Agenda, decisions and draft minutes
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Contact: Jessica Feeney, Governance Services Officer Tel: 020 8356 8407 Email: governance@hackney.gov.uk
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Election of Chair |
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Apologies for Absence |
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Declarations of Interest - Members to declare as appropriate Minutes: There were no declarations of interest. |
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Licensing Sub-Committee Hearing Procedure Minutes: Members of the committee noted the Licensing Sub-Committee Hearing Procedure. |
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Application for a Premises Licence - Red Planet Pizza, 26 Kingsland Road, E2 8DA Decision: 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 for Late Night Refreshment be refused in accordance with Licensing Policy LP4, LP5 and LP13 within the Council’s licensing statement.
Reasons for the decision
The Licensing Sub-Committee, having heard from the Applicant, Responsible Authorities and Other Person at the hearing and having considered the documents provided both in support and against the application, was not satisfied that the exceptional circumstances had been met for a venue that is situated in one of the busiest parts of the Shoreditch SPA.
The Sub-Committee believed that by granting extended hours and thereby a premises licence, it was likely to add to the negative cumulative impact that is already being experienced, by enabling more people to stay in a location that already has an extremely high footfall, for an even greater period of time. This would seem likely to exacerbate the crime, disorder and public nuisance related issues and thereby increase the problems from which the area is currently suffering.
Careful consideration was also given to the proposals put forward by the Applicant in trying to demonstrate that the licensing objectives would not be undermined. However, the Sub-Committee accepted that the acute problems suffered by the concentration of premises in this specific location was so great that the proposals submitted by the Applicant did not alleviate their concerns.
In making this decision, the Sub-Committee accepted that there had been an improvement in the operation of the premises since the Applicant had taken over the premises and as such the outcome may have been different if the premises was outside of the Shoreditch SPA. Notwithstanding this, the Sub-Committee, when having particular regard to the concerns raised in relation to LP13 within the Council’s Statement of Licensing Policy, felt that they would not be promoting the licensing objectives if the application was approved.
Minutes: The Principal Licensing Officer introduce the report to members of the committee. Members were advised that environmental health had withdrawn their representation.
The Applicant was invited to the committee to make his statement. It was explained that the applicant would not demonstrate any disturbances as residents experienced with the previous premises licence holders. The Applicant highlighted that they respected the nearby neighbours.
The Licensing Offer made an objection as a responsible authority. It was explained that the premises was located in the Shoreditch Special Policy Area (SPA) therefore Policy LP13 applies. The Committee was advised that it was the Council’s policy that was a relevant representation is made to any application within the area of the Shoreditch SPA, the application will be refused unless there are exceptional circumstances.
The Police Service also made a representation, PC Ryan explained that this premises was located in one of the busiest stops in Shoreditch as there was a long bank of licenced bars surrounding it. The Police were familiar with the application as the police received it when the licence holders consistently breached their conditions, therefore the premises was revoked. Members were advised that people naturally loitered outside and around a hot food establishment during the early hours of the morning. The Polices requested that the premises ceased operation at 23:00 Monday- Sunday.
The Committee welcomed the other persons to make there representations the following points were raised: · Noise nuisance · Crime – many attempts had been made to break into neighbours properties, camera door bell had been broken beyond repair. · Large congregations of people. Fights occasionally broke out. · Excess litter · Intoxicated people.
The applicant explained that during the first week of operation they were unaware that the licence has been revoked but after a visit from the Police they were advised that the premises was revoked and did not trade after 23:00.
The Members of the committed queried what the exceptional circumstances for the application were. The Applicant advised that they would put any measure to stop public nuisance and highlighted their good character and respect for surrounding neighbours.
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 for Late Night Refreshment be refused in accordance with Licensing Policy LP4, LP5 and LP13 within the Council’s licensing statement.
Reasons for the decision
The Licensing Sub-Committee, having heard from the Applicant, Responsible Authorities and Other Person at the hearing and having considered the documents provided both in support and against the application, was not satisfied that the exceptional circumstances had been met for a venue that is situated in one of the busiest parts of the Shoreditch SPA.
The Sub-Committee believed that by granting extended hours and thereby a premises licence, it was likely to add to the ... view the full minutes text for item 5. |
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Application for a Premises Licence- Tortilla, 16 Kingsland High Street E8 2JP Decision: The 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 agreed amendments:
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.
Minutes: Councillor Etti left the meeting.
The Principal Licensing Officer introduced the report members of the committee.
The Applicants representative was invited to the committee to make his supporting statement. It was highlighted that tortilla was an established restaurant chain which has 32 restaurants over the UK. Members were advised that the conditions would tightly control the licences operation and would not at the late time economy. All alcoholic drinks would be sold at the required minimum drinks price standard and there would be no alcoholic drink offers.
The Licensing Officer was welcomed to the committee to make his statement. A representation was made in relation to the application as the premises was located within the boundary of the Dalston Special Policy Area (SPA). The proposed hours exceeded those as set out in LP14. It was highlighted that the covering letter accompanying the application made specific reference to the premises as a “bar”. However the licence was granted in 2015, the description of the premises given to the Licensing Sub Committee was a “small Restaurant”. Members were also advised that the Police Licensing Unit had found the premises operating after the hours permitted.
The Police were invited to the committee to make their statement. PC Ryan requested further information in relation to the outside space, the applicant confirmed that there would be no external use or off-sales.
The 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 agreed amendments:
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.
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Decision: The 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, as agreed with the Police:
- The responsible sale of alcohol - The prevention of underage sales of alcohol, the Challenge 25 policy and in checking & authenticating accepted forms of identification. - The responsibility to refuse the sale of alcohol to any person who is drunk. - Fire safety & emergency evacuation procedures. Refresher training will be given to all relevant staff every twelve months. Written records of this training shall be kept on the premises and produced to police or other authorised officer upon request.’
and the following additional conditions to be added:
· When licensable activities are taking place at the premises, the number of smokers using the courtyard (designated smoking area) should be limited to 5 persons at any one time after 22.00 hours. · The applicant is to ensure that between 23:00 hours and 08:00 hours, amplified music at the premises (The Yard Shoreditch 89 & 1/2 Worship Street Shoreditch London EC2A 2BF) is played through a sound limiting device to be set by a registered member of Institute of Acoustic or other similar professional body. The level should be set such as not to cause nuisance to the nearest noise sensitive receptor.
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 Sub-Committee determined that the additional conditions were appropriate after having heard about the complaints and concerns raised. It was felt that these amended conditions would ensure that the licensing objectives are not undermined given both the capacity of the premises and ... view the full decision text for item 7. Minutes: The Principal Licensing Officer introduced the report members of the committee, members were informed that the police and other persons had withdrawn their representations, although environmental health were maintained their objection.
The Applicants representative was invited to the committee to make his supporting statement. It was stated this the applicants were a reputable company and that licence would be used for private events, members were advised that the venue would not be used on a regular basis.
The Environmental health officer was invited to make his statement. The committee was informed that the applicant was expected to demonstrate within the application that problem such as noise and smoke can be minimised through steps they purpose. It was requested that the applicant restricted the hours of use of the courtyard area with 5 smokers outside the premises after 21:00, and to install a noise limiter.
The applicant’s representative felt that it was not necessary for the premises to have a limited number of persons smoking outside and a noise limiter within the premises. Reasoning for this due to the premises not receiving any complaint in relation licensable activities, although members were advised there was a private event in 2013 and 2016 where 2 complaints were received.
Councillor Patrick questioned if there was any housing surrounding the courtyard, it was confirmed by the environmental health officer that they was flats directly above the courtyard.
The Applicants representative felt hat a noise limiter would be difficult to maintain considering the different function that would take place. The Environmental Health Officer advised that a noise limiter could be plugged in by the applicants and would not need to be adjusted or maintained by offer users of the premises.
The applicants representative stated that it was felt that a noise limited was not an investment that was necessary it was added that the premises was no in the Special Policy Area and that there were no representations from members of the public. Members were informed that all events were pre booked and there would be a door supervisor at all times.
The 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, as agreed with the Police:
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Temporary Event Notices - Standing Item Decision: There were no temporary event notices. |