Agenda and decisions

5.1  The sub-committee heard from the Principal Licensing Officer, agent for the Applicant, the Metropolitan Police and Licensing. During the course of submissions and a discussion of the application, the sub-committee noted the following:

·  It was noted that the applicant had submitted additional information which had been circulated to all parties.

·  Since the publication of the officer report, the applicant proposed to reduce the hours from Sunday to Wednesday to 23.00 to 01.00 hours and if the Sub-Committee were not minded to grant the licence the applicant proposed to also reduce the hours from Thursday to Saturday until 01.00 hours.

·  A dispersal policy and additional measures had also been submitted, which intended to mitigate the cumulative impact on the Shoreditch Special Policy Area (SPA).

·  The Applicant’s agent stated that the local restaurant offered halal food and the premises had received a 5 star rating.

·  They intended to offer a pre-order and collection service only from 23.00 hours to meet the rise in customer demand since Covid-19, and there were no current plans to provide any delivery service.

·  The applicant was a responsible operator with previous experience managing another similar restaurant in Camden for 15 years.

·  A maximum of eight customers would be allowed in the premises at any one time and orders would be served within three minutes to minimise public nuisance in particular prevent queuing on the narrow footways that were extremely busy in the early hours.

·  The applicant stated that he would not serve any intoxicated persons.

·  The last order would be taken 15 minutes before the closing hour so that the premises closed promptly and people were encouraged to disperse from the area.

·  The applicant’s agent confirmed that there was no ventilation ducting at the rear of the premises.

·  The premises licence was transferred to the applicant in July 2022 and he denied any involvement in the incidents of non-compliance witnessed prior to the transfer.

·  An SIA door supervisor would be employed from Thursdays to Saturdays and a staff member would be nominated from Sundays to Wednesdays to monitor the outside area to minimise public nuisance, anti-social behaviour and manage dispersal.

·  All parties agreed that conditions 12 and 13 would need to be amended to reflect the variation in the licence.

·  It was confirmed that the applicant had not applied for non-standard hours.

·  The applicant’s agent made reference to a petition in support of the application but due to printing issues the document could not be submitted.

·  The responsible authorities indicated that the reduction in hours alleviated some of their concerns however, there were residential properties above and adjacent to the premises as well as being located on a busy road within Shoreditch Triangle, which experienced high levels of public nuisance and disorder.  The proposed extended hours would negatively impact on local amenities but the proposed reduced hours would allow the applicant to demonstrate they could be a responsible operator in Hackney.

·  The responsible authority expressed concern with regard to regulating a delivery service on a red  ...  view the full decision text for item 5.

6.1  The sub-committee heard from the Principal Licensing Officer, applicant and Licensing. During the course of submissions and a discussion of the application, the sub-committee noted the following:

·  The applicant had opened a small family Turkish restaurant one year before the emergence of Covid-19 and since the pandemic consumer habits had changed drastically. In order for the business to survive he was seeking to provide hot food for takeaway only after 23.00 hours on Fridays and Saturdays. 

·  The applicant stated that there were many businesses within the vicinity with later opening hours which included St Joseph Hospice and Mare Street Market. The businesses adjacent to the premises were a Chinese takeaway closing at 23.00 hours and a dry cleaners at 19.00 hours.  The area was quiet and there would be minimal disturbance and dispersal issues.

·  The applicant confirmed that he had received no complaints about the extraction system installed at the rear.

·  The applicant agreed to reduce the hours on Fridays and Saturdays to 01.00 from 02.00.

·  The maximum capacity at the premises was 20 persons but the average people allowed inside was approximately 8-10 persons.

·  All music played after 23.00 hours would be background only.

·  There were no complaints received from local residents relating to the premises or objections to the application.

·  The Licensing representative stated that the proposed hours exceeded the Council’s Core Hours and expressed concern that the additional hours of  use could negatively impact  on local amenity due to the residential units on the upper levels of the properties along Mare Street and Beck Road.

·  In their absence, the sub-committee noted the written representation from Planning and that planning permission had been refused in 2019 and the appeal was dismissed. 

·  The Licensing representative stated that the applicant needed to submit a planning application for a variation, which also addressed the Planning Inspector’s concerns relating to lack of information about the opening hours of  other businesses.

·  The applicant indicated that he had made several unsuccessful attempts to contact a planning officer and therefore he had been unable to resolve the planning issue.

·  The applicant understood that if the licence were granted he could not operate without planning permission.

RESOLVED

The decision

Late Night Refreshment

Monday - Wednesday  23:00 - 23:30

Thursday  23:00 - 00:00

Friday - Saturday  23:00 - 01:00

And the following condition:

All food served after 23:00 is for take away only. 

PLANNING INFORMATIVE

The applicant is reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.

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 be made.