Agenda item

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;
• 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 :-

·  There shall be a maximum of fifteen (15) smokers in the smoking area outside the premises at any one time.

·  The number of persons accommodated in the ground floor bar and basement restaurant (excluding staff) shall not exceed 150 persons at any one time with the following localised capacities:

Ground floor bar - 100 persons

Basement restaurant - 50 person

·  There shall be a written Safeguarding Policy to be agreed with the Licensing Authority, copies of which will be kept on the premises and made available to police or other authorised officer upon request.

·  Between the hours of 23:00 and 07:00 Monday to Thursday (00:00 to 07:00 Friday and Saturday and 22:30 to 07:00 Sunday) the sale of alcohol shall only be to hotel residents.

·  Between the hours of 23:00 and 07:00 Monday to Thursday (00:00 to 07:00 Friday and Saturday and 22:30 to 07:00 Sunday) the ground floor bar and basement restaurant shall be closed other than to hotel residents for the purpose of ordering drinks to take back to hotel bedrooms.

•  Condition 13 to be amended and read as follows: 

“There shall be no admittance or re-admittance to the premises to   members of the public between (23:30 to 7am Mon to Thu, 00:30 to   7:00 Fri and Sat and 23:00 to 07:00 on Sun). Hotel residents and their   guests may be admitted to the premises at any time”.

·  Condition 19 to be removed as there is no outside space.

Reasons for the decision

The application for the premises licence has been approved, as members of the Licensing sub-committee were satisfied that the licensing objectives would not be undermined within the Dalston Special Policy Area (SPA).

The sub-committee took into consideration that the Metropolitan Police Service, and Environmental Enforcement had withdrawn their representations, agreed conditions and reduced hours with the applicant. The hours for licensable activity for non-residents have been amended to the hours set out in policy LP3. It was also noted that the Metropolitan Police Service had agreed with the applicant non-standard hours for New Year’s Eve. 

The sub-committee also took into consideration the representations made by the Responsible Authority (Licensing), and the Other Persons and their concerns about the potential impact on local residents. The premises is located in the Dalston SPA and therefore it is subject to policy LP10. The  sub-committee noted that there were four letters of support for the application.

The sub-committee noted the premises is a 124 room hotel with a food and beverage offering including a micro bar, and restaurant for residents, and their guests which is also accessible to members of the public.  

The applicant’s representative made representations that the applicant is

an experienced operator with other premises in the UK and Ireland. The applicant had a good track record. The applicant is supportive of the local area, and had provided accommodation to hospital staff during the pandemic in their other premises. The applicant’s representative confirmed that the food and beverage areas within the hotel will be run by tenants to make it a memorable experience for their residents, guests and non-residents. The applicant confirmed that the bar, and sale of alcohol was not considered the main focus of the premises.

The applicant demonstrated that they had procedures in place to limit noise and disturbance to residents in the local area. In relation to deliveries the applicant confirmed that the premises has internal services that allows the hotel to be serviced internally, and will not affect local residents. The applicant confirmed that they did not intend to hold late night events or parties as they wanted to prevent any anti-social behaviour. The applicant’s representative confirmed that the applicant will be partnering with local business and the hotel will encourage employment in the local area. The applicant also wanted to celebrate local artists.

The sub-committee were satisfied that the premises will not add to the Cumulative Impact in the Dalston SPA. The reduced hours resulting in the premises not operating beyond core hours as set out in policy LP3 together with the agreed conditions go towards mitigating any concerns in the Dalston SPA.

Having taken all of the above factors into consideration the sub-committee were satisfied, that by granting this application, the licensing objectives would continue to be promoted within the Dalston SPA.

Public 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 application which may be made.

The applicant is encouraged to continue engaging with residents to ensure noise levels are acceptable, as well as the applicant and their staff should remind patrons to be mindful of local residents to prevent noise nuisance. The Sub-Committee felt this would avoid the Licensing objectives from being undermined in the future.