Agenda item
Application for a Premises Licence: SET, 27a Dalston Lane, E8 3DF
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 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:
· The Licence be time limited for a period of 18 months from the grant of the application
· All licensable activities to cease by 23:00hours with a closing time of Midnight on a Monday to Thursday and 02:00hours with a closing time of 02:30hours on a Friday and Saturday
· Condition 18 be amended to include ‘8’ smokers
· Condition 19 be amended to include ‘150 persons’ excluding staff
and the following additional conditions:
· There will be no entry or re-entry into the premises (apart from those patrons that have been smoking) after 01:00hours on a Friday and Saturday
· Any music played at the premises should be played and/or set to a level to ensure inaudibility in all nearby residential premises all doors and windows shall remain closed when regulated entertainment is taking place.
Reasons for the decision
Members of the Licensing Sub-Committee, after careful consideration of the representations made by the applicant and other person, have with the above amendments and additional conditions, approved the application, as the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.
Public informative
The applicant has agreed and is reminded of the need to surrender the existing premises licence that was granted for part of the premises in 2007.
The applicant is reminded of the need to operate the premises according to any current planning permission relating to its user class, conditions and hours.
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.
Minutes:
8.1 The principal licensing officer, Mike Smith, introduced the application for a premises licence for SET, 27a Dalston Lane, E8 3DF. The proposed licenced activities were plays, films, live music, recorded music, performance of dance, other entertainment similar to live or recorded music or dance performance, late night refreshment and the supply of alcohol (On Premises). The attendees noted that the responsible authorities (Licensing and Police) had withdrawn their representation following agreement with the applicant. Additional information had been submitted by the applicant along with information from one other person objecting to the application.
8.2 Andy Newman, the agent representing the applicant, made his submission to the meeting giving a brief overview of the application and the type of business being run on the premises. SET Dalston Lane puts an emphasis on emerging arts and culture and is viewed as a licensed arts centre first and foremost. The emphasis was on culture over entertainment. Mr Newman highlighted the number of letters of support for the application and the responsible authorities withdrawing their representations. Mr Newman explained that the other person who raised an objection, a Ms Shalina Jinnah, had been contacted about holding a meeting between her and his applicant but to resolve any issues but this did not come to fruition.
8.3 The Licensing Sub-Committee heard from one Other Person, a Ms Shalina Jinnah, objecting to the application. Ms Jinnah raised concerns about the increased number of people outside the premises late at night particularly at the weekend. While the numbers have dropped, there is still a substantial number of people congregating outside the entrance drinking and smoking. This continues to create a situation where people were blocking the pavement. Ms Jinnah explained that she was not against Arts-led centre but she was against alcohol-led premises. She was concerned that if the application was granted there might be scope for an increasingly large numbers of people entering and exiting the premises. It was felt that the premises did contravene Hackney’s licensing objectives. Ms Jinnah queried if it was an arts space why was there needed until 02:30 in the morning?
8.4 In response to a question from the Committee Chair, Mr Newman responded that his client was aware of the cumulative impact of the application being near to the Dalston Special Policy Area (SPA). Mr Newman emphasised the number of letters of support from local residents in support of the application. Mr Newman added that the premises had been given several TENs between 9th March and 29th April 2018. There had been no objections from the Police to these TENs. The applicants added to Mr Newman’s response by emphasising their arts led background and how holding events that were not arts led would be direct contravention of SET’s constitution.
8.5 Manager of SET and the Designated Premises Supervisor (DPS), Mr Oliver Tobin, gave a brief overview of the types of events that SET had run. Some of these events included amplified and improvised electronic music. A lot the events held being run would be Hackney resident-led.
8.6 In a response to a question from the Committee Chair, the applicant confirmed that a number of measures had been installed in terms of noise insulation including rock wall in the windows and the installation of sound limitators.
8.7 Mr Newman brought to the attention of the Licensing Sub-Committee members a number of apparent anomalies in the objections raised against the application. Mr Newman countered the arguments raised by highlighting the number of submissions in support of the application.
8.8 In response to a question from Councillor Gordon, the applicant replied that SET employed two security staff on the front door operating a staggered approach to dispersal of customers.
8.9 On the Closed Circuit Television (CCTV) system, the applicant explained that the premises would maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. The CCTV system would continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings would be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer.
8.10 The Chair of the SET trust, Robert Mclaren, added that the Board of Trustees main objective was to promote arts. Mr Mclaren re-iterated that the Board would not allow any events to take place that would undermine its position.
8.11 On SET’s dispersal policy, Ms Jinnah suggested that customers could be dispersed better at the earlier time of 12pm. Ms Jinnah again raised a query about why an arts events-centred premises needed to hold events until 03:00hours.
8.12 Responding to photos tabled at the meeting by Ms Jinnah, Mr Newman queried that the photos were not clear evidence against his client’s premises. The applicants argued that the photos were not taken by Ms Jinnah and that this part of an action by an aggrieved former premises owner of the site now occupied by SET. Mr Tobin explained that the gentleman in question who was involved on one of the nights involved (as shown in one of the tabled photos) had been asked to leave the area.
8.13 On the tabled photos, Ms Jinnah explained that they were taken during the period of mid-February and early to mid-May 2018.
8.14 In a response to a question from Councillor Smyth, the applicant explained that the alleyway next to the premises would be blocked and would be used as the smokers’ area. Committee members noted that applicant had not received any complaints from adjacent Premier Inn hotel. The applicant explained that they regularly cleaned the alleyway/smoking area which was owned by Premier Inn.
8.15 The applicant explained that the premises had three fire exits. They recognised that the pavement out the front of the premises was quite slim, however security staff would endeavour to ensure customers did not block the public highway.
8.16 In a response to a question from the Committee Chair, the applicant confirmed that they would surrender the existing premises licence should the application to vary the premises licence be granted.
8.17 In response to a question from Councillor Smyth, the applicant explained that there was 02:30hours closing time on Saturdays because that tended to be the day when there was more artist led performances were being held. The applicant explained dropping down to a 01:00hours closing time would impact on the revenue of the business.
8.18 In summary, Ms Jinnah re-iterated her concerns about the application and recommended that some consideration be given to bringing forward the closing time to 12:00. Mr Newman in his summary re-iterated the number of letters received from local residents in support of the application. Mr Newman added that the Responsible Authorities (Licensing and the Police) had withdrawn their representations following agreement of a number of additional conditions with his client.
Supporting documents:
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