Agenda item

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 Late Night Refreshment 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:

The opening hours and the hours for licensable activity are: 

  Opening Hours:

 Monday to Sunday   12:00 – 00:00 hours

Late Night Refreshment

Monday to Sunday  23:00 – 00:00 hours

• Condition 5(g) – To delete the words ‘Any refusal of the sale of alcohol’ 

• Condition 7 – To delete the words ‘Designated Premises Supervisor ‘

And the following additional condition to be added to the licence:

·  After 23:00 hours only take away orders are permitted.

Reasons for the decision

The application has been approved, with the above amendments, as the Licensing sub-committee was satisfied that the licensing objectives would not be undermined in the Dalston Special Policy Area.

The sub-committee took into consideration that the Metropolitan Police agreed conditions in advance of the hearing with the applicant. It was also noted that there were no representations from local residents in the area.

After hearing from the applicant and from the Responsible Authority (Licensing), the sub-committee was satisfied with the conditions that the applicant agreed to would mitigate any negative impact that granting the licence would have on the Dalston Special Policy Area and on the potential for patrons to stay in the area for longer.

The sub-committee took into consideration the fact that the applicant was an experienced operator for 25 years in Hackney and the Special Policy Areas. The applicant demonstrated that they had an understanding of the nature of the locality in which the premises was located, and the proposed hours would not add to the cumulative impact of the Dalston Special Policy Area. The applicant acknowledged that there is a high level of crime in the area, however, they have been proactive by reporting any crimes to the Metropolitan Police. 

However, the sub-committee was disappointed to hear that there had been an incident on 23 August 2019 reported by the Metropolitan Police where the premises were found to be open after 23:00 hours without a licence. The sub-committee takes any breach of the licensing objectives very seriously. The applicant explained that the customers were in the premises before 23:00 hours, and the food ordered was cooked before 23:00 hours. They did not serve customers after 23:00 hours. The staff had stopped serving at 23:00 hours and were cleaning the premises. The coal may have looked like it was still burning at the time.

Having taken all of the above factors into consideration, the Licensing Sub-Committee was satisfied, when granting the application, that the licensing objectives would not be undermined, particularly in relation to the prevention of public nuisance in the Dalston Special Policy Area.

Planning Informative

The applicant is reminded of the need to operate the premises according to any current planning permission relating to its use 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 applications which may be made.