Agenda, decisions and minutes

1.1  Cllr Gilbert Smyth was elected as the Committee Chair.

2.1  There were no apologies for absence.

3.1  In the interest of openness and transparency, in relation to agenda item 6 Heart of Hackney. Cllr Smyth advised that he had used the Turkish restaurant next to the Heart of Hackney.

4.1  None.

5.1  The meeting participants noted the 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 for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the conditions set out in paragraph 8.1  of the report, with the following amendments agreed with the Applicant :-

Condition 19 shall be amended as follows: 

“The garden area shall close and cease to be used from 18:00 each day.

The tables and chairs in the outside area shall be rendered unusable after that time”.

Condition 20 shall be amended as follows:

After 21:00 no more than 6 smokers will be permitted at the front of the premises at any one time.

And the following condition to be added to the premises licence :

The applicant shall appoint an acoustic consultant registered with the IOA to conduct a music noise survey on the main premises ceiling and the flats immediately above the premises within three months of the opening of the premises with recommendations on suitable mitigation for any excessive music noise from the premises. The agreed acceptable music sound levels to be then set on the sound limiter and calibrated to the satisfaction of the Environmental Protection Team.

The contact details of the duty manager and the Designated Premises Supervisor to be on display where it can be easily read from the exterior of the premises.

Refuse/Recycling of bottles are permitted to be placed in the external receptacles or in areas outside the premises between 09:00 and 17:00 each day.

No barbecues shall be permitted in the garden area.

The Freehold owner, Mr Ali Abaci, shall be excluded from the premises and shall not undertake any activities related to the management of the business. This shall include but shall not be limited to any directorship, shareholding, direct employment, employment as a contractor, advisor or supplier.

The maximum of 20 persons shall be permitted in the garden at any one time.

No smokers shall be permitted in the garden area.

The  Premises Licence Holder shall submit a written Dispersal Policy to be approved by the Licensing Authority and the Police. The approved Dispersal Policy shall be implemented at the premises. All staff shall be briefed 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 Premises Licence Holder shall organise and publicise a meeting for local residents to discuss the operation of the premises and address any issues at least every 3 months. The frequency of meetings may be varied by agreement between the Premises Licence Holder and local residents.

Reasons for the decision

The Licensing Sub-committee approved the application for a premises licence with amended hours for use  ...  view the full decision text for item 6.

6.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer (Acting), the agent for the applicant, the applicant and various other persons speaking in objection. The application was for a premises licence to allow authorisation for the provision of regulated entertainment and sale of alcohol on Monday to Sunday. Prior to the meeting the Responsible Authorities (Environmental Enforcement, Environmental Protection and the Police had withdrawn their submissions after the applicant had accepted their conditions. The Licensing Authority had no representation for the application. The other persons had made representations on the grounds of the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm.

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

·  In response to a query regarding the playing of music on the premises, the agent for the applicant replied that no music would be played in the garden. Members noted that the garden would be closed after 6:00pm;

·  The Other persons welcomed the news that the applicant had agreed a number of conditions with the Police and the Council’s Environmental Enforcement and Protection teams. However, some of the other persons disputed an ascertain that the site had always been a traditional family pub. They stressed that going forward the pub must be at the heart of the community;

·  Replying to a question from one of the Sub-Committee members, the agent for the applicant responded that his client understood local residents' concerns about the garden and its proximity to their homes. The applicant had been in discussion with the Police and a number of conditions had been agreed relating to both the exterior and interior;

·  Committee members noted that no loud speakers would be installed on site;

·  Replying to a question from the Committee members, the agent for the applicant responded that Council Officers had submitted a noise report and that the maximum number of people in the garden would be limited to 20 persons. The agent for the applicant added he was not sure what else his client could do to be more accommodating in addressing local residents’ concerns;

·  In a response to a question from the other persons, the agent for the applicant replied that it would be too expensive to re-brand the pub. It was noted if the application was to be granted the pub would not open immediately;

·  Replying to a question from the Sub-Committee about how the pub would be family-orientated, the agent for the applicant  responded by citing examples such as a child’s menu and arrangements had been made with the restaurant next door to sell pizzas;

·  Responding to a question from the other persons, the agent for the applicant replied that while it was recognised that some neighbours were working from home it might not be practicable to close the garden earlier than 6:00pm to reduce the noise coming from that area. Some patrons with their children during the summer  ...  view the full minutes text for item 6.

In light of the uncertainty over the current status of the SPA in relation to the review of the licensing policy and its impact on the application before the Sub Committee, the members agreed to adjourn the hearing. The application for a variation to a premises licence for the Doner store would be resubmitted for consideration and decision at a future Licensing Sub-Committee meeting.

7.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer (Acting), the agent for the applicant and the Responsible Authorities (the Police and Licensing). The application was to vary a premises licence to extend late night refreshment until 02:30 am on Thursday to Saturday. The premises was in the Dalston Special Policy Area (SPA) area. The Police had made a representation on the grounds of the prevention of crime and disorder and the prevention of public nuisance whilst the Licensing Authority had made representation on the grounds of prevention of public nuisance.

7.2   During the course of the discussion the agent for the applicant raised a query regarding the current status of the Dalston SPA. It was understood that a review of the Statement of Licensing Policy and Cumulative Impact Assessment was currently underway which included a re-assessment of the status of the SPAs. The agent for the applicant explained that they had submitted an application on the basis that the SPA was not currently active. Committee members in discussion took the view that it was unclear as to the current status of the SPA and that clarification should be sought from the Licensing Service. It was understood that the Licensing Policy would be considered at the July 2023 Council meeting.

7.3  In light of the uncertainty over the current status of the SPA in relation to the review of the licensing policy and its impact on the application Sub-Committee members agreed to adjourn the hearing. The application would be resubmitted for consideration and decision at a future Licensing Sub-Committee meeting.

8.1  None.