Agenda, decisions and minutes

1.1  Councillor Peters was duly elected as Chair.

2.1  There were no apologies for absence.

3.1  There were no declarations of interest.

4.1  The minutes of the 30^TH January 2018 meeting were agreed as an accurate record.

5.1  The attendees at the meeting noted the Licensing Sub-Committee hearing procedure.

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 has been approved in accordance with the Council’s licensing statement and the proposed conditions set out in paragraph 8.1 of the report.

Reasons for the decision

Members of the Licensing Sub-Committee, after careful consideration of the representation made by the applicant, particularly given the amended hours and having regard to the written statements submitted by other persons, the application has been approved, as the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined. 

6.1  The principal licensing officer, Mike Smith, introduced the application for a new premises licence for London Fields Primary School Play Ground, Westgate Street, E8 3RL. The application was for the supply of alcohol (On and Off Premises). The Licensing Sub-Committee members noted that local resident objections at B1, B3, B4 and B7 had been withdrawn following the reduction in the proposed hours. Committee members also noted that the application was outdoors not indoors.

6.2  The applicant, Mr Mike Norledge, of Spread Food limited, made his submissions to the Licensing Sub-Committee, explaining that the premises were located on a school playground that is used as a weekly farmers market with 30 stalls. The applicant was seeking to allow two to three of the market traders to be able to sell local wines and beers. The market was open on Saturday from 10am to 4pm with predominantly vegan market stalls. The market had been in operation for just over two years. During that time they had not been any issues with Anti-Social Behaviour (ASB) of any kind. 

6.3  Mr Norledge addressed local resident objections by explaining that there was a site manager at the market at all times on the Saturday, there was no reported incidents of ASB, there was no alcohol served in glasses and no glasses were to leave the site. All alcohol trade would be completed at 5pm. Any music played on site had been kept to an acceptable volume. Mr Norledge added that any beggars near to the site would be monitored at all times.  Mr Norledge addressed those concerns about schoolchildren being affected by this application by explaining that no school children would have use of the playground on the Saturday whilst the market was in operation.  Mr Norledge added that while the market was in operation on Saturday the consumption of any alcohol on site would be strictly monitored with a zero tolerance policy in effect. Mr Norledge explained that the market would not do anything to jeopardise its licence.

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 has been approved in accordance with the Council’s licensing statement and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

·  Existing condition 19 to be removed – Glass bottles shall not be removed from the premises by patrons when leaving.

·  Existing condition 17 to be removed - Except for patrons smoking, the outside areas shall not be used

·  Existing condition 35 to be removed – Patrons will not be allowed to take drinks, glass or open containers outside of the premises at any time.

·  Existing condition 36 to be removed –There will be no more than 5 patrons smoking outside the premises at any one time. This will be monitored by staff.

·  Condition 25 be amended to read; Alcohol shall not be sold, supplied or consumed otherwise than to persons who are taking a tabled meal from the menu, this applies to both the  inside and outside area, and that the consumption of alcohol will be by waiter/waitress service only.

and the following additional conditions:

·  The outside shown edged green, being the enclosed courtyard to the rear of the premises can be used by customers up until 21:30 for the consumption of alcohol and food. After 21:30, only persons smoking (and limited to no more than 5 in total outside the premises in any outside area) shall be permitted.

·  The area immediately outside to the front of the premises and edged in red, can be used by customers up until 19:00 for the consumption of alcohol and food. After 19:00, only persons smoking (and limited to no more than five in total outside the premises in any outside area) shall be permitted.

·  The area immediately outside to the front of the premises and edged in red, will be limited to a maximum of 12 patrons only before 19:00.

With the following agreed additional conditions;

•  Glass bottles shall not be removed the premises by patrons when leaving, other than other patrons who have been provided with a glass bottle inside the premises by a waiter/waitress, and then carries the bottle to one of the outside areas mentioned in these conditions

•  Patrons will not be allowed to take drinks, glass or open containers outside of the premises at any time, other than patrons who have been provided with a glass bottle inside the premises by a waiter/ waitress, and then carries the bottle to one of the outside areas mentioned in these conditions.

  Being merged into the following condition;

•  Patrons will not be allowed to take drinks, glass or open containers outside of the premises at any time, other than patrons who have been  ...  view the full decision text for item 7.

7.1  The Principal Licensing Officer, Mike Smith, introduced the application to vary the premises licence for Bull in a China Shop, 196 Shoreditch High Street E1 6LG. The proposed variation was to remove and replace the conditions relating to the use of outside areas at the premises. Responsible Authorities (Environmental Protection and the Police) had withdrawn their representation following agreement with the applicant. Licensing had also withdrawn their representation. The applicant had submitted additional papers for the meeting including a revised plan of the premises, a revised application

7.2  Councillor Gordon was momentarily absent from the meeting when the hearing for the application began, therefore under Licensing Sub-Committee meeting procedures was excluded from any discussion about the Bull in a China Shop application.

7.3  Jonathan Smith, solicitor and representative for the applicant and premises licence holder, Stephen Chan, made his submission to the meeting by giving a brief overview of the asian-influenced eatery and bar. Mr Smith referred to the revised plan of the premises showing the areas now sought for permission for the consumption of alcohol, being the red area to the front of the premises and green to the rear.  Mr Smith explained that the revised application excluded the “yellow area” and amended the terminal hours for the use of the “red” and “green” areas. The front area had been amended because it was on the public highway on the pavement.

The outside shown edged green, being the enclosed courtyard to the rear of the premises can be used by customers up until 21:30 for the consumption of alcohol and food. After 21:30, only persons smoking (and limited to no more than 5 in total outside the premises in any outside area) shall be permitted.  Committee members noted that the area immediately outside to the front of the premises and edged in red on the plan, could be used by customers up until 19:00 for the consumption of alcohol and food. After 19:00, only persons smoking (and limited to no more than five in total outside the premises in any outside area) shall be permitted.

7.4  Mr Smith explained that the premises had been given a number Temporary Event Notices (TENs) between June 2017 and May 2018. Mr Smith also explained that he and his client had invited those local residents who had raised objections to the application to a meeting on the 23^rd April 2018 but none had attended.  Addressing directly the objections raised, Mr Smith explained that no licensable activities would take place outside and no food or drink would be served in the area nearest to the railway.  Mr Smith explained that no residents had raised objections to the TENs that had been held.  In a response to a question from sub-committee members, Mr Smith confirmed that it was tabled meals served in the inside and outside areas.  Mr Smith re-iterated, in response to objections raised by local residents; that those residents had been invited to a meeting in late  ...  view the full minutes text for item 7.

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 has been approved in accordance with the Council’s licensing statement and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

·  The Licence be time limited for a period of 18 months from the grant of the application

·  All licensable activities to cease by 23:00hours with a closing time of Midnight on a Monday to Thursday and 02:00hours with a closing time of 02:30hours on a Friday and Saturday

·  Condition 18 be amended to include ‘8’ smokers

·  Condition 19 be amended to include ‘150 persons’ excluding staff

and the following additional conditions:

·  There will be no entry or re-entry into the premises (apart from those patrons that have been smoking) after 01:00hours on a Friday and Saturday

·  Any music played at the premises should be played and/or set to a level to ensure inaudibility in all nearby residential premises all doors and windows shall remain closed when regulated entertainment is taking place.

Reasons for the decision

Members of the Licensing Sub-Committee, after careful consideration of the representations made by the applicant and other person, have with the above amendments and additional conditions, approved the application, as the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.

Public informative

The applicant has agreed and is reminded of the need to surrender the existing premises licence that was granted for part of the premises in 2007.

The applicant is reminded of the need to operate the premises according to any current planning permission relating to its user class, conditions and hours.

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.

8.1  The principal licensing officer, Mike Smith, introduced the application for a premises licence for SET, 27a Dalston Lane, E8 3DF. The proposed licenced activities were plays, films, live music, recorded music, performance of dance, other entertainment similar to live or recorded music or dance  performance, late night refreshment and the supply of alcohol (On Premises). The attendees noted that the responsible authorities (Licensing and Police) had withdrawn their representation following agreement with the applicant.  Additional information had been submitted by the applicant along with information from one other person objecting to the application.

8.2  Andy Newman, the agent representing the applicant, made his submission to the meeting giving a brief overview of the application and the type of business being run on the premises. SET Dalston Lane puts an emphasis on emerging arts and culture and is viewed as a licensed arts centre first and foremost. The emphasis was on culture over entertainment.  Mr Newman highlighted the number of letters of support for the application and the responsible authorities withdrawing their representations. Mr Newman explained that the other person who raised an objection, a Ms Shalina Jinnah, had been contacted about holding a meeting between her and his applicant but to resolve any issues but this did not come to fruition.

8.3  The Licensing Sub-Committee heard from one Other Person, a Ms Shalina Jinnah, objecting to the application.  Ms Jinnah raised concerns about the increased number of people outside the premises late at night particularly at the weekend. While the numbers have dropped, there is still a substantial number of people congregating outside the entrance drinking and smoking. This continues to create a situation where people were blocking the pavement. Ms Jinnah explained that she was not against Arts-led centre but she was against alcohol-led premises.  She was concerned that if the application was granted there might be scope for an increasingly large numbers of people entering and exiting the premises. It was felt that the premises did contravene Hackney’s licensing objectives. Ms Jinnah queried if it was an arts space why was there needed until 02:30 in the morning?

8.4  In response to a question from the Committee Chair, Mr Newman responded that his client was aware of the cumulative impact of the application being near to the Dalston Special Policy Area (SPA). Mr Newman emphasised the number of letters of support from local residents in support of the application. Mr Newman added that the premises had been given several TENs between 9^th March and 29^th April 2018. There had been no objections from the Police to these TENs.  The applicants added to Mr Newman’s response by emphasising their arts led background and how holding events that were not arts led would be direct contravention of SET’s constitution.

8.5  Manager of SET and the Designated Premises Supervisor (DPS), Mr Oliver Tobin, gave a brief overview of the types of events that SET had run. Some of these events included amplified and improvised electronic music.  A lot  ...  view the full minutes text for item 8.

9.1  There were no TENs submitted for consideration at the meeting.