The Licensing Sub-Committee was scheduled to consider three applications for new premises licences, as well as applications for temporary event notices. All of the applications were for premises in Hoxton East & Shoreditch.

128-130 Curtain Road

Leamington Holdings Inc was scheduled to apply for a new premises licence for 128-130 Curtain Road. The application requested the ability to show films, serve late night refreshment and supply alcohol for consumption on and off the premises. The applicant requested that the licence be granted for a temporary period. The requested hours were from 08:00 to 00:00 for films and the supply of alcohol, and from 23:00 to 05:00 for late night refreshment, seven days a week.

The premises is currently operated as Nancy Spains. The applicant's covering letter described the application as a “shadow licence”. A shadow licence is a premises licence that is held by a person or company other than the operator of a premises. It is often used by landlords to protect their interests in a property, and to ensure that the property can continue to be used for licensable activities even if the current tenant leaves.

The application was scheduled to be considered because three representations objecting to it had been received from local residents. The residents raised concerns on the grounds of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. A representation from one of the residents raised concerns about the use of shadow licences, arguing that:

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.

The resident also noted that Nancy Spains had been refused a licence variation to extend their hours at a previous meeting.

The Licensing Officer recommended that the Sub-Committee grant the licence, subject to a number of conditions that are routinely attached to licences for the supply of alcohol, as well as a number of conditions that had been proposed by the applicant in their operating schedule, including that:

No takeaways shall be allowed after 12 midnight on any day.

Shoreditch Grill

Mr Arif Rafe applied for a new premises licence for Shoreditch Grill, 51 Hackney Road. The application requested the ability to serve late night refreshment between 23:00 and 05:00, seven days a week. The application included a plan of the premises showing the layout of the restaurant, including the location of the kitchen, customer seating, toilets and servery.

The application was scheduled to be considered because representations had been received from the Police and the Council's Environmental Enforcement and Licensing teams. The Police raised concerns that:

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 noted that Council officers had previously found the premises selling hot food after 23:00 without a licence. They asked that if the licence were to be granted, it would be subject to a number of conditions, including a requirement to install CCTV, to keep a record of all crimes, ejections and complaints and to employ security staff after 23:00.

The Environmental Enforcement team asked that a number of conditions relating to waste disposal be attached to any licence that was granted. These included the requirement to have a written waste management plan, to only use an appropriate waste contractor, to not leave waste on the street outside of permitted hours and to ensure that staff regularly clear litter from outside the premises.

The Licensing Authority noted that the premises' planning permission only allowed it to operate until 23:00 on Sunday-Friday and until midnight on Saturday, and that:

The applicants attention is also drawn to the LP5 (Planning) within the Council’s Licensing Policy which states:

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. The Licensing Authority may take into account the lack of planning permission or an established lawful use in deciding whether there is likely to be any harm to the licensing objectives.

The Licensing Officer recommended that the Sub-Committee grant the licence, subject to the conditions suggested by the Police and the Environmental Enforcement team.

Callooh Callay Bar

Leamington Holdings Inc was scheduled to apply for a new premises licence for Callooh Callay Bar, Suna House, 65 Rivington Street. The application requested the ability to show films, host live and recorded music and dance performances, provide late night refreshment and serve alcohol. The application requested that the licence be granted for a temporary period. The applicant requested a closing time of 01:00 Sunday to Wednesday, 02:00 Thursday to Saturday and 02:00 on New Year’s Eve.

The premises is currently operated as Callooh Callay Bar, and has held a licence since 2008. The applicant's covering letter described the application as a “shadow licence”, which means that it would not become “active” until the current licence lapses. The application was made because representations had been received from the Council’s Environmental Enforcement and Fire Safety teams.

The Environmental Enforcement team requested that a number of conditions relating to waste disposal be attached to the licence, mirroring their request for Shoreditch Grill.

The Fire Safety team raised concerns that they had previously found a number of fire safety failings at the premises, including that:

The structure forming separation between the ground floor kitchen area and the secondary means of escape is not provided with sufficient fire separation as outlined within the fire risk assessment.

The Licensing Officer recommended that the Sub-Committee grant the application, subject to all of the conditions currently attached to the premises' existing licence, as well as the conditions suggested by the Environmental Enforcement and Fire Safety teams.

Temporary Event Notices

The Sub-Committee was also scheduled to consider a number of applications for Temporary Event Notices¹. A Temporary Event Notice (TEN) is a temporary licence that allows the holder to carry out licensable activities for up to 168 hours.