Agenda and decisions

Licensing Sub Committee D - Thursday 1 December 2022 2.00 pm

Venue: Until further notice, all Licensing Sub-Committee meetings will be held remotely

Contact: Gareth Sykes , Governance Officer  Email:  gareth.sykes@hackney.gov.uk

Items
No. Item

1.

Election of Chair

2.

Apologies for Absence

3.

Declarations of Interest - Members to declare as appropriate

A Sub-Committee Member with a disclosable pecuniary interest or a prejudicial

interest in a matter who attends a meeting of the authority at which the matter is considered:

 

·  must disclose the interest at the start of the meeting or when or when the interest becomes apparent, and

·  may not participate in any discussion or vote on the matter and must

withdraw from the meeting proceedings in person or virtually.

 

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members Interests or the subject of a pending

notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

 

Disclosable pecuniary interests, personal interests and prejudicial interests are

defined at paragraphs 8.1 - 15.2 of Section 2 of Part 5 of the constitution and

Appendix A of the Members’ Code of Conduct.

4.

Minutes of the Previous Meeting

Decision:

No minutes submitted at the meeting for decision.

5.

Licensing Sub-Committee Hearing Procedure pdf icon PDF 88 KB

6.

Variation of a Premises Licence: The Haggerston Pub, 438 Kingsland Road, London, E8 4AA pdf icon PDF 6 MB

Additional documents:

Decision:

Details to follow.

7.

Temporary Event Notices - Standing Item pdf icon PDF 118 KB

Additional documents:

Decision:

Off Broadway, 63-65 Broadway Market, London E8 4PH – Counter Notice

 

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

 

and in particular upon consideration of the ‘objection’ given by the Metropolitan Police Service, is satisfied that the proposed event would undermine the licensing objectives. Therefore, the sub-committee has decided to serve a counter notice.

 

Reasons for the decision

 

The Sub-committee took into consideration the objection received from the Metropolitan Police Service to the Temporary Event Notice for the period from  on 08/12/2022 from 16:00 finishing on 09/12/2022 at 01:00am, which contended that this event would undermine the licensing objectives, on the grounds of crime and disorder, public safety, and prevention of public nuisance. The Sub-committee carefully considered the reasons for this objection.

 

The Sub-committee heard representation from the Metropolitan Police Service (the police) that the venue has repeatedly breached conditions pertaining to its licence and operated in such a manner as to generate numerous complaints from local residents to such an extent that the premises licence was revoked at the Licensing Sub Committee on 22nd March 2022. The police cannot therefore be satisfied that the licensing objectives will not be undermined by the hours of the venue being further extended by this Temporary Events Notice.

 

The Sub-committee noted that the premises licence was revoked at the Licensing Sub-Committee hearing on 22nd March 2022, and that decision has been appealed.

 

As a result of the appeal the premises are allowed to continue operating under the hours on the premises licence. 

 

The Sub-committee took into consideration that longer opening hours of premises meant more alcohol consumed making patrons more vulnerable and/or at risk of causing nuisance.

 

The Sub-committee carefully considered the evidence presented to them by both the police and the application of the Premises User. The Sub-committee noted that the Premises User did not attend the hearing.

 

The Sub-committee took into account that the police maintained their objections to this temporary event taking place.

 

The Sub-committee has no confidence that the Premises User was able to operate the premises responsibly taking into consideration the previous complaints from local residents, and the negative impact on the local residents that live near to the premises.

 

The Sub-committee did not agree that the hours should be increased contrary to the Council’s Licensing Policy.

 

On balance, the Sub-committee considered that the event would contribute to the alcohol-related nuisance late at night that will add to the noise and negative impact of the area. The Sub-committee considers each case on its own merits.

 

The Sub-committee therefore considered that allowing the event to take place in accordance with the Temporary Event Notice would undermine the licensing objectives. It determined that it was therefore necessary and proportionate to serve a counter notice.