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Agenda item

Agenda item

Application for a Premises Licence: Bootyard, Car Park Rear 18 To 26, Ashwin Street,E8 3DL

Meeting of Licensing Sub Committee B, Thursday 11 October 2018 7.00 pm (Item 7.)

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 time-limited application has been approved in accordance with the Council’s licensing statement and the conditions outlined within paragraph 8.1 of the report, along with the following amendment and additional conditions;

· Live Music commence from 18:00 hours on Monday to Friday

· Additional conditions;

1. The capacity of the premises shall be no more than 120 patrons at any one time

2. All music systems shall be routed through a sound limiting device. The limiting device(s) should be set to ensure inaudibility in all nearby residential premises. The device shall be controlled by the licensee/management and kept in a locked, tamper-proof box. The sound limiting device must be recalibrated annually to ensure that the music is inaudible in nearby residential premises. A certificate of compliance should be submitted to the council’s Environmental Health/Protection Team.

3. There shall be a written dispersal policy for the premises, which is to be shared with the Responsible Authorities (i.e. the Licensing Service and Police), a copy of which shall be kept on the premises and made available to police and/or other authorised officer upon request.

REASONS FOR THE DECISION

The application has been approved, as members of the Licensing Sub-Committee, after listening carefully to the representations from the applicant and other person were satisfied that the licensing objectives would not be undermined.

In granting the application, the sub-committee believed that the conditions placed on the last time limited licence would be appropriate, given that there had been no complaints about the premises, although the additional conditions were placed on the licence on this occasion to reflect the change in the area. As such although the measures placed on the licence were deemed proportionate to ensure the licensing objectives were promoted the applicant was reminded that the area in which the premises was based had changed considerably since 2015, when the previous time-limited premises licence was granted, as such the applicant was encouraged to continue an ongoing dialogue and engagement with the surrounding local community.

Minutes:

7.1 The Principal Licensing Officer introduced the application for Bootyard, Car Park Rear 18 to 26, Ashwin Street, E8 3DL. Committee members noted that the application was for proposed licensable activity for plays, films, live music, recorded music, performance of dance and the supply of alcohol (on and off premises). Committee members noted a correction – the premises under consideration was just outside the Special Policy Area (SPA). The attendees also noted that there had been no representations submitted by Responsible Authorities. One representation had also been received on behalf of local residents on the grounds of the prevention of crime and disorder and prevention of public nuisance.

7.2 The legal representative for applicant began by explaining that this was an unusual application. The premises was a car park accessed through the Bootstrap buildings on Ashwin Street from Abbott Street. The Bootyard began as a pioneering project to turn a neglected car park into a new start up space for socially minded business’ and community activities. The project has been growing organically with Dusty Knuckle Bakery and 40ft Brewery as lead tenants for the space. The Bootyard has held a premises licence without issue for a two year period which ended in November 2017. Bootyard were now re-applying for a premises licence to enable our stakeholders tenants to continue to operate their business as usual, having used occasional Temporary Event Notices (TENs) in the intervening period for this purpose. Beer, wine and spirits will be served from the tap room bar from the brewery container and will be consumed along with food from the Dusty Knuckle bakery and restaurants containers in the main space.

7.3 Committee members noted that the premises had a loyal following and there had been no reported problems or complaints. The applicant added that there was no impact on the licensing objectives; there was always 24 hour security for Friday and Saturday at least. There would be one Security Industry Authority (SIA) regulated member of staff on the Saturday. There would always be a door supervisor but the applicant added that was very little evidence of boisterous crowd. The applicant explained that compared to other neighbouring establishments in the area Bootyard’s actually had shorter hours. The premises would also not rely on deliveries or Uber Eats for example. The applicant re-iterated that the premises was not in the SPA and this was not a new licence. Members were reminded that they did not play loud music and the sound was somewhat dampened the large shipping containers placed within the site.

7.4 In a response to question from Councillors, the applicant explained that the Bootyard was in actually in a container which was quite small. The application was for the outside space. The applicant re-iterated that loud noise coming from the site was not substantial because of the layout of the site. Members noted that there was 120 businesses on site with 35 desks being used. The applicant explained that any money made by Bootyard goes back into the premises. The business engages with different communities in the area e.g. the running of various Temporary Event Notices (TENs). The applicant felt that these events were very successfully run.

7.5 The committee heard from other person objecting to the application. There was concerns expresses that the hours applied for would lead to an increase in nuisance and crime in the locality. There was also concern that the offer and the serving of alcohol was not served ancillary to a table meal. The other person was of the view that the premises was to all intents and purposes in the SPA. The other person suggested that a more modest terminal hours would be either 8pm or 10pm. He queried that though there was a lack of live music the application still includes a music licence. There was also concerns expressed that there was no sound limitators included as part of the application. The other person was concerned that there would be an increase in crime and disorder because of the premises being located in an open space and there being alcohol.

7.6 The applicant responded that sometimes at the premises there was background music but it was not a music venue per se. Where the premises had played music there had not been any breaches or reports of complaints. The applicant had adhered to the conditions. The applicant added that sound limitators were used and there was acoustic music played. The site was a gentile space and in theory the site would hold up to 150 people outside. The applicant also added that they would be content to put a limit on the capacity of people at the premises. On the dispersal of customers this was usually done half an hour before closing time and was a gradual dispersal. Any glasses used were washed on site and were re-usable. There was also six to eight bins on site in which waste could be deposited into. The applicant added that they were content to put in place a sound limitator condition.

The Decision