Decisions
15/04/2024 - Review of Pensions Committee Papers – Public Papers ref: 7707 Recommendations Approved
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
RESOLVED:
The agenda papers for the Pensions Committee meetings held on 26 March and 7 February 2024 were noted.
15/04/2024 - Frequency of Pensions Board Meetings ref: 7706 Recommendations Approved
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
RESOLVED: That the Pensions Board will meet 3 times in the municipal year 2024/25 and that this arrangement be reviewed in the next municipal year be agreed.
15/04/2024 - Pensions Board Work Plan 2024/25 ref: 7705 Recommendations Approved
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
RESOLVED: AGREED the work plan set out in at Appendix 1
15/04/2024 - Pensions Board Training – Roles & Responsibilities of Pensions Board Members ref: 7709 Recommendations Approved
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
RESOLVED:
To note the report.
15/04/2024 - Minutes of the Previous Meeting ref: 7703 Recommendations Approved
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
3.1 RESOLVED that the minutes of the meeting held on 22 September 2022 be agreed as a true and accurate record of proceedings subject to amendments.
15/04/2024 - Review of Pensions Committee Papers – Exempt Papers ref: 7708 Recommendations Approved
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
RESOLVED:
That the Pensions Committee exempt agenda papers for the meetings on 26 March and 7 February 2024 be noted.
15/04/2024 - Training Requirements and Priorities ref: 7704 For Determination
Decision Maker: Pensions Board
Made at meeting: 15/04/2024 - Pensions Board
Decision published: 23/04/2024
Effective from: 15/04/2024
Decision:
RESOLVED:
To discuss the training requirements and priorities.
28/03/2024 - Application for a Premises Licence: Art’otel London Hoxton, 1-3 Rivington Street, London EC2A 3DT ref: 7702 Recommendations Approved
Decision Maker: Licensing Sub Committee D
Made at meeting: 28/03/2024 - Licensing Sub Committee D
Decision published: 23/04/2024
Effective from: 28/03/2024
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 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 additional conditions:
The following conditions to be added to the Premises Licence:
· No entry to the premises between the hours of 00:00 and 02:00 save for hotel residents and their bone fide guests.
· The terrace on the 5th (fifth) floor of the premises will be closed from
23:00 hours.
· Any alcohol sold or supplied for consumption off the premises must be
in sealed containers.
Reasons for the decision
The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.
The Sub-committee approved the application as applied for regulated entertainment, late night refreshment and supply of alcohol for consumption on and off the premises as set out in the report with the above additional conditions agreed by the Applicant to be added to the premises licence. The hours of operation applied for were approved without amendment.
The Sub-committee took into consideration that the Environmental Protection Team and the Metropolitan Police Service (“the Police”) agreed conditions in advance of the hearing with the Applicant and withdrew their representations. The Sub-committee noted that the Police had withdrawn their representation based on agreed terminal hours for late night refreshment and New Year’s Eve.
The Sub-committee took into consideration the representations made by the Licensing Authority objecting to this application, and their concerns about public nuisance. The Sub-committee noted that there were no representations from local residents.
The Sub-committee took into consideration the Applicant’s representations by their legal representative that entry to the premises was by booking on each floor, the use will be limited from 08:00 to 02:00, and there was a bespoke use of security staff on all floors. The Sub-committee noted that the premises are not in a special policy area at the moment.
The Sub-committee took into account the Licensing Authority’s representation, following a site visit, that the premises will be run to the highest standard in the vicinity. Following this site visit the Licensing Authority had no concerns.
The Sub-committee felt that the Applicant gave them assurances about how the premises would operate with limited access to members of the public.
Due to the height of the premises noise nuisance would not be an issue to local residents. The Sub-committee took into consideration that the Licensing Authority was satisfied that the Applicant would operate the premises to a high standard.
The Sub-committee took into consideration that the Applicant agreed that the terrace on the fifth floor would be closed after 23:00 hours, and there would be no new entry to the premises for non-residents and members of the public from midnight to 02:00.
Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied, when granting the application for a premises licence, that the Applicant had agreed conditions, and that the licensing objectives would not be undermined.
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.
22/04/2024 - CED S317 Amending the Council's Allocation Policy for Social Rented Homes ref: 7701 Recommendations Approved
Decision Maker: Cabinet
Made at meeting: 22/04/2024 - Cabinet
Decision published: 22/04/2024
Effective from: 22/04/2024
Decision:
RESOLVED:
That Cabinet agreed to alter the Council’s Allocations Policy in line with the recommendations contained within the report, and as set out in Appendix 1, with effect from 1 May 2024.
REASONS FOR DECISION:
Hackney Council is statutorily required to have in place a published allocation scheme as set out in Part VI of the Housing Act 1996 as amended by the Homelessness Act 2002 and the Localism Act 2011.
The context in which the allocations policy operates is increasingly complex and the allocations of properties are inevitably about distributing scarce resources against huge demand. The proposed changes set out in this report seek to address the potential for misunderstanding and misinterpretation of the Council's allocation policy, and to restore the clear policy intent.
In accordance with legal advice the policy is amended at paragraphs 2.1, 2.5.4, 2.7.4, 2.7.8 & 3.2.3 to reflect compliance with the Housing Act 1996.
The Children and Social Work Act 2017 defined for the first time in law the responsibility of corporate parents to ensure, as far as possible, secure, nurturing and positive experiences for looked-after children and young people, and care leavers. This means the Council has a responsibility to:
· act in the best interests, and promote the physical and mental health and wellbeing, of those children and young people
· encourage them to express their views, wishes and feelings, and take them into account, while promoting high aspirations and trying to secure the best outcomes for them
· make sure they have access to services
· make sure that they are safe, with stable home lives, relationships and education or work
· prepare them for adulthood and independent living.
The Living in Hackney & Children and Young People Scrutiny Commission 2022 review of the housing needs of care leavers in Hackney made a detailed report setting out its recommendations.
The Allocations Policy is changed at paragraphs 2.1 and 2.7.6 to reflect the Scrutiny Commission’s recommendations regarding care leavers.
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Care Leavers:
· Do not amend policy: This would undermine the Council’s corporate parenting role to Care Leavers and limit the options available. This has the effect of shifting the focus for housing outcomes for this cohort from the Care Leavers Team to the Benefits and Housing Needs Service. However, this support will almost certainly be to relieve homelessness rather than prevent it, as without earlier engagement with care leavers, the service will not have had the opportunity to work with them on the options available prior to the critical need for a resolution arising. As the housing crisis continues and potentially deepens, the Benefits and Housing Needs service are already finding immediate sustainable solutions extremely difficult to source, and the potential for a placement in temporary accommodation increases.
· Increase the quota - The paucity of social housing lets becoming available, means that increasing the number of quota properties would not necessarily result in an increase in care leavers achieving a social tenancy. Fulfilling the quota relies on the properties becoming available as we do not have a stock of suitable properties awaiting occupation. There is also the potential to reduce or remove the quota places for the other groups of residents leaving supported pathways and add them to the careleavers quota. Instead, the Care Leaving Service must react to opportunities as they arise, which places them in an invidious position where it must choose which care leavers are nominated without a clear assessment process with potential inconsistencies of allocation.
Homeless applicants - The allocations policy as currently worded does not fully meet the legislative intent as defined within the Housing Act 1996. Consequently, the Council is open to challenge from advocates. Failing to address this presents a reputational risk to the Council.
22/04/2024 - AHI S289 Introduction of a Policy on Public Health Funerals (Hackney Public Dignity Funerals) ref: 7700 Recommendations Approved
Decision Maker: Cabinet
Made at meeting: 22/04/2024 - Cabinet
Decision published: 22/04/2024
Effective from: 22/04/2024
Decision:
RESOLVED:
That Cabinet:
· Agreed to the adoption of the policy to cover when and how a public health funeral will be provided.
· Agreed to the name of the policy and provision of such funerals to be called Public Dignity Funerals.
REASONS FOR DECISION:
The government guidance on public health funerals recommends a local policy be implemented to cover when and how these funerals will be provided. Although Hackney council provided these funerals there was no written policy to provide guidance as to when and how these will be provided.
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Not to have a local policy- this will continue to lead to potential delays in determining when a funeral should be provided by the council which is contrary to the legal requirement for the deceased to be treated with dignity and respect.
To maintain the name public health funerals - although these funerals are provided in order to comply with the Public Health Act it was felt that the term Public Dignity Funeral better described the nature of the arrangements being made and the council’s commitment that all residents be treated with dignity and respect irrespective of their circumstances.
22/04/2024 - F S219 2023/24 Overall Financial Position Report - February 2024 ref: 7699 Recommendations Approved
Decision Maker: Cabinet
Made at meeting: 22/04/2024 - Cabinet
Decision published: 22/04/2024
Effective from: 22/04/2024
Decision:
RESOLVED:
That Cabinet noted the overall financial position of the Council as at February 2024 as set out in this report.
REASONS FOR DECISION:
To facilitate financial management and control of the Council's finances
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
This budget monitoring report is primarily an update on the Council’s financial position.
03/12/2019 - Application for a Premises Licence: Basement and Ground Floor, 88 Chatsworth, Road, E5 0LS ref: 7697 Recommendations Approved
Decision Maker: Licensing Sub Committee E
Made at meeting: 03/12/2019 - Licensing Sub Committee E
Decision published: 18/04/2024
Effective from: 03/12/2019
Decision:
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; and
· 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:
Supply of Alcohol (off sales)
Monday to Saturday 17:00 - 23:00
Sunday 16:00 - 23:00
Supply of Alcohol (on sales)
Monday to Thursday 17:00 - 23:30
Friday to Saturday 17:00 - 00:30
Sunday 16:00 - 23:30
· No Off-sales permitted after 2300 hours.
· Amend condition 28:
"The licensee will ensure that a maximum of 5 persons shall use the designated smoking area at any one time".
And the following conditions to be added to the Premises Licence:
· The Premises Licence holder has agreed to the 11 conditions proposed by the Police as set out at paragraph 8.1 of the Licensing report that will be added to the premises licence.
· The contact details of the duty manager and the Designated Premises Supervisor shall be on display at the front of the premises to be clearly accessible without having to enter the premises so that local residents can make contact regarding issues and concerns they have with the premises.
Reasons for the decision
The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.
The Sub-committee took into consideration that the Environmental Protection Team agreed conditions in advance of the hearing with the Applicant and withdrew their representation.
The Sub-committee took into consideration the representations made by the Metropolitan Police Service (“the Police”) and the Licensing Authority objecting to this application, and their concerns about the operation of the premises in a residential area. The Sub-committee noted that there were no representations from local residents.
The Sub-committee took into account that the Licensing Authority made representations that the hours applied for were slightly outside the core hours and there were also concerns about the residential premises being directly above the premises. The Licensing Authority also had concerns related to unauthorised activity
The Sub-committee took into account that the Police representations that the hours applied for were outside of the core hours and that the premises were located with off licences to either side of it. The Police’s primary concern related to the off sales of alcohol close to the residential area.
The Sub-committee took into account that this was an application for a premises licence, following the lapse of the previous premises licence, which was not transferred within 28 days.
The Sub-committee took into consideration that both Applicants were experienced premises licence holders that had been in the hospitality industry for over 6 years and one of the Applicants owned a coffee shop in Well Street which has an alcohol licence. The other Applicant had a cocktail bar.
The Sub-committee noted the Applicants intended to create a neighbourhood bar for the local community specialising in spirits and organic wines. The Applicants intend to operate a bar and not a nightclub, and they did not intend to open the premises on Mondays.
The Sub-committee noted that no cooked food would be available at the premises because there was no kitchen on site. The Sub-committee took into consideration that the capacity of the premises is estimated at 60 however the Applicants were not expecting to have the maximum number of customers at any one time.
The Sub-committee was satisfied that the complaints made by local residents about the previous licence holder were primarily related to noise nuisance. The Sub-committee noted that the Applicants had contacted local residents to try and address their concerns.
The Sub-committee took into consideration that the Applicants agreed that there would be no more than five smokers at any one time outside of the premises, and the outside area would be monitored by staff. The Sub-committee noted that no glass and drinks would be taken outside at any time.
The Sub-committee took into account that the Applicants accepted the conditions proposed by the Police and they agreed to reduce the hours for the supply of alcohol by 30 minutes before closing time.
The Sub-committee took into consideration each application on its own merits.
Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied, when granting the application for a premises licence, that the Applicants had agreed conditions, reduced the hours for the supply of alcohol, and that the licensing objectives would be maintained.
Wards affected: Lea Bridge;
17/04/2024 - Audit and Anti-Fraud Progress Report to March 2024 ref: 7693 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED:
· To consider and note the progress and performance of the Audit & Anti-Fraud Service to 31 March 2024 (Appendices 1 - 4).
· To consider the briefing and approve an approach to the Full Council to approve a change to the Committee’s terms of reference to allow the appointment of two independent members.
17/04/2024 - Annual Report of the Audit Committee 2023/24 ref: 7695 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the Annual Report of the Audit Committee set out in Appendix 1
17/04/2024 - Whistleblowing Annual Report 2023/2024 ref: 7694 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED:
· To note the Whistleblowing Annual Report (Appendix 1)
· To approve the updated Whistleblowing Policy (Appendix 2)
17/04/2024 - Internal Audit Annual Plan ref: 7692 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To consider and approve the proposed Internal Audit Annual Plan 2024/25 and key performance measures (attached as Appendix 1).
17/04/2024 - Performance Update ref: 7691 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To consider the performance indicators presented in Appendix 1, the Risk Management Scorecard in Appendix 2 and the current capital monitoring update in Appendix 3.
17/04/2024 - Children and Education Directorate Risk Register ref: 7690 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: to note the contents of the report and the attached risk registers and controls in place.
17/04/2024 - Adults, Health and Integration Directorate Risk Register ref: 7689 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: to note the contents of the report and the attached risk registers and controls in place.
17/04/2024 - Deep Dive: School Budgets and Financial Sustainability ref: 7688 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the contents of the report.
17/04/2024 - Deep Dive: Public Interest Reports ref: 7687 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the contents of the report.
17/04/2024 - Treasury Management Update ref: 7686 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the update to the Committee.
17/04/2024 - Finance Update ref: 7685 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the update on the overall financial position.
17/04/2024 - Indicative External Audit Plan 2023/24 ref: 7684 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To consider and note the contents of the attached reports from Mazars, the Council’s external auditor.
17/04/2024 - External Audit Status Report ref: 7683 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the contents of the reports.
17/04/2024 - Audit Committee Work Programme ref: 7696 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: To note the proposed work programme.
17/04/2024 - Minutes of the Previous Meeting ref: 7682 Recommendations Approved
Decision Maker: Audit Committee
Made at meeting: 17/04/2024 - Audit Committee
Decision published: 18/04/2024
Effective from: 17/04/2024
Decision:
RESOLVED: That the Minutes of the previous meetings be agreed as a correct record.
06/10/2022 - Variation of a Premises License: Hackney Tap ( Formerly Gyoza Town), Ground FLoor,354 Mare Street, E8 1 HR ref: 7680 For Determination
Decision Maker: Licensing Sub Committee D
Made at meeting: 06/10/2022 - Licensing Sub Committee D
Decision published: 17/04/2024
Effective from: 06/10/2022
Decision:
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 to vary a premises licence has been partially 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 for the use of the external area of the premises are granted as follows:
Monday to Thursday 10:00 - 22:30
Friday to Saturday 10:00 - 23:00
Sunday 11:00 - 22:30
· Condition 39 has been amended to:
·
“The external area shall be closed to the public by
22:30 hours from Monday to Thursday
23:00 hours from Friday to Saturday
and 22:30 hours on Sundays
with the exception of smokers immediately outside the front of the premises who will not be permitted to take drinks outside after 22:30 hours from Monday to Thursday, 23:00 hours from Friday to Saturday and 22:30 hours on Sundays”
· Condition 40 has been amended to:
“The maximum number of persons (excluding staff) allowed in
the external area of the premises shall not exceed 64 seated patrons”
· Condition 41 has been amended to:
“Notices will be displayed in the external area stating that this
area is for seated patrons only. Waiter/Waitress services will be
available in the external seating area after 17:00 hours until the
external area closes between 1st April and 30th September each year”.
And the following conditions will be added to the premises licence:
· The requirements for SIA door supervision shall be risk assessed by
the DPS or a nominated staff member for opening after 22:00
on Friday and Saturday, and SIA door supervisors shall be in place on
these days.
The risk assessment will be documented and will deal with the following:
a. Hours of operation
b. Expected customer numbers and peak times for customer attendance
c. Any specific risks identified such as events, particularly hot weather,
national holidays, etc
d. Number of door supervisors (if any) to be employed and start and
finish times
e. Reasons why SIA door supervisors are not used.
A copy of each risk assessment will be retained for a minimum of 12 months and shall be made available upon request.
· The Licence holder shall maintain a dedicated contact telephone
number and email address that must be available at all times to all local residents, the Environmental Health Officers, the Licensing Authority, the Police, and any Responsible Authority or any person wishing to make a complaint. These contact details shall be included on the website of the premises, and on display at the premises, which can be used to report concerns or complaints about the premises to a duty manager, a responsible person or a member of the management team at the premises as and when they occur during the operation of the licence in a prominent external location at the premises that is easily accessible to members of the public and local residents.
· The Licence holder to hold and publicise liaison meetings
at least every 6 months with local residents to address any concerns or
complaints about the premises
Reasons for the decision
The application to vary this premises licence has been partially approved as members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined.
The extended hours for recorded music, late night refreshment, and the supply of alcohol, as set out in the report, were granted as applied for with no amendment made to these hours.
The Sub-committee took into consideration the representations from the Metropolitan Police Service (“the Police”), the Environmental Protection Team and the Licensing Authority who raised representations on the grounds of public nuisance and crime and disorder. The Sub-committee took into account that the Police made representations about the external area and security. It was noted that the Police had no concerns about the inside of the premises. The Sub-committee took into account that the Licensing Authority had the same concerns about tables and chairs in the external area.
The Sub-committee took into consideration the representations made by the Applicant who felt that they could operate later hours without undermining the licensing objectives. The Sub-committee took into account that there are
3 staff to manage the external area if full capacity. The Applicant contended that there was no standing in the external area, there was waiter service and people go into the bar to order drinks.
The Sub-committee took into consideration how the premises had been operating and the support received from the church as owner of the land and
from local residents. The Sub-committee took into account that the premises have a positive impact on the area and promotes community engagement. The Sub-committee took into account that there were no complaints from local residents and there were 5 representations in support of the application
The Sub-committee would like that on a Friday and Saturday to have SIA and that the Applicant to demonstrate that they are a responsible operator that will prevent issues arising in the external area. The Sub-committee were pleased that Applicant agreed to the SIA condition and the other conditions being added to the premises licence. Also the reduced hours were agreed by the Applicant. The Sub-committee was not comfortable with the capacity of 84 in the external area. The Sub-committee felt a capacity of 64 with 16 tables was more acceptable.
The Sub-committee felt this decision is balanced and proportionate in the circumstances particularly in respect of the external area where noise late at night is the main concern. The Sub-committee took into consideration the impact on the local area and felt that meetings with the local residents will ensure that the premises are aware of any issues with the operation of the premises.
The Sub-committee takes into consideration each application on its own merits.
Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this partial variation to the premises licence that the licensing objectives would continue to be promoted.
06/10/2022 - Temporary Event Notices - Standing Item ref: 7681 Recommendations Approved
Decision Maker: Licensing Sub Committee D
Made at meeting: 06/10/2022 - Licensing Sub Committee D
Decision published: 17/04/2024
Effective from: 06/10/2022
Decision:
There were no temporary event notices.
03/07/2023 - Application for a Review of Premises Licence -Y ours London, Basement and Ground Floor, 54-56 Scrutton Street , EC2A 4PH ref: 7679 Recommendations Approved
Decision Maker: Licensing Sub Committee A
Made at meeting: 03/07/2023 - Licensing Sub Committee A
Decision published: 16/04/2024
Effective from: 03/07/2023
Decision:
RESOLVED: The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing today 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 Licensing Sub-Committee made the following determination: to modify the
premises licence as follows:
• Sunday to Wednesday the rear garden shall close at 22:00.
• Thursday to Saturday the rear garden shall close at 00:00.
• Condition 18 to be amended as follows:
“There shall be no glass, drinks or open containers taken outside of the
premises at any time”.
• The capacity of the premises shall be determined on the grounds of fire
safety and following a physical assessment by a competent person.
• The Premises Licence holder to submit a Noise Management Plan to
be submitted to the Licensing Authority and the Environmental Protection Team to resolve noise issues with the extractor fan, speakers
The Reasons for the Decision:
The Licensing Sub-Committee after carefully considering the evidence presented to them at the review hearing by the Applicant, (the Environmental Protection Team), the Licensing Authority, the Legal Representative who represented the Premises Licence holder, the Premises Licence holder, and Other Person (a local resident) who made representations in support of the premises decided that the appropriate course of action was to modify the conditions on the premises licence in particular relating to the rear garden, concerns about the extractor fan and the need to test the noise level and rear garden.
The Sub-committee took into consideration that the Environmental Protection Team has applied for a review seeking to revoke the premises licence for the Basement And Ground Floor 54-56 Scrutton Street.
The Sub-committee heard representations from the Environmental Protection Officer that the review on the grounds of prevention of public nuisance was for the period 19 September 2021 - 22 March 2023.
The Sub-committee took into consideration that there were 36 official complaints received from local residents over an 18month period on an ongoing basis without resolution, and for that reason the Environmental Protection Team were seeking to revoke the premises licence.
The Sub-committee took into consideration that the Premises Licence holder has had a premises licence since 12th June 2018. Subsequently the Premises Licence holder applied to vary the premises licence in October 2021 to extend the terminal hours for all licensable activities on Thursday to Saturday. The Licensing Sub-Committee heard this variation application on 11th January 2022.
The Sub-committee took into account local residents’ representations in support of the review application.
The Sub-committee took into consideration the following complaints received by the Environmental Protection Team:
• 25.03.23 at 23:11 hours - Loud amplified music
• 26.3.23 from 00:08 to 00:15 hours - Loud amplified music,
• 21.07.22 The Environmental Protection Team visited following complaints about music from the garden at 23:08 then at 23:36 hours when the premises were closed.
The Sub-committee took into consideration the following visits carried out by the Environmental Protection Team:
I. Visit in March 2023, a customer brought their own sound system in and played it,and since then it has never happened again.
II. On 11 May 2023, was a proactive visit found in a residential premises and heard what was a statutory nuisance.
III. Noise nuisance witnessed on 11th May 2023 at 20:55 Noise Abatement notices have been issued against the premises.
IV. A local resident for over eight months stated there have been no disturbances in the area and it is quite noisy and a busy area.
V. A local resident’s bedroom is above the garden and has no issues from the premises and no complaints about noise.
The Premises Licence holder’s legal representative contended that they were to visits from Environmental Protection regarding anonymous complaints, which they have not seen and have not been fully investigated
The Sub-committee noted that the last complaint was in April 2023, and premises have a condition that restricts them to only playing background music.
The Sub-committee took into account that Environmental Protection Officer
did go to the front of the restaurant and heard the extractor fan noise.
The Sub-committee took into consideration that there was extractor fan noise from 18 May 2023. It was noted that since then a further nine complaints were received at the end of June 2023, relating to extractor fan noise. The Premises licence holder was notified about these complaints.
The Sub-committee noted that on 11 May 2023 noise nuisance was witnessed prior to that there were no complaints about the extractor fan since 2018.
The Sub-committee took into consideration that the local resident confirmed the
extractor fan could be heard, however, the local resident did not feel it affected them.
The legal advisor for the Premises licence holder contended that there were no
issues prior to May 2023. There was a possible issue with the hardware which can cause disturbance to residents above the premises.
The Sub-committee noted that the Environmental Protection Officer made
representations that complaints were made during the Covid 19 pandemic
restrictions from residential premises.
The Sub-committee took into account that the Environmental Protection Officer
heard the extractor system making a humming noise which was intrusive, and the Premises licence holder did not contact the Environmental Protection Team. The Environmental Protection Officer made submissions that they did not know how all residents were affected; they only knew how the complainant was affected, and the Environmental Protection Officer witnessed a statutory nuisance.
The Environmental Protection Officer made representations that they try to work with licence holders, however, the Premises licence holder did not communicate in this case. Therefore, Environmental Protection had no choice but to take enforcement action. The Premises licence holder contended that they were not aware of the Environmental Protection Team communications.
The Sub-committee took into consideration that most of the complaints are to do with the use of the outdoor area Sunday to Wednesday up to 23:00 hours other days after midnight.
The Sub-committee noted that the noise report was produced for planning purposes, and that there were 2 visits to the premises in March and May 2023.
The Environment Protection Team found the music played is background music
condition 23 was being complied with as they use a noise limiter that was working.
The Sub-committee took into account that on 11 May 2023 customers were found smoking in the garden area which can be a maximum of 50% enclosed under smoke free legislation. It was noted that if the roof is open it cannot contain the noise.
The Premises licence holder made representations that there are a lot of similar
premises to theirs and they have not generated noise nuisance from the gardens. The Environmental Protection Officer made representations that if speakers are on the ceiling, it will vibrate. The Licence holder made representations that the speakers run under the residential flats above the premises and they have not had complaints from those residents.
The Sub-committed noted the Environmental Protection Team representation that they receive complaints, some of which are unsubstantiated, and that the review application was made due to the lack of communication with the Premises licence holder. The Sub-committee noted that the decision to bring a review was not taken lightly.
The Environment Protection Officer made representations that they were willing to meet with the licence holders and they wanted the premises licence holder to maintain the licensing objectives.
The Sub-committee noted that the local resident who lives above the premises made representations that it is generally a noisy area, but it is not the premises that have caused this, it is the customers. It was noted that customers are asked to leave quietly and without causing a nuisance.
The Premises licence holder’s legal representative made representations that the complaints were not investigated sufficiently, and the Premises licence holder does not accept that they did not respond to the Environmental Protection Team correspondence. The Premises licence holder made representations that they were happy to meet with the Environmental Protection Team.
The Sub-committee noted the Environmental Protection Office’s representation
that the Noise Abatement Notice has expired and if the extractor fan is not replaced they will consider enforcement action such as prosecution. The Environmental Protection Officer felt that the Premises licence holder needed to take the complaints more seriously and communicate with the Environmental Protection Team.
The Sub-committee were disappointed that the Premises Licence holder did not engage with the Environmental Protection Team earlier to try and resolve the issues.
The Sub-committee decided not to revoke the premises licence, and took into
consideration that there were a number of complaints. The Sub-committee noted there were two residents who supported the application for the review. These local residents did not attend and make their representations, therefore the Sub-committee could not and ask questions.
The Sub-committee felt it was not appropriate to revoke the premises licence.
The Sub-committee took into consideration that the Premises licence holder accepted the conditions proposed by the Licensing Authority as the way forward to resolve the public nuisance issues.
The Sub-committee felt that with modified conditions on the licence, the premises would improve and be run in a manner that complied with the conditions of the premises licence, and would promote the licensing objectives in the future.
Public Informative:
The Premises licence holder is encouraged to engage in meaningful dialogue with the local residents to resolve any issues relating to the premises, and for the Premises licence holder to play their part in reducing any impacts of noise emanating from the premises, particularly during the evening and late at night.
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
Wards affected: Hoxton East & Shoreditch;