Agenda, decisions and minutes

1.1  Councillor Fagana-Thomas was duly elected as Chair.

2.2  There were no apologies for absence.

3.1  There were no declarations of interest.

4.1  There were no minutes of the previous meeting.

5.1  The Sub-Committee noted the procedure to be followed at the meeting.

4.1  The Licensing Team Leader introduced the application from Palash

Chandra to  vary a premises licence to authorise the supply of alcohol off the premises 24 hours daily Monday to Sunday under section 34 of the Licensing Act 2003.

4.2  The Applicant, Palash Chandra made submissions in support of the

Application, highlighting that there was customer demand for later hours at the premises.

4.3  The Chair asked for clarification as follow:

·  What plans were in place for a 24 hour operation;

·  The operating hours went beyond the hours in planning permission;

·  The nature of the shop - customer/ alcohol split.

4.4  The applicant confirmed that additional staff would be recruited and the

appropriate planning permission was in place. The premises sold daily

provisions and alcohol.

4.5  The Principal Licensing Officer made submissions against the

application, highlighting the following:

·  There were concerns that the additional hours could lead to public nuisance in the area with the Licensing Objectives bring undermined;

·  That there was no representations from Planning;

4.6  Councillor Ian Rathbone made submission against the application,

highlighting the following:

·  That there were no other premises on the street;

·  The street was family friendly;

·  The area was residential and there was agreement with the Council that there be no licensed premises after midnight;

·  Granting the licence would encourage others to apply for a licence;

·  A resident with children had expressed concerns about the licence;

·  There was an issue with planning permission at the premises;

4.7  Councillor Lynne Troughton made submissions against the application,

highlighting the following;

·  The area was residential;

·  There had been an increase in licensed premises in the area;

·  A policy of restricting opening hours was in existence;

·  There would be a negative impact on other residents in the area;

·  The granting of the licence would make it difficult for the Council to refuse other such applications;

·  Granting the licence could lead to anti-social behaviour in the area;

4.8  The Chair asked how the applicant would mitigate the concerns

  expressed about the application. 

4.9  Councillor Suso Runge asked for clarification in regard to customers

after 11pm and what parking was available in the vicinity of the premises.

4.9  The applicant submitted that there was customer demand after 11pm and that most of the customers walk to the premises and do not require parking bays. 

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 prevention of crime and disorder;

Public safety;

Prevention of public nuisance;

The protection of children from harm;

the application to vary a premises licence has been refused in accordance with Licensing Policies LP1, LP2, LP3 and LP4 within the Council’s Statement of Licensing Policy.

Reasons for the decision

The Licensing Sub-Committee, having heard from the Responsible Authorities (the Licensing Authority and the Metropolitan Police Service (“the Police”) believed that granting this application is likely to result in the licensing  ...  view the full decision text for item 6.

6.1  The Licensing Team Leader introduced the application from Palash

Chandra to  vary a premises licence to authorise the supply of alcohol off the premises 24 hours daily Monday to Sunday under section 34 of the Licensing Act 2003.

6.2  The Applicant, Palash Chandra made submissions in support of the

Application, highlighting that there was customer demand for later hours at the premises.

6.3  The Chair asked for clarification as follow:

·  What plans were in place for a 24 hour operation;

·  The operating hours went beyond the hours in planning permission;

·  The nature of the shop - customer/ alcohol split.

6.4  The applicant confirmed that additional staff would be recruited and the

appropriate planning permission was in place. The premises sold daily

provisions and alcohol.

6.5  The Principal Licensing Officer made submissions against the

application, highlighting the following:

·  There were concerns that the additional hours could lead to public nuisance in the area with the Licensing Objectives bring undermined;

·  That there was no representations from Planning;

6.6  Councillor Ian Rathbone made submission against the application,

highlighting the following:

·  That there were no other premises on the street;

·  The street was family friendly;

·  The area was residential and there was agreement with the Council that there be no licensed premises after midnight;

·  Granting the licence would encourage others to apply for a licence;

·  A resident with children had expressed concerns about the licence;

·  There was an issue with planning permission at the premises;

6.7  Councillor Lynne Troughton made submissions against the application,

highlighting the following;

·  The area was residential;

·  There had been an increase in licensed premises in the area;

·  A policy of restricting opening hours was in existence;

·  There would be a negative impact on other residents in the area;

·  The granting of the licence would make it difficult for the Council to refuse other such applications;

·  Granting the licence could lead to anti-social behaviour in the area;

6.8  The Chair asked how the applicant would mitigate the concerns

  expressed about the application. 

6.9  Councillor Suso Runge asked for clarification in regard to customers

after 11pm and what parking was available in the vicinity of the premises.

6.10  The applicant submitted that there was customer demand after 11pm and that most of the customers walk to the premises and do not require parking bays. 

6.11  There were no closing submissions.

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing 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; and

·  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 proposed conditions set out in paragraph 8.1 of the report as applied for with the following amendments agreed with the Applicant.

? The hours for licensable activities, shall be, as agreed:

Live Music

Monday to Thursday    20:00 - 22:30

Thursday  20:00 - 23:00

Friday to Saturday    20:00 - 23:30

Sunday  20:00 - 22:30

Recorded Music

Monday to Thursday    20:00 - 22:30

Thursday  20:00 - 23:00

Friday to Saturday    20:00 - 23:30

Sunday  20:00 - 22:30

Late Night Refreshment:

Friday to Saturday    23:00 - 23:30

Supply of Alcohol

Monday to Thursday    11:00 - 22:30

Friday to Saturday    11:00 - 23:30

Sunday  11:00 - 22:30

Opening hours

Monday to Thursday    10:00 - 23:00

Friday to Saturday    10:00 - 00:00

Sunday  10:00 - 23:00

And additional conditions:

·  Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are taking substantial table meals and that the consumption of alcohol by such persons is ancillary to taking such meals. The supply of alcohol shall be by waiter or waitress service only.

·  All off sales of alcohol sold or supplied for consumption off the premises must be in a sealed container and are to be sold only with food orders.

·  The capacity of the premises shall be no more than 42 persons at any one time.

·  There shall be no more than 3 smokers at any one time outside.

·  1 SIA Security door staff on Fridays and Saturdays.

·  A noise limiter to be set and agreed with the Environmental Protection Team.

·  The Applicant to provide a Delivery Management Plan to the Licensing Authority for approval.

·  The Licensee shall ensure that all relevant staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. The procedure for handling and preparing for disposal of the waste shall be in writing and displayed in a prominent place where it can be referred to at all times by staff.

·  The Licensee shall ensure that any contract for general and recyclable waste disposal shall be appropriate in size to the amount of waste produced by the business. The Licensee shall maintain an adequate supply of waste receptacles provided by his registered waste carrier (refuse sacks or commercial waste bins) in order to ensure all refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.

·  In order to minimise the amount of time any  ...  view the full decision text for item 7.

7.1  The Acting Principal Licensing Officer introduced the application from

  Joshua Shakes-Drayton for a premises licence under section 17 of the

  Licensing Act 2003. The application seeks to authorise live music,

  recorded music, late night refreshment and to authorise the supply of

  alcohol for consumption on and off the premises on Monday to Sunday

7.2  Mr Hunter, the applicant’s agent highlighted the following:

·  That security would be provided at the premises;

·  Appropriate training would be made available for staff at the premises;

·  Deliveries would be at 8am and 8pm;

·  Outside table meals with alcoholic drinks;

·  A sound limiter would be in place;

·  Seated capacity would be 42.

7.3  The Principal Licensing Officer made submissions against the

  application as follows:

·   

·  The premises was  in the Special Policy Area;

·  The hours applied for went beyond core hours;

·  There was no Delivery Operations Plan;

·  There was a need for clarification on the nature of the delivery service;

·  The premises was located near to Dalston Square where there was a prevalence of Anti Social Behaviour;

·  How had the applicant demonstrated that the increased hours would add to cumulative impact in the area;

·  That this was to be a seated premise was welcomed.

7.4  The applicant, Joshua Shakes-Drayton highlighted the following;

·  That he was aware that the premise was located in the Special Policy Area;

·  That the Police had visited the shop. There had been concerns regarding a previous premise owner;

7.5  The Chair clarified that in the transfer of the licence it had not been

  made clear that the licence had lapsed.

7.6  The Sub-Committee asked for clarification on

·  If developments mitigated any cumulative impact and if the applicant;

·  If the applicant would accept core hours;

·  clarification on the circumstances around the Police visit to the premises following the use of the premises without a licence;

·  clarification in relation to the  door policy/ egress at the premises;

·  Clarification on the nature of the premises - whether it was a bar or restaurant;

·  Who was to be the Designated Premises Superviser;

·  Would the applicant to no loud music or vertical drinking;

·  Clarification on the smoking policy at the premises.

7.7  The Principal Licensing Officer confirmed that core hours at the premises

  would be welcomed and that there was a need for clarification on the 

  nature of Off-Sales.  He submitted that there would be a need for a

  specific condition on hiring out the premises.

7.8  Following questions posed the applicant highlighted:

·  Agreement to restrict Off Sales to delivery only;

·  Agreement to Core hours at the premises;

·  Agreement to no loud music or vertical drinking;

·  That entertainment at the premises would consist of a saxophone player or poetry reading;

·  In relation to the use of the premise without a licence, the premise had been hired out on these occasions with no sale of alcohol;

·  There was to be a door supervisor at the premises;

·  The premises was to be a sit down restaurant with music;

·  A Designated Premises Supervisor had been identified;

·  The number of smokers  ...  view the full minutes text for item 7.

8.1  There were no temporary events notices.