Agenda, decisions and minutes

1.1  Cllr Smyth was elected as Chair.

2.1  None.

3.1  None.

4.1  None.

5.1  The Chair of the Sub-Committee outlined the hearing procedure for the meeting participants.

6.1  Following publication of the agenda this item was approved under delegated authority.

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; 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, with the following amendments:

Late Night Refreshment:

Friday - Sunday  23:00 - 01:00

The opening hours of the premises:

Monday - Thursday 10:00 - 23:00

Friday- Sunday 10:00 - 01:00

Amend condition 12 as follows:

" 12. An SIA (1) door supervisor shall be employed on Friday- Sunday evenings from 21:00 until 30 minutes after the premises close. When employed, all SIA staff shall wear a high visibility armband or vest to be easily identifiable. They shall enter their name, address, SIA number and times they begin and finish their shift in a daily register. If employed by an agency all agency contact details shall be recorded also".

And the following conditions to be added to the Licence: :

·  No deliveries shall be permitted.

·  No alcohol is permitted to be consumed on the premises.

·  No take away food or food delivery is permitted.

·  All food shall be served on dining plates with cutlery and shall only be eaten on the premises.

·  No food containers or plastic cutlery or other single use plastic  items are permitted to consume food on the premises.

Reasons for the decision

The application for Late Night Refreshment has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined in the Dalston Special Policy Area (Dalston SPA).

The Sub-committee took into consideration that Environmental Enforcement agreed conditions in advance of the hearing with the Applicant and withdrew their representation.

The Sub-committee took into consideration the representations made by the  Metropolitan Police Service (“the Police”) that the Applicant agreed most of their conditions, and the Police concerns were overcome, however, they still objected to the late hours the Applicant was seeking Friday - Sunday until 05:00.

The Sub-committee took into consideration the representations made by the Licensing Authority that the premises is located in the Dalston SPA therefore it is subject to policy LP10. This area has been identified as suffering from negative cumulative impact as a result of the high concentration of licensed premises.

The Sub-committee took into consideration the objections raised by local residents that live close to the premises, the anti-social behaviour that they believe will have a significant impact on local residents, and that it will add to the cumulative impact in the Dalston SPA.

The Sub-committee took into consideration the Applicant’s representation that the premises is a restaurant and not a take away and that it is a small premises with 5 tables and 4 chairs with up to 20 seated  ...  view the full decision text for item 7.

7.1  The Licensing Sub-Committee heard from the Principal Licensing Officer (Acting), the applicant, the Licensing Service, and other persons in objection to the application.  The applicant was seeking authorisation for late night refreshments from Friday to Sunday.

7.2  The Sub-Committee noted that the Police were unable to attend but had reported that the applicant had agreed to conditions that had been proposed, that many of the Police’s concerns had been addressed, but that the Police still requested that should a licence be granted that hours be reduced substantially from 05:00.

7.3  During the discussion of the application a number of points were raised, including the following;

·  the applicant confirmed they had notices on the premises to remind customers to respect local residents, and had both digital security cameras and security guards on premises, who were present between 21:00-23:00, but that would be extended to match any new closing times;

·  in addition the security guards would be SIA approved;

·  the applicant would be flexible with the closing hours and believed that there would be no safety concerns related to children;

·  the applicant also confirmed that the premises was a restaurant with seating for 20, that didn’t do deliveries;

·  C1 highlighted that anti-social behaviour (ASB) had been particularly high in the last year and that drug dealing was a particular issue in the area; noted that the original issued licence was not publicly available; and questioned why a ‘chicken shop’ required two security guards;

·  C2 agreed with the observations related to ASB and drug dealing and highlighted that the premises was not a restaurant, but a take-away whose customers attended before or after drinking; and requested that the extended licence not be granted due to it adding to the cumulative impact and that the applicant had failed to address residents’ concerns;

·  the Licensing Service highlighted LP10 and that the premises was in one of Hackney’s special policy areas (SPA);

·  the applicant confirmed that this was their first experience of managing a licensed business;

·  there was some confusion over the number of available tables for eating in, with the Metropolitan Police reporting two and the applicant reporting 5 allowing four spaces at each table which equated to the 20 seats in the application;

·  the applicant confirmed that between 6-10 customers could queue if the seating was at full capacity;

·  there was some challenge as to whether the premises was a restaurant or a take-away, and that this would need to be confirmed in relation to any change in the current licence;

·  the applicant confirmed that there would be an element of take-away, as they would not be able to prevent customers from removing food purchased on site;

·  the Licensing Service clarified that they viewed the application as one for a take-away, with some seats, rather than one for a restaurant, and that if a an amended licence was approved it would be unrealistic to expect the restrictions to be enforceable;

·  the applicant confirmed that there would be no alcohol sold or consumed on  ...  view the full minutes text for item 7.

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; 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, with the following amendments:

Supply of Alcohol on the Premises:

Sunday to Wednesday 11:00 - 22:30

Thursday to Saturday 11:00 -  23:30

The opening hours of the premises:

Sunday to Wednesday 11:00 - 23:00

Thursday to Saturday 11:00 - 00:00 (Midnight)

And the following condition:

The Premises licence holder will agree the capacity of the premises with the Licensing Authority after they have carried out a Fire Risk assessment of the premises.

Reasons for the decision

The application for the supply of alcohol on the premises has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined in the Shoreditch Special Policy Area (Shoreditch SPA).

The Sub-committee took into consideration that the Metropolitan Police Service (“the Police”) and the Environmental Enforcement Team agreed conditions in advance of the hearing with the Applicant and withdrew their representations.

The Sub-committee took into consideration the written objections raised by Other Persons (a local resident) who was unable to attend the hearing. The Sub-committee confirmed that they had read the local resident’s representation.

The Sub-committee took into consideration the Applicant’s representation that the Gaming company provides gaming boxes for 1 - 6 people in each game box. All participants wear hats and are monitored in the venue.

The Sub-committee heard that the Applicant is an experienced operator of 3 venues in the country since 2020. The Applicant proposes that to have 9 game boxes in the Shoreditch venue. The Manager of the Shoreditch venue is also an experienced operator.

The Sub-committee took into consideration that the Applicant has agreed to provide SIA door security on peak days Friday and Saturday and they will monitor after closing time on peak days. The Sub-committee noted each gaming box will have CCTV so that each game box can be monitored. The Sub-committee heard submissions from the Applicant that customer ID and age is checked at the pre-booking stage and alcohol cannot be purchased at the venue without customer ID. In addition the Sub-committee heard that customers will also be given arm bands to monitor them while they have a scheduled session in the gaming box. The Sub-committee noted 75-90% of tickets are purchased online and very few customers buy tickets on the spot. Therefore, the venue will not attract large crowds late at night.

The Sub-committee heard from the Applicant that the premises will not have a kitchen and they will not serve hot food. The Sub-committee noted that the premises will only serve snacks, pre-made  ...  view the full decision text for item 8.

8.1  The Licensing Sub-Committee heard from the Principal Licensing Officer (Acting), the applicant, and a representation form other persons in objection to the application.  The applicant was seeking to supply alcohol for consumption on the premises from Monday to Sunday.

8.2  During the discussion of the application a number of points were raised, including the following;

·  the applicant confirmed the proposed operation of the games, highlighting that  Groups of 1-6 persons would enter 9 9sqm game boxes with interactive touchscreen walls;

·  there were already three venues in the UK and they have been selling alcohol on those sites;

·  in the other venues customers could order refreshments from inside the games boxes and then staff would undertake Challenge 25; 

·  In addition CCTV looked in and there is glass frontage to the boxes. 

·  the applicants confirmed that they would employ security using one of the SIA approved companies with knowledge of the local area;

·  Sub-Committee members confirmed that the had read the representation from other persons in opposition to the application;

·  Sub-Committee members received clarification from the applicants on the how the game boxes operate and the technology employed;

·  the applicants confirmed that the pre-booking process provided information about the restrictions related to the purchase of alcohol, and that larger scale events would have a pre-ID check and wristband system;

·  the games were timed for 30/45/60 mins and the scheduling system would ensure no one could book for after closing;

·  the applicants confirmed that their experience had been that most people leave when the game concludes, and that 75-90% of the people would book in advance;

·  In relation to the capacity of the bar on the site the applicants believed no more than c20/25 people would be present;

·  in relation to food, there was no oven installed and no food cooked on the premises, but they may serve snacks as at other venues;

·  the applicants also confirmed that the boxes were wheelchair accessible  and clients could turn the volume down.

·  the Sub-Committee welcomed the application, and the professionalism of the applicants, and highlighted the importance of training staff re violence against women, and the Hackney Nights portal.

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; 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, with the following amendments:

Supply of Alcohol on the Premises:

Sunday to Wednesday 11:00 - 22:30

Thursday to Saturday 11:00 -  23:30

The opening hours of the premises:

Sunday to Wednesday 11:00 - 23:00

Thursday to Saturday 11:00 - 00:00 (Midnight)

And the following condition:

·  The Premises licence holder will agree the capacity of the premises with the Licensing Authority  ...  view the full minutes text for item 8.

9.1  Following publication of the agenda this item was resolved.