Agenda and decisions

Decision

The Licensing Sub-committee in considering their decision from the information that was presented 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 to vary the premises licence has been refused in accordance with Licensing Policies LP1, LP2 and LP10 within the Council’s licensing statement.

Reasons for the decision;

The Licensing Sub-committee, having heard from the responsible authorities and other persons believed that granting the proposed variation application was likely to result in the licensing objectives, particularly the prevention of public nuisance and of crime and disorder, being undermined.

The Sub-committee took into consideration the representations made by the Licensing Service, the Metropolitan Police and from the other persons/residents, who had raised objections to the proposed application due to the negative impact it would have within the Dalston Special Policy Area.

It was noted that the applicant seemed unclear as to the extent of the variation that he was actually seeking and had changed position on more than one occasion during both the application process and when presenting their case at the hearing, which both the Sub-committee along with those who had made representations found confusing. It was also felt that this detracted from applicant’s argument about having a good understanding of the area, as otherwise the application would have been limited from the outset to hours, activities and conditions that were more appropriate for the nature of the area.

The Licensing Sub-committee, after hearing from the applicant, also had some concerns as to whether they were currently complying with the condition on their licence relating to patrons having a substantial table meal by waiter/waitress service only.

After having heard from all parties, the applicant had failed to convince the Licensing Sub-committee that the proposed additional hours of trading, especially until 05:00 hours, would not add to the negative impact that is currently being experienced in the area. In making this decision the Sub-committee believed that if the application was granted this would result in more people staying and drinking in the area for longer. And thereby adding to traffic related nuisance, more litter from takeaway food, greater motor vehicle nuisance from takeaway deliveries late at night as well as other more general forms of nuisance and disorder. Therefore, the Sub-committee felt that approving the variation to the licence would undermine the Licensing objectives.

In refusing this application, the Sub-committee also felt that the applicant had failed to sufficiently demonstrate suitable measures, which could responsibly manage and mitigate the likely negative cumulative impact that the proposed additional hours would have on the Dalston Special Policy Area.

The decision

The Licensing Sub-Committee RESOLVED that the application for a premises licence be ADJOURNED for the Applicant to facilitate a meeting with the OPs/Residents that have made representations against the application, in order to try and resolve the issues by providing better clarity as the proposed application and what is intended to take place at the premises, with a view to overcoming their objections, if possible.