Agenda, decisions and minutes

1.1  Councillor Margaret Gordon was duly elected as committee chair.

2.1   There were no apologies for absence.

3.1  There were no declarations of interest.

RESOLVED, the minutes of the 21^st June 2018 meeting were AGREED as an accurate record.

4.1   The minutes of the 21^st June 2018 meeting were agreed as an accurate record.

5.1  The attendees 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 conditions outlined in paragraph 8.2 of the report with the following amendments to the application and current licence:

·  The Operational Hours of the premises be 09:00 to 03:00 hours the day following from Monday to Sunday.

·  The Opening Hours (to members of the public) be 09:00 to 00:30 hours on Sunday to Thursday and 09:00 to 02:00 hours the day following, on Friday to Saturday. The operational hours of the premises after these times would be for delivery only through online and telephone orders.

·  The supply of alcohol (on-sales) hours be 09:00 to Midnight on Sunday to Thursday and 09:00 to 01:30 hours the day following, on Friday to Saturday

·  Late Night Refreshment be from 23:00 to 03:00 hours the day following from Monday to Sunday (Outdoors) and until Midnight from Sunday to Thursday and until 01:30 hours the day following on Friday to Saturday (Indoors).

·  Conditions 1, 2, 4 & 6 within paragraph 8.2 be deleted, to avoid any duplication or repetition, with the relevant existing conditions being amended as appropriate.

·  Conditions 7 within paragraph 8.2 be amended to include ‘With no deliveries taking place between 23:00 to 07:00 hours the day following’

·  Condition 25, ‘no alcohol to be consumed on the premises after midnight’ and Condition 28, ‘No new admittance to the premises after 04:00 day following’ – be deleted.

·  Condition 8, be amended to read ‘CCTV systems installed to monitor entrances, exits and other parts of the premises, which shall be maintained and recordings kept for 31 days and be made available to the police on request.

·  Condition 11, be amended to read ‘Customers shall be requested to leave the premises quietly, with prominent, clear and legible notices being displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.

·  Condition 19, be amended to read ‘Challenge 25 –age verification policy to be applied with information to be displayed on the premises to prevent the supply of alcohol to under-age drinkers, with photographic proof of ID like a passport to be requested from customers who seem underage.’

·  Condition 26, be amend to read ‘No more than 42 patrons on the premises at any one time’

And the following additional conditions:

·  Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are taking substantial table meals and that the consumption of alcohol by such persons is ancillary to taking such meals. The supply of alcohol shall be by waiter or waitress service only.

·  There shall be no consumption of alcohol in the outside areas. As  ...  view the full decision text for item 6.

6.1  The principal licensing officer introduced the application to vary the premises licence for Tava Restaurant, 17 Stoke Newington Road, N16 8BH.  The proposed variation was for an extension of the hours for the sale of alcohol and to remove the current condition 25 from the premises licence. Committee members noted that representations were received from the Planning Authority on the grounds of the prevention of public nuisance and LP1.  Representations had also been received by the Police on the grounds of the prevention of crime and disorder, public safety, prevention of public nuisance and Special Policy Area (SPA). The Licensing Authority made representation on the grounds of the prevention of Crime and Disorder, Prevention of Public Nuisance and the SPA. The Health Authority meanwhile had made representation on the grounds of the prevention of crime and disorder, prevention of public nuisance and SPA.

6.2  The representative for the applicant began their submission by putting forward to the committee a number of amendments to the times for the licensable activities. These included, for example, the hours for late night refreshment, for Friday to Saturday, the closing time being reduced from 05:00hours to 01:30hours.  The applicant also put forward a number of new conditions including the reduction of the capacity of patron and alcohol being served ancillary to a table meal served by a waiter/waiteress.

6.3  The applicant’s representative explained that his client was not running an alcohol-led premises. This was a unique application in that the business was moving away from the takeaway business to become a restaurant.

6.4  Committee members noted that the applicant had not discussed these recent changes to the application with the Police.  The applicant replied that the adjustments to the conditions would not undermine Hackney Council’s licensing objectives.

6.5  The committee heard representations from the Responsible Authorities. The police in their written submission had raised concerns about the impact of the application on the prevention of crime and disorder and the prevention of public nuisance.  The premises was in the middle of the Dalston SPA and the proposed timings in the application exceed current policy. The police felt that the current authorised hours are late enough and any increase would have a negative impact on the surrounding area.  In a tabled statement the police highlighted that the Hackney Council’s statement of licensing policy section 3.9 stated that each application in the Dalston SPA needed to demonstrate that it would not add any cumulative impact to the area. The police were of the view that this application had not yet demonstrated this and that their concerns had not been allayed. 

6.6  The Licensing Authority in their representation like the police highlighted that the application was in the Dalston SPA and that the area had been identified as suffering from a negative cumulative impact of the concentration of licensed premises in area. Like the police the licensing authority highlighted the proposed additional hours as part of the application. The licensing authority, like the police, highlighted  ...  view the full minutes text for item 6.

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 time-limited application has been approved in accordance with the Council’s licensing statement and the conditions outlined within paragraph 8.1 of the report, along with the following amendment and additional conditions;

·  Live Music commence from 18:00 hours on Monday to Friday

·  Additional conditions;

1.  The capacity of the premises shall be no more than 120 patrons at any one time

2.  All music systems shall be routed through a sound limiting device. The limiting device(s) should be set to ensure inaudibility in all nearby residential premises. The device shall be controlled by the licensee/management and kept in a locked, tamper-proof box. The sound limiting device must be recalibrated annually to ensure that the music is inaudible in nearby residential premises. A certificate of compliance should be submitted to the council’s Environmental Health/Protection Team.

3.  There shall be a written dispersal policy for the premises, which is to be shared with the Responsible Authorities (i.e. the Licensing Service and Police), a copy of which shall be kept on the premises and made available to police and/or other authorised officer upon request.

REASONS FOR THE DECISION

The application has been approved, as members of the Licensing Sub-Committee, after listening carefully to the representations from the applicant and other person were satisfied that the licensing objectives would not be undermined.

In granting the application, the sub-committee believed that the conditions placed on the last time limited licence would be appropriate, given that there had been no complaints about the premises, although the additional conditions were placed on the licence on this occasion to reflect the change in the area. As such although the measures placed on the licence were deemed proportionate to ensure the licensing objectives were promoted the applicant was reminded that the area in which the premises was based had changed considerably since 2015, when the previous time-limited premises licence was granted, as such the applicant was encouraged to continue an ongoing dialogue and engagement with the surrounding local community.

7.1  The Principal Licensing Officer introduced the application for Bootyard, Car Park Rear 18 to 26, Ashwin Street, E8 3DL. Committee members noted that the application was for proposed licensable activity for plays, films, live music, recorded music, performance of dance and the supply of alcohol (on and off premises).  Committee members noted a correction – the premises under consideration was just outside the Special Policy Area (SPA). The attendees also noted that there had been no representations submitted by Responsible Authorities. One representation had also been received on behalf of local residents on the grounds of the prevention of crime and disorder and prevention of public nuisance.

7.2  The legal representative for applicant began by explaining that this was an unusual application. The premises was a car park accessed through the Bootstrap buildings on Ashwin Street from Abbott Street. The Bootyard began as a pioneering project to turn a neglected car park into a new start up space for socially minded business’ and community activities.  The project has been growing organically with Dusty Knuckle Bakery and 40ft Brewery as lead tenants for the space.  The Bootyard has held a premises licence without issue for a two year period which ended in November 2017. Bootyard were now re-applying for a premises licence to enable our stakeholders tenants to continue to operate their business as usual, having used occasional Temporary Event Notices (TENs) in the intervening period for this purpose. Beer, wine and spirits will be served from the tap room bar from the brewery container and will be consumed along with food from the Dusty Knuckle bakery and restaurants containers in the main space.

7.3  Committee members noted that the premises had a loyal following and there had been no reported problems or complaints. The applicant added that there was no impact on the licensing objectives; there was always 24 hour security for Friday and Saturday at least.  There would be one Security Industry Authority (SIA) regulated member of staff on the Saturday. There would always be a door supervisor but the applicant added that was very little evidence of boisterous crowd.  The applicant explained that compared to other neighbouring establishments in the area Bootyard’s actually had shorter hours. The premises would also not rely on deliveries or Uber Eats for example. The applicant re-iterated that the premises was not in the SPA and this was not a new licence. Members were reminded that they did not play loud music and the sound was somewhat dampened the large shipping containers placed within the site.

7.4  In a response to question from Councillors, the applicant explained that the Bootyard was in actually in a container which was quite small. The application was for the outside space.  The applicant re-iterated that loud noise coming from the site was not substantial because of the layout of the site.  Members noted that there was 120 businesses on site with 35 desks being used.  The applicant explained that any money made by Bootyard goes back  ...  view the full minutes text for item 7.

8.1  There were no Temporary Event Notices (TENs) discussed at the meeting.