Agenda item

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 to vary a premises licence has been refused in accordance with

Licensing Policies LP1, LP2, LP3, and LP10 within the Council’s Statement of

Licensing Policy.

Reasons for the decision

The Licensing Sub-committee, having heard from the Responsible Authorities (the Licensing Authority and Metropolitan Police Service) and Other Persons (local residents) believed that granting the application would result in the licensing objectives being undermined, and would have a negative impact on the Dalston Special Policy Area (Dalston SPA).

The Sub-committee took into consideration the representations of the Metropolitan Police Service who objected to this application due the impact it would have late at night and the associated anti-social behaviour in the area. The Sub-committee noted that the premises is on a busy high street in the Dalston SPA, and the premises currently holds a premises licence for the sale of alcohol and Late Night Refreshment. These hours already extend outside of the Core hours under Policy LP3. The Sub-committee took into account that the applicant had not demonstrated how they would not add to the cumulative impact in the Dalston SPA in relation to issues of anti-social behaviour, and crime and disorder already being experienced in this area. The Sub-committee took into consideration that the proposed extension of hours would attract customers late at night who had been consuming alcohol for

several hours.

The Sub-committee took into account from the Licensing Authority’s representations that they had particular concerns about breaches of the licence conditions and the premises continually operating beyond their hours on weekdays after midnight beyond their permitted hours of operation. The Sub-committee took these breaches

very seriously.

The Sub-committee carefully considered the representations made by the applicant’s representative alongside those of the Metropolitan Police Service and the Licensing Authority and Other Persons. The applicant’s proposals did not allay the concerns raised by the Responsible Authorities and Other Persons. The sub-committee was not convinced that the applicant’s proposed

extended hours would justify them making an exception to grant hours outside the Council’s Statement of Licensing Policy. The Sub-committee after hearing from the applicant’s representative felt that the applicant lacked the understanding and the importance of having a Dispersal Policy. The Sub-committee felt that the applicant needed to work with the Responsible Authorities to demonstrate that they can comply with the conditions of their licence.

The Sub-committee took into consideration that the premises are near a residential area that will have an impact on families if the premises operated to a late hour, and could give rise to public nuisance in the area.

The Sub-committee also took into consideration that they had not heard anything from the applicant and the applicant’s representative that overcame their concerns about adding to the cumulative impact in the Dalston SPA.

The Sub-committee when making their decision took into consideration the lack of confidence in the management. They were not confident that the applicant and their staff would comply with the conditions of their licence, and the Sub-Committee felt they would not uphold or promote the licensing objectives,

The Sub-committee felt that by not granting this variation application it would help prevent anti-social behaviour in the area. These would contribute to increasing public nuisance, and to crime and disorder in the Dalston SPA.

The Sub-committee took into consideration when refusing this application that each case is considered on its merits. The Sub-committee believed that the licensing objectives could not be promoted by granting this variation application, and as such believed it was appropriate to refuse the application in its entirety.

PLANNING INFORMATIVE

The applicant is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.

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.

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

·  Since the publication of the report, the Other Persons had submitted additional information.

·  The applicant’s agent stated the variation application was seeking to extend late night refreshment to 03.00 hours from Thursday to Saturday.  The premises was located within the Dalston Special Policy Area (SPA) and a late night economy area with many late night venues.  The applicant had been running the business for just over two months but had previous substantial experience in managing restaurants, and since the transfer of the license he had been providing late night refreshment until 03.00 hours Thursdays to Saturdays as advised by the previous licensee until 14 April 2022 and from 15 April 2022 until 02.00 hours in line with the license.

·  The applicant’s agent stated that it had been difficult for the applicant to verify the licensing hours as the premises license was not available on the Council's website due the cyber attack.

·  The applicant had complied with the closing hour of 02.00 hours after he had been informed by the Licensing Service.

·  The applicant had demonstrated that he was a responsible operator in particular during the period when he had been operating until 03.00 hours without any incidents or complaints  to the Council in relation to public nuisance, crime and disorder  directly related to this premises.

·  The applicant’s agent argued that the Cumulative Impact policy was subject to a national review in 2022 and that local authorities across England and Wales were considering removing this policy from premises licenses following the impact of Covid-19 and disruption to the night time economy.

·  The Licensing Authority’s and the Police representatives indicated that as licensing policy LP10 remained the proposed hours would add to the cumulative impact, issues with dispersal would have a negative impact, and there would be rise in  anti-social behaviour and crime and disorder in the SPA area.

·  The Police representative added that Covid-19 had impacted on the hospitality industry and adversely on the Dalston area. The current hours exceeded the Council’s Core Hours policy and clarification was sought whether the license included the basement.

·  The police clarified that the previous temporary event notices(TENs) granted had been risk assessed during the pandemic and based on the events operating during that period.

·  The Other Persons expressed concern that the premises was located within the Dalston SPA and the area already suffered from noise outbreaks and dispersal issues from the local kebab shops in the area,  the longer hours would attract drunken people, there was no dispersal policy, people congregating or waiting on the narrow pavement would add to the public nuisance such as noise, dispersal issues and littering.  Prior to the pandemic the area had been out of control and impacted adversely on local residents and the basement had been sub leased to a Turkish café

·  The sub-committee noted the concerns expressed by the parties that they lacked confidence in the operator as he had previously operated beyond his terminal hours and they believed that his lack of knowledge and understanding of his licensing conditions and hours had led to the breaches.

·  In  response to a question from the sub-committee, the Licensing Authority’s representative stated that the applicant’s agent had raised some valid points in relation to the nationwide review of the cumulative impact policy and the Council’s approach to this policy. The licensing policy adopted by Council remained unchanged.

·  The applicant’s agent confirmed that the application was for the ground floor only and that the capacity inside would be 60 seated.

·  The applicant’s agent stated that the breach relating to the terminal hours was not relevant as the applicant could not find the premises license on the Council’s website and he had therefore relied on the information provided by the previous licensee. After he was made aware of the licensable hours on 14 April 2022 he had complied with the terminal hour.

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 to vary a premises licence has been refused in accordance with

Licensing Policies LP1, LP2, LP3, and LP10 within the Council’s Statement of

Licensing Policy.

Reasons for the decision

The Licensing Sub-committee, having heard from the Responsible Authorities (the Licensing Authority and Metropolitan Police Service) and Other Persons (local residents) believed that granting the application would result in the licensing objectives being undermined, and would have a negative impact on the Dalston Special Policy Area (Dalston SPA).

The Sub-committee took into consideration the representations of the Metropolitan Police Service who objected to this application due the impact it would have late at night and the associated anti-social behaviour in the area. The Sub-committee noted that the premises is on a busy high street in the Dalston SPA, and the premises currently holds a premises licence for the sale of alcohol and Late Night Refreshment. These hours already extend outside of the Core hours under Policy LP3. The Sub-committee took into account that the applicant had not demonstrated how they would not add to the cumulative impact in the Dalston SPA in relation to issues of anti-social behaviour, and crime and disorder already being experienced in this area. The Sub-committee took into consideration that the proposed extension of hours would attract customers late at night who had been consuming alcohol forseveral hours.

The Sub-committee took into account from the Licensing Authority’s representations that they had particular concerns about breaches of the licence conditions and the premises continually operating beyond their hours on weekdays after midnight beyond their permitted hours of operation. The Sub-committee took these breachesvery seriously.

The Sub-committee carefully considered the representations made by the applicant’s representative alongside those of the Metropolitan Police Service and the Licensing Authority and Other Persons. The applicant’s proposals did not allay the concerns raised by the Responsible Authorities and Other Persons. The sub-committee was not convinced that the applicant’s proposed extended hours would justify them making an exception to grant hours outside the Council’s Statement of Licensing Policy. The Sub-committee after hearing from the applicant’s representative felt that the applicant lacked the understanding and the importance of having a Dispersal Policy. The Sub-committee felt that the applicant needed to work with the Responsible Authorities to demonstrate that they can comply with the conditions of their licence.

The Sub-committee took into consideration that the premises are near a residential area that will have an impact on families if the premises operated to a late hour, and could give rise to public nuisance in the area.

The Sub-committee also took into consideration that they had not heard anything from the applicant and the applicant’s representative that overcame their concerns about adding to the cumulative impact in the Dalston SPA.

The Sub-committee when making their decision took into consideration the lack of confidence in the management. They were not confident that the applicant and their staff would comply with the conditions of their licence, and the Sub-Committee felt they would not uphold or promote the licensing objectives.

The Sub-committee felt that by not granting this variation application it would help prevent anti-social behaviour in the area. These would contribute to increasing public nuisance, and to crime and disorder in the Dalston SPA.

The Sub-committee took into consideration when refusing this application that each case is considered on its merits. The Sub-committee believed that the licensing objectives could not be promoted by granting this variation application, and as such believed it was appropriate to refuse the application in its entirety.

PLANNING INFORMATIVE

The applicant is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.

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.