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 conditions set out in paragraph 8.1

of the report, with the following amendment :-

 

The opening hours and the hours for licensable activity are:

 

Opening Hours:

Monday to Saturday    08:00 - 23:00

Sunday  08:00 - 22:30

 

Supply of Alcohol (On and off the premises): 

Monday to Saturday    12:00 - 21:00

Sunday     12:00 - 21:00

 

 

And the following conditions:

 

1) The premises shall maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All public areas, entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of the Police or authorised officer.

 

2) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police or an authorised officer of Hackney Borough Council recent data or footage with the absolute minimum of delay when requested.

 

3) An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following:

·  all crimes reported to the venue

·  any complaints received

·  any incidents of disorder

·  any faults in the CCTV system

·  any refusal of the sale of alcohol

·  any visit by a relevant authority or emergency service.

 

4) There shall be clear and prominent signage asking all customers to leave quietly and respect local residents.

 

5) All instances of crime or disorder to be reported by the designated premises supervisor or responsible member of staff to an agreed police contact point, as agreed with the Police.

 

6) Where the sale or supply of alcohol is taking place employees of the premises must request sight of evidence of the age of any person appearing to be under 25 years of age (Challenge 25). Such evidence may include a driving licence or passport.

 

7) The premises will display and maintain appropriate signage advising customers of the contact details of the Designated Premises Supervisor.

 

8) All staff will be given refresher training every six months on the legislation relating to the sales of alcohol to underage persons and drunken persons. Written records of this training shall be kept on the premises and produced to police or other authorised officer upon request.

 

9) Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are taking a substantial table meal from the menu, and that the consumption of alcohol by such persons is ancillary to taking such meals. The supply of alcohol shall be by waiter or waitress service only.

 

10) There shall be no open containers or drinks taken outside the premises at any time.

 

11) All sales of alcohol for consumption off the premises shall be in sealed containers and ancillary to a takeaway meal that is Pre-ordered on the internet for delivery or collection, and shall not be consumed on or in the vicinity of the  premises.

 

12) There shall be a maximum of 3 smokers outside the premises at any one time.

 

13) SIA door supervisors shall be employed on a risk assessment basis particularly on match and sports event days. When employed, all SIA staff shall wear a high visibility armband or vest to be easily identifiable. They shall enter their name, address, SIA number and times they begin and finish their shift in a daily register. If employed by an agency all agency contact details shall be recorded also.

 

Reasons for the decision

 

The Sub-committee approved the application with the above amendments and additional conditions agreed with the applicant for on-sales and off-sales of alcohol at the premises to prevent the licensing objectives being undermined.

 

The Sub-committee took into consideration that the Applicant had agreed conditions with the Metropolitan Police Service and Environmental Enforcement in advance of the hearing, and both Responsible Authorities subsequently withdrew their objections to the application. The Sub-committee noted that Environmental Protection made no representations.

 

The Sub-committee also took into consideration the 14 objections raised by Other Persons (local residents), and their concerns about noise nuisance from the premises which is close to the residential area. The Sub-committee noted that 5 of 14 objections from local residents were withdrawn due to agreed conditions with the Responsible Authorities and reduced hours for the supply of alcohol.

 

The Sub-committee took into consideration that local residents including young families who live opposite the premises objected to the sale of alcohol seven days a week until 23:00 in the residential area, that will lead to a risk of anti-social behaviour,  noise nuisance, and litter from customers consuming alcohol and staying in the area for longer. The Sub-committee took into account the concerns about the Applicant’s ability to control their customers consuming alcohol late at night once they leave the premises. In addition there were concerns about off-sales late at night. The Sub-committee took into consideration that there are a large number of licensed premises in the vicinity which local residents are affected by. The Sub-committee noted that there is a school and a nursery nearby.

 

The Sub-committee took into account that the premises are also a concern to local residents because it is close to both the Copper Box and the London Stadium, and is likely to be heavily used in the future on event days.

 

After considering all the representations made by the parties, the Sub-Committee felt that the premises would operate within Core hours in accordance with Policy LP3, and Sunday hours were amended to reflect Core hours for that day. The Sub-committee noted that it is a cafe with a capacity for 40 seated customers and there is no external area.

 

The Sub-committee took into consideration the concerns of local residents and felt that the Applicant needed a period of time to demonstrate they could comply with the conditions on their licence.

 

The Sub-committee took into consideration that the Applicant had worked with the Responsible Authorities to try and resolve issues, and they met and communicated with local residents of East Wick on 26 June to allay their concerns about the application. The Sub-committee felt that the Applicant demonstrated their intention to operate the premises responsibly.

 

Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied that the application could be approved without the licensing objectives being undermined.

 

Public Informative

 

The premises licence holder is encouraged to continue working with the local residents to deal with any issues arising relating to noise nuisance.

 

The premises licence holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers for take away meals, and recyclable disposable materials to avoid using plastic disposable items to protect the local area, to prevent litter, and to protect the environment. 

 

Your right to appeal

 

If you are aggrieved by any term, condition or restriction attached

to this decision, you have the right to appeal to the Thames

Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days

of the date you receive this written decision.

6.1  The sub-committee heard from the Principal Licensing Officer, the applicant and the Metropolitan Police. During the course of submissions and a discussion of the application, the sub-committee noted the following:

 

·  The premises was located between River Lea and Lea Canal opposite Cooper Box arena.

·  The premises was currently being converted into a café and alcohol would be sold ancillary to food. To enable the business to compete with other businesses within the local area, the applicant was seeking to sell alcohol.

·  They intended to open an upmarket café that would have a restaurant theme in the evening offering healthy meals and alcohol.

·  The applicant had five years’ experience as a DPS running a catering business catering for 400 funeral wakes including 200 wakes supplying alcohol to gatherings of approximately 100 people without any incidents.

·  All staff will be given training on the legislation relating to the sales of alcohol.

·  The residents of the East Wick had been invited to a community consultation meeting but none had attended.

·  If the estate had a no smoking policy, the applicant could encourage patrons to smoke on the street opposite the premises.  The Legal Officer indicated that this area was outside the borough of Hackney and therefore any condition would be unenforceable.

·  The  Principal Licensing Officer confirmed that the estate management was responsible for allowing smoking outside the premises.

·  It was confirmed that the drinks menu would be limited to one good quality larger, wines and gin and tonic.

·  The applicant stated that the advertising on his Instagram account was aimed at attracting families  to his family orientated café.

·  The Other Persons expressed concern that the proposals would further exacerbate the public nuisance and anti-social behaviour being experienced in the area and in particular during match days or sporting events at West Ham Stadium.  In addition, there would be an increased risk to public safety especially for the residents and children living in the units above the premises and within the local vicinity.

·  The applicant emphasised that during match days he would discourage intoxicated football fans from drinking at the cafe to minimise the public nuisance and public safety issues in the area.

·  The Police representative highlighted that the anti-social behaviour experienced in the area mainly occurred on the street within the vicinity of the premises.

·  The applicant stated that as a new business they had to be flexible and adaptable in order to compete and survive.

·  The applicant confirmed that he would be willing to employ SIA door supervisors on match and sports event days, agreed to the Police’s proposed conditions, amended condition 9 and off sales for home delivery only.

 

6.2  The parties present made closing remarks.

 

RESOLVED:

 

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 conditions set out in paragraph 8.1

of the report, with the following amendment :-

 

The opening hours and the hours for licensable activity are:

 

Opening Hours:

Monday to Saturday    08:00 - 23:00

Sunday    08:00 - 22:30

 

Supply of Alcohol (On and off the premises): 

Monday to Saturday    12:00 - 21:00

Sunday       12:00 - 21:00

 

 

And the following conditions:

 

1) The premises shall maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All public areas, entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of the Police or authorised officer.

 

2) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police or an authorised officer of Hackney Borough Council recent data or footage with the absolute minimum of delay when requested.

 

3) An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following:

all crimes reported to the venue

any complaints received

any incidents of disorder

any faults in the CCTV system

any refusal of the sale of alcohol

any visit by a relevant authority or emergency service.

 

4) There shall be clear and prominent signage asking all customers to leave quietly and respect local residents.

 

5) All instances of crime or disorder to be reported by the designated premises supervisor or responsible member of staff to an agreed police contact point, as agreed with the Police.

 

6) Where the sale or supply of alcohol is taking place employees of the premises must request sight of evidence of the age of any person appearing to be under 25 years of age (Challenge 25). Such evidence may include a driving licence or passport.

 

7) The premises will display and maintain appropriate signage advising customers of the contact details of the Designated Premises Supervisor.

 

8) All staff will be given refresher training every six months on the legislation relating to the sales of alcohol to underage persons and drunken persons. Written records of this training shall be kept on the premises and produced to police or other authorised officer upon request.

 

9) Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are taking a substantial table meal from the menu, and that the consumption of alcohol by such persons is ancillary to taking such meals. The supply of alcohol shall be by waiter or waitress service only.

 

10) There shall be no open containers or drinks taken outside the premises at any time.

 

11) All sales of alcohol for consumption off the premises shall be in sealed containers and ancillary to a takeaway meal that is Pre-ordered on the internet for delivery or collection, and shall not be consumed on or in the vicinity of the  premises.

 

12) There shall be a maximum of 3 smokers outside the premises at any one time.

 

13) SIA door supervisors shall be employed on a risk assessment basis particularly on match and sports event days. When employed, all SIA staff shall wear a high visibility armband or vest to be easily identifiable. They shall enter their name, address, SIA number and times they begin and finish their shift in a daily register. If employed by an agency all agency contact details shall be recorded also.

 

Reasons for the decision

 

The Sub-committee approved the application with the above amendments and additional conditions agreed with the applicant for on-sales and off-sales of alcohol at the premises to prevent the licensing objectives being undermined.

 

The Sub-committee took into consideration that the Applicant had agreed conditions with the Metropolitan Police Service and Environmental Enforcement in advance of the hearing, and both Responsible Authorities subsequently withdrew their objections to the application. The Sub-committee noted that Environmental Protection made no representations.

 

The Sub-committee also took into consideration the 14 objections raised by Other Persons (local residents), and their concerns about noise nuisance from the premises which is close to the residential area. The Sub-committee noted that 5 of 14 objections from local residents were withdrawn due to agreed conditions with the Responsible Authorities and reduced hours for the supply of alcohol.

 

The Sub-committee took into consideration that local residents including young families who live opposite the premises objected to the sale of alcohol seven days a week until 23:00 in the residential area, that will lead to a risk of anti-social behaviour,  noise nuisance, and litter from customers consuming alcohol and staying in the area for longer. The Sub-committee took into account the concerns about the Applicant’s ability to control their customers consuming alcohol late at night once they leave the premises. In addition there were concerns about off-sales late at night. The Sub-committee took into consideration that there are a large number of licensed premises in the vicinity which local residents are affected by. The Sub-committee noted that there is a school and a nursery nearby.

 

The Sub-committee took into account that the premises are also a concern to local residents because it is close to both the Copper Box and the London Stadium, and is likely to be heavily used in the future on event days.

 

After considering all the representations made by the parties, the Sub-Committee felt that the premises would operate within Core hours in accordance with Policy LP3, and Sunday hours were amended to reflect Core hours for that day. The Sub-committee noted that it is a cafe with a capacity for 40 seated customers and there is no external area.

 

The Sub-committee took into consideration the concerns of local residents and felt that the Applicant needed a period of time to demonstrate they could comply with the conditions on their licence.

 

The Sub-committee took into consideration that the Applicant had worked with the Responsible Authorities to try and resolve issues, and they met and communicated with local residents of East Wick on 26 June to allay their concerns about the application. The Sub-committee felt that the Applicant demonstrated their intention to operate the premises responsibly.

 

Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied that the application could be approved without the licensing objectives being undermined.

 

Public Informative

 

The premises licence holder is encouraged to continue working with the local residents to deal with any issues arising relating to noise nuisance.

 

The premises licence holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers for take away meals, and recyclable disposable materials to avoid using plastic disposable items to protect the local area, to prevent litter, and to protect the environment.