Agenda, decisions and draft minutes
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Contact: Natalie Williams, Governance Services Officer Tel: 020 8356 8407 Email: governance@hackney.gov.uk
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Election of Chair Minutes: 1.1 Councillor Plouviez was duly elected to chair the meeting. |
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Apologies for Absence Minutes: 2.1 There were no apologies for absence. |
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Declarations of Interest - Members to declare as appropriate Minutes: 3.1 There were no declarations of interest. |
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Minutes of the Previous Meeting Minutes: 4.1 RESOLVED: that the minutes of the meeting held on 8th December 2015 be approved as a true and accurate record. |
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Licensing Sub-Committee Hearing Procedure Minutes: 5.1 The Chair outlined the Licensing Sub Committee hearing procedure on page 7 of the agenda for all parties present. |
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Variation of Premises Licence : Oslo, 1-3 Amhurst Road, E8 1LL Decision: The decision The 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 application has been approved in accordance with the Council’s licensing statement, with the following amendment:
Reasons for the decision The application has been approved, with the above amendment, as the Licensing Sub-Committee felt that there was an insufficient basis to refuse the application for longer hours, although the concerns of both the Police and Licensing Enforcement were noted with regard to the negative impact that the longer hours could have on the licensing objectives within the area. However, the Sub Committee felt that this could be adequately monitored by the Responsible Authorities going forward.
Therefore, on balance the Sub-committee believed that the longer hours should be granted.
Public Informative 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 or has been made.
Minutes: 6.1 Mike Smith, Principal Licensing Officer, introduced the report in respect of an application for a variation of a premises licence as set out on page 9 of the agenda. In summary, Mike Smith advised that the application sought to extend the hours of licensable activity on Thursday, Friday and Saturday. In addition, it sought to remove condition 15 which reads “The limiting devises must be set to ensure inaudibility in all nearby residential premises and a certificate of compliance must be submitted to the Pollution Team”.
6.2 Mr Walaiti Rathore, the applicant’s solicitor made submissions. Speaking in favour of the application, he contended that there was no legal or evidential basis for the Sub Committee to refuse the application. He stated that the applicant had worked with the robust conditions that had been imposed and had demonstrated being a responsible operator. In support of this, he highlighted that there had not been any premises specific incidents reported. It was also noted that there were no representations from residents or neighbouring businesses.
6.3 In reference to outstanding planning issues, Mr Rathore requested that the Licensing Sub Committee draw no inference or be bound by outstanding planning issues. He informed Members that these were being addressed and a planning application had been recently submitted to vary the current planning conditions.
6.4 In reference to condition15 of the operating schedule, Mr Rathore stated that this was an anomaly from the previous hearing. Following discussions between the Sub Committee, applicant and Mr Rathore, it was agreed that this condition would be deleted and condition 28 re-worded.
6.5 Brian Sharkey, police officer made submissions and objected to the application on the grounds of: the prevention of crime and disorder, public safety, and the prevention of public nuisance. It was reported that Hackney Central had become an increasingly busy area with a new night time economy. It was noted that whilst there were no real issues with the current operators, there were concerns about the negative cumulative impact extended hours of licensable activity would have on the surrounding area. The premises was reported to have a capacity of 350 on the first floor.
6.6 Catherine Slade, planning representative made submissions, objecting to the application on the grounds of public nuisance. It was reported that the premises is located immediately adjacent to two floors of residential accommodation on Amhurst Road. The Sub Committee was informed that planning permission was granted in 2013 for a change of use from a restaurant and bar to a restaurant and bar with live music, dancing and entertainment. It was noted that the proposed opening hours exceed the hours authorised under the current planning permission. Condition 5 which relates to the testing of the effectiveness of soundproofing was reported to have not been met. 6.7 Darren Reilly, Licensing representative made submissions, objecting to the application on the grounds of the prevention of public nuisance. Referring to LP12 (Licensing Hours), it was highlighted that the premises was situated in a residential area ... view the full minutes text for item 6. |
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Premises Licence : Savure, 20 Paul Street, EC2A 4JH Decision: This item was withdrawn as it was approved under delegated authority. Minutes: This item was withdrawn as it was approved under delegated authority. |
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Variation of a Time Limited Premises Licence : Red Gallery, 1-3 Rivington Street, EC2A 3DT Decision: The decision The Sub-Committee has agreed to defer this item.
Reasons for the decision The Sub-Committee has deferred the item given that there was a dispute as to the current licensed area and therefore the degree of extension being applied for, within the Council’s adopted SPA. The Sub Committee expect the applicant and Licensing Department to have sufficient clarity and agreement when the matter is scheduled to be heard again.
Minutes: Councillor Brian Bell in the Chair.
8.1 Mike Smith, Principal Licensing Officer, introduced the report in respect of an application for a variation of a premises licence as set out on page 77 of the agenda. In summary, Mike Smith advised that the application sought to extend the licenced area to include the ground floor.
8.2 Mr Andrew Woods, the applicant’s solicitor made submissions. Speaking in favour of the application, Mr Woods informed the Sub Committee that he believed that the basement area and part of the ground floor was currently licenced as part of an application which was approved as a time limited licence in 2013 and further extended in 2015.
8.3 Following questions, the Sub Committee was unable to clarify which specific areas were currently licenced and which were being sought by the application. They were particularly mindful that this fell within the adopted SPA. Subsequently with the agreement of all parties present, it was agreed to defer this item.
8.4 RESOLVED that: The application be deferred.
Reasons for the decision The Sub-Committee has deferred the item given that there was a dispute as to the current licensed area and therefore the degree of extension being applied for, within the Council’s adopted SPA. The Sub Committee expect the applicant and Licensing Department to have sufficient clarity and agreement when the matter is scheduled to be heard again.
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Temporary Event Notices - Standing Item Decision: There were no Temporary Event Notices for consideration. |