Agenda item

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

·  Representation received from the Licensing Authority and  the Police on the grounds of The Prevention of Crime and Disorder and Prevention of Public Nuisance;

·  The applicant explained that they had agreed to a number of conditions recommended by the Police including maintenance of a comprehensive CCTV system and the employment of Security Industry Association (SIA) affiliated staff;

·  The applicant confirmed that no alcohol would be sold either on or off the premises;

·  The applicant recognised that the premises was in a Special Policy Area (SPA) and to that end highlighted that they were not the only licensed premises in the vicinity;

·  The applicant confirmed that they had followed all the environmental conditions as recommended by the Council;

·  The Responsible Authorities had raised a number of concerns about the application and the cumulative impact on the Dalston SPA;

·  The Licensing Authority highlighted that the applicant had stated that they intend to “provide a late night service to customers in order to buy food did does not consider this to be a demonstration of mitigation of the risks associated with a late night operation in the Dalston SPA;

·  The Other Persons had raised a number of concerns about the impact of the application on local residents, including noise pollution, opening hours and the apparent lack of regular changing of the extraction filters;

·  The applicant confirmed that there was no issues of no-compliance and that since they had accepted the recommended conditions they had been open until 11pm. They stated that their business was not about deliveries;

·  The applicant confirmed that the extraction filters were regularly jet washed;

·  The applicant highlighted that location of the premises being in close proximity four nightclubs and that issues of noise pollution should be addressed to those establishments;

·  The applicant confirmed that on the 7 July 2022 they had set up a DJ booth on site which had resulted in loud music. This incident had occurred to celebrate the three year anniversary of the premises being open and that the as result the premises had been open later. Since that one off event the premises had closed at 11pm;

·  Since the premises had been opened their waste removal had been handled by a registered waste removal company. Drums and bags of waste were stored inside the premises overnight and collected from the waste removal company;

·  The applicant had accepted that there would be no deliveries to their premises after 11pm;

·  The applicant stated that since they had agreed to a number of additional conditions they had compiled with all of them;

·  The applicant considered a proposal of shorter hours, namely a closing time of 1am rather than 4am Friday to Saturday and they had concluded that was too much a of a reduction and it would impact on their business;

·  After further consideration the applicant found a 1am closing time agreeable;

·  Some of the other persons expressed their concerns that a 1am closing was still not acceptable.

 

RESOLVED:

 

The decision

 

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of 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 and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

 

The hours of licensable activity:

 

Late Night Refreshment:

 

Thursday   23:00 - 23:30

Friday    23:00 - 01:00

Saturday    23:00 - 01:00

Sunday   23:00 - 23:30

 

Opening hours

 

Monday to Wednesday   11:00 - 23:00

Thursday  11:00 - 23:30

 

Friday to Saturday   11:00 - 01:30

Sunday   11:00 - 23:30

 

 

Remove conditions 7, 8 and 9 from the premises licence as they do not apply to this application.

 

And the following conditions to be added to the licence:

 

No delivery service is permitted after 23:00.

 

 

Reasons for the decision

 

The application for a premises licence for late night refreshment has been approved, as members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined.

 

The Sub-committee took into consideration that the Responsible Authorities (the Licensing Authority, the Metropolitan Police Service (“the Police”) and the Environmental Enforcement Team) made representations on the grounds of prevention of public nuisance. The Sub-committee noted that the Applicant agreed to the Environmental Enforcement and the Police conditions set out in the Licensing report at paragraph 8.1.

 

The Sub-committee took into account that there were 5 representations made by Other Persons (local residents) on the four licensing objectives.

 

The Sub-committee heard that the Responsible Authorities and local residents had concerns about the premises and the hours of operation until 04:00 which was considered too late and the impact it will have on local residents in the area late at night

 

The Sub-committee heard representations from the Applicant that alcohol would not be served, the premises was takeaway only, the premises was small and only 15 customers could be on the premises at any one time. The Applicant contended that the premises would not negatively impact the area.

 

The Sub-committee took into consideration the above conditions including no delivery services by delivery companies after 23:00 and the reduced hours that they felt would limit the impact on local residents. The Sub-committee felt that the Applicant needed to prove over a period of time that they could comply with the conditions on their premises licence and to work with the local residents to prevent public nuisance.

 

Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this premises licence, the licensing objectives would not be undermined.

 

 

Public Informative

 

The Premises Licence holder is encouraged to work 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, and recyclable materials to avoid using single-use plastic disposable items to prevent litter, and to protect the environment.