Agenda, decisions and 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 Kennedy 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 The minutes of the meeting held on 22 March 2016 were deferred as there was not a Member in attendance that had attended that meeting. |
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Licensing Sub-Committee Hearing Procedure Minutes: 5.1 The Chair outlined the hearing procedure as detailed on page 7 of the agenda. |
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Premises Licence: Papillon Pizza, 5 Mare Street E8 4RP Decision: 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 application has been approved in accordance with the Council’s licensing statement and the proposed conditions set out in paragraph 8.1 and pages 28-29 of the report, with the following amendments:
Standard Hours: Mon – Wed 23:00 – 00:00 Thurs – Sat 23:00 – 01:00 Sun 23:00 – 00:00
Opening Hours of the premises:- Mon – Wed 11:00 – 00:00 Thurs – Sat 11:00 – 01:00 Sun 11:00 – 00:00
and the following additional conditions:
Reasons for the decision The application has been part approved, with the above amendments and additional conditions, as the Licensing Sub-Committee was satisfied that the licensing objectives would not be undermined.
The later hours requested for Thursday to Saturday have been reduced to 1am given LP3 and LP12 of the Council’s Statement of Licensing Policy, as concerns were raised as to the public nuisance issues that could arise by people being kept in the area for longer if the licence was granted to 3am on those days.
Furthermore, the absence of the applicant meant that the Sub-Committee were not able to satisfy themselves that the application had demonstrated that these later hours would not negatively impact on the Licensing Objectives, particularly as issues had been raised as to the applicant’s track record and ability to adhere to any conditions imposed in order to promote the Licensing Objectives.
However, these concerns were mitigated by the fact that this was a time limited application, as such the applicant has been given an opportunity to ... view the full decision text for item 6. Minutes: 6.1 Mike Smith, Principal Licensing Officer, introduced the report for an application for a premises licence. Mike Smith advised that the application had since been amended to a time limited licence for a period of one year, with amendments to the hours as follows:-
§ Hours for Late Night Refreshment:-
Standard Hours: Mon – Wed 23:00 – 00:00 Thurs – Sat 23:00 – 03:00 Sun 23:00 – 00:00
Opening Hours of the premises:-
Mon – Wed 11:00 – 00:00 Thurs – Sat 11:00 – 03:00 Sun 11:00 – 00:00
6.2 Mike Smith advised that Environmental Enforcement had withdrawn their representation following an agreement of the conditions proposed on pages 28/29 of the agenda. The Police and Pollution Team had also withdrawn their representations following an agreement of amended conditions and operating hours.
6.3 Thomas Konarski, Agent, outlined his representation. Mr Konarski stated that Papillon Pizza was a long established hot takeaway food establishment, located within a mixed location of residential, industrial and retail uses.
6.4 Mr Konarski made reference to additional material circulated at the meeting, at the agreement of all parties. He advised that the application had since been amended to reduce the operating hours and for the application to be time limited for one year. He added that the applicants had been in discussions with responsible authorities and had a flexible approach, which he believed would enable the business to be run without any conflict of the licensing objectives.
6.5 Aleyne Fontenelle, Licensing Enforcement, outlined her representation in objection to the application. Aleyne Fontenelle stated that the premises was located within a residential area, in close proximity to the Dolphin pub and Broadway Market. She believed that the application was contrary to LP12 – Licensing Hours, as the Council would not normally grant licences beyond 12 midnight in residential areas, unless the applicant could demonstrate that operating beyond this would not cause undue disturbance to local residents.
6.6 Aleyne Fontenelle made reference to a referral to the licensing enforcement team regarding a breach of conditions regarding the premises operating beyond their current hours of 11pm. On the 1 July 2016 a member of the licensing enforcement team had visited the premises which had operated until 12.15am and the owner had admitted to operating until 1am on certain occasions. The owner had been asked to cease operating beyond their licensable hours until an application had been submitted to extend these hours. She requested that the operating hours be reduced further to a maximum of 1am, Thursday – Saturday.
6.7 In response to a question from Councillor Snell regarding the proposed operating hours, Aleyne Fontenelle stated that although LP12 recommended no later than midnight it was felt that 1am was reasonable given that the premises was located within a busy area.
6.8 Aleyne Fontenelle also believed that the application would result in the licensing objective of public nuisance being undermined and add to the existing problems around the neighbouring area.
6.9 Mr Konarski stated that he had been in contact ... view the full minutes text for item 6. |
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Premises Licence: Volare, 149 Woodberry Grove N4 2SB Decision: The application was withdrawn from the agenda and approved under delegated authority. Minutes: The application was withdrawn from the agenda and approved under delegated authority. |
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Premises Licence: 26 Rivington Street EC2A 3DU Decision: 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 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:
and the following additional condition
Reasons for the decision The application has been approved, with the above amendments and additional conditions, as the Licensing Sub-Committee was satisfied that the licensing objectives would not be undermined.
The Licensing Sub-Committee took into consideration the following factors when granting this application, which is based in the Shoreditch SPA;
The sub-committee felt these factors, when taken together, merited the application being regarded as exceptional.
Minutes: 8.1 Mike Smith, Principal Licensing Officer, introduced the report for an application for a premises licence. Mike Smith advised that the applicants had submitted a Design & Access Statement which had been previously circulated to Members. The Police had since withdrawn their representation following an agreement of amended conditions.
8.2 Munar Shah and Jonathan Lawson, Applicants, outlined the application. The Applicants stated that it had been difficult to determine what was deemed as exceptional in terms of licensing policy. The Applicants advised that they had met with the Police to discuss their application, who had now withdrawn their representation following an agreement of amended conditions. They did not believe that the representation from Licensing Enforcement was fair as it was only based on LP13 and they had been unable to discuss their application with Licensing Enforcement officers before the meeting. In response, the Legal Officer confirmed that it was a relevant representation.
8.3 The Applicants advised that the premises was located within a Grade II listed building which would be fully restored back to its original glory. They had an incredible team in place to help run the business and would work closely with Hackney College to encourage local employment. The premises would be a high quality establishment, providing a high level of knowledge and training in the restaurant business. The Applicants had worked with some of the best chefs in the business, including Theo Randall.
8.4 The Applicants explained that the premises currently employed two people and that the proposed business would employ around 18 people. They stated that alcohol was crucial to the viability of the business, however given the nature of the proposal it would not encourage binge drinking. The Applicants added that they were using all of their own money to fund the business which would bring character and personality to the area.
8.5 Aleyne Fontenelle, Licensing Enforcement, outlined her representation in objection to the application. Aleyne Fontenelle stated that the premises was located within the Shoreditch Special Policy Area (SPA), which was already saturated with bars and restaurants. The application was contrary to LP13 – Special Policy Area – Shoreditch, as it was felt that the Applicants had not demonstrated the exceptional circumstances surrounding the business. She added that although she was objecting to the application, she had no reason to doubt the Applicants or that the business would not be run responsibly.
8.6 Councillor Snell made reference to the plan detailed on page 106 of the agenda, as he was concerned that the layout looked more like a bar than a restaurant. In response, the Applicants explained that they had modelled their layout on a similar Michelin star restaurant in Soho, which provided seats around a bar type area. Due to the constraints of the premises, every space would be useable, with fresh produce delivered every day.
8.7 The Applicants believed that they would provide an exceptional business, which enhanced the local area and helped local people through providing local employment and apprenticeship opportunities. ... view the full minutes text for item 8. |
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Temporary Event Notices - Standing Item Minutes: 9.1 There were no Temporary Event Notices to consider. |