitted to and approved by the Licensing Authority and the Police which shall be reviewed regularly. All staff shall be trained 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 Licence holder to submit a Delivery Management Plan to the Licensing Authority and the Police for approval.

Reasons for the decision 

The application for a premises licence for Late Night Refreshment and the supply of alcohol on and off the premises 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 there were objections to the application from the Licensing Authority, Environmental Enforcement, and the Metropolitan Police Service (“the Police”). The Sub-committee took into consideration that the Environmental Enforcement Team proposed conditions which the Applicant agreed to during the hearing. The Sub-committee also noted that there were no representations from local residents in the area.

The Sub-committee took into account that the Licensing Authority made representations on the grounds of public nuisance and the premises being close to the residential properties. The Sub-committee took into consideration the concerns about the additional impact on the area late at night. The Sub-committee noted concerns about the existing use of the extractor fan, and that the Applicant was trying to take measures to control the noise. The  ...  view the full decision text for item 6.

6.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer (Acting), a consultant representing the applicant and the responsible authorities, the Licensing Authority and the Police. The application before the Sub-Committee was for a premises licence to allow authorisation for the provision of late night refreshment and sale of alcohol on Monday to Sunday. Responsible Authorities, Licensing and Police, had made representations on the grounds of the prevention of crime and disorder and prevention of public nuisance. Environmental Enforcement had made a submission on the grounds of the prevention of public nuisance and had proposed conditions as set out in para 8.1 of the published report - these conditions were agreed with the applicant prior to the meeting. There were no other persons registered to speak.

6.2  During the course of the meeting there was a discussion where a number of points were raised including the following:

·  The premises, Doner Hub, was a restaurant with seating inside that also takes takeaway orders and had a permitted use class E;

·  The agent for the applicant explained that her client had instigated a number of training programmes for staff as well as recyclable and waste management policies and delivery management processes to mitigate against any public risk; 

·  The agent for the applicant highlighted, in relation to the increase in proposed hours, the number of licensed premises in the immediate vicinity with late opening hours;

·  The Police in their representation raised concerns over the hours requested and some lack of detail around the application. They highlighted that they wanted to see more information about why the applicant requires both on and off sales and how the venue opening late into the night would encourage people to gather in the venue;

·  The Licensing Authority made a representation highlighting concerns over the proposed hours and their negative impact on the licensing objectives in particular the prevention of public nuisance. There were also concerns raised about activities associated with takeaways such as noise from loitering from customers  and noise and fumes caused by third party delivery riders/collections. The Licensing Authority added that the proposed hours were also outside the core hours, as set in LP3, also the application also appeared to be a change of use of building, the applicant may wish to demonstrate that the appropriate planning permission is in place in accordance with LP5 (Planning Status);

·  The agent for the applicant explained that besides an inside seating area for customers there was also a toilet for customers. The agent was of the view with this area their applicant, with along with one other member of staff, could contain customers in the early hours and potentially mitigate against incidents of anti-social behaviour (asb);

·  The agent for the applicant explained that the business of Doner Hub was 50% restaurant and 50% takeaway. They added that the sale of alcohol was not a top priority for the applicant;

·  The Police expressed concerns about the applicant’s ability to manage rowdy customer behaviour early in the  ...  view the full minutes text for item 6.

7.1  None.