Licensing Sub Committee D - Tuesday 10 September 2024 2.00 pm

September 10, 2024 View on council website
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Summary

This meeting was scheduled to consider three applications for new Premises Licences, as well as any Temporary Event Notices that had been submitted. The meeting also included a discussion of the procedure to be followed during Licensing Sub-Committee hearings.

Premises Licence Applications

The three Premises Licence applications being considered were all in the Hoxton East & Shoreditch ward.

128-130 Curtain Road

Leamington Holdings Inc was requesting a Premises Licence to authorise the exhibition of films, the provision of late night refreshment and the supply of alcohol for consumption both on and off the premises. The application included a request for 24-hour opening and the ability to sell alcohol until 5am every day.

The premises is currently occupied by Nancy Spains. Nancy Spains has been granted a Premises Licence to allow the sale of alcohol until 2am on Fridays and Saturdays, and midnight on other days, but Leamington Holdings Inc's application requested more permissive hours.

There were three representations from local residents objecting to the application on the grounds of:

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm.

One of the residents also raised concerns about what they believed to be a “business strategy” being employed by the freeholder to obtain more generous licensing conditions than the occupier could:

The building owner applies for a shadow license, with hours greater than his operational tenant and fewer conditions. Once approved, that new extended license is transferred from building owner to the tenant. The transfer of licenses legislation gives the Police little room to object and also removes community engagement.

Shoreditch Grill, 51 Hackney Road

Mr Arif Rafe was requesting a Premises Licence to authorise the provision of late night refreshment at Shoreditch Grill. This was a new application as the premises is not currently licensed. The application sought permission to open from 11am until 5am every day.

There were representations from the Metropolitan Police and the Council’s Licensing Authority, as well as one from local residents, objecting to the application. They raised concerns about:

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm.

The Police representation included a request that the licence be restricted to “core hours” because:

This premises is located in an area subject to cumulative impact due to a high concentration of licensed and late night venues. Although this venue will not be selling alcohol, it will be dealing with the effects of people who have consumed alcohol over several hours in other venues. Police have serious concerns regarding public nuisance, violence and disorder arising outside or some distance from the premises.

The Police also raised concerns because they had observed the premises selling hot food after 11pm on two occasions in March 2024.

The Council’s Licensing Authority drew attention to the premises’ planning permission, which only permits the restaurant to open until 11pm on Sunday to Friday, and midnight on Saturday. They also highlighted Hackney Council’s Statement of Licensing Policy1, which states that:

Licence applications should normally be from premises where: a) The activity to be authorised by the licence is a lawful planning use or is a deemed permitted development pursuant to the General Permitted Development Order (1995) as amended. b) The hours sought do not exceed those authorised by any planning permission.

Callooh Callay Bar, Suna House, 65 Rivington Street

Leamington Holdings Inc was requesting a new Premises Licence for Callooh Callay Bar to authorise films, live music, recorded music, performances of dance, “anything of a similar description”, late night refreshment and the supply of alcohol for consumption on the premises. The application requested a variety of opening hours for different licensable activities, including permission to open until 2am on Thursday to Saturday. They described the application as a “shadow licence”, meaning it would not become active until the existing Premises Licence expires or is revoked.

There were representations from the London Fire Brigade and the Council’s Environmental Enforcement team. They raised concerns about:

  • public safety
  • the prevention of public nuisance

The Fire Brigade reported that an inspection of the premises had found a number of fire safety issues, including inadequate fire-resisting separation between the kitchen and secondary means of escape.

The Environmental Enforcement representation concerned waste disposal and included a request for a number of conditions to be added to the licence. These included conditions requiring the licensee to:

  • provide safe receptacles for cigarette ends
  • ensure that waste is not left on the public highway outside of permitted times
  • display their trade waste agreement in the window of the premises

Licensing Sub-Committee Hearing Procedure

The meeting agenda included a document entitled “Licensing Sub-Committee Hearings”. This described the procedures that the Licensing Sub-Committee would follow during its hearings. It explained that:

  • hearings are normally held in public
  • hearings are “quasi-judicial” and must follow rules of natural justice2
  • only those who have made a relevant representation in writing during the consultation stage may speak at the hearing
  • the Sub-Committee may still make a decision on a matter even if one of the parties fails to attend the hearing

The document also included step-by-step guidance on how the hearing would proceed. It explained the order in which the parties would be invited to speak and the time that would be allocated to each section of the hearing.


  1. The Statement of Licensing Policy is a document published by the Council that sets out the Council’s policy on licensing matters. It is used by the Licensing Sub-Committee when making decisions on licensing applications. 

  2. Natural justice is a legal principle that requires that a person be given a fair hearing before a decision is made that affects them.