This meeting was scheduled to consider one new premises licence application and one variation to an existing premises licence. The meeting was also scheduled to hear representations on applications for Temporary Event Notices, which allow the sale of alcohol for up to 168 hours.

Premises Licence Application: Hackney Garden, 357A Wick Road

The Licensing Sub-Committee was scheduled to consider an application from Mr Adeel Shahid for a new premises licence for Hackney Garden, a restaurant on Wick Road.

Mr Shahid was seeking permission to serve late night refreshment¹ between 23:00 - 02:00 from Monday to Thursday and Sunday, and between 23:00 - 04:00 on Friday and Saturday.

Nine residents had written to the council to object to the application.

The Licensing Authority submitted a representation raising concerns that granting the licence could undermine the council's objective of preventing public nuisance.

The proposed hours of activity could therefore have a negative impact on the promotion of the licensing objectives, in particular, the prevention of public nuisance given the nature of the surrounding area. The premises is located close to residential properties which could be negatively impacted as a result of customers vacating the premises at the proposed terminal hours.

The Licensing Authority also pointed out that there may be issues with the planning permission for the site, which may restrict the hours the premises can operate.

Hackney Council's Environmental Enforcement team also objected to the application. However, they withdrew their representation after agreeing with the applicant that a number of conditions would be attached to the licence if it were granted. The Metropolitan Police submitted a representation, but subsequently withdrew it after the applicant agreed to some of the conditions they had proposed.

Premises Licence Variation: Unit 7, 2-4 Orsman Road, London, N1 5FB

The Sub-Committee was scheduled to consider an application from Mr Haci Ozturk to vary the existing premises licence for Unit 7, 2-4 Orsman Road.

Mr Ozturk applied to be allowed to:

• show plays, films, and put on live music, recorded music, and dance performances every day from 10:00 until 23:00, and until 04:00 on Fridays and Saturdays
• sell alcohol for consumption on and off the premises every day from 10:00 until 23:00, and until 04:00 on Fridays and Saturdays
• serve late night refreshment on Fridays and Saturdays from 23:00 until 04:00.

The Metropolitan Police, the Planning Authority, and the Licensing Authority all submitted representations objecting to the application.

The Metropolitan Police were concerned about the application because of noise complaints about the venue.

This application seeks regulated entertainment, and the sale of alcohol from 1000- 2300hrs Monday – Thursday, 1000-0400hrs Friday – Saturday and 1000-2230hrs Sundays. There is also the request for Late night refreshment on Friday and Saturday from 2300-0400hrs.

The applications seeks hours that are in excess of Core Hours in LP3 of the Councils Licensing Policy.

The venue has continued to attract complaints from local residents whilst it has been operating both on its current licence and on TENs. Multiple noise complaints have been made by local residents about loud music coming from the venue, as well as disturbance from customers outside. The most recent of these complaints being on 13th July 2024.

The police also raised concerns that the venue has been operating in breach of planning enforcement notices. They argued that this undermines the council's objective of preventing crime and disorder, stating that:

Police are also aware that there is currently a planning enforcement case which has now made it to court. As such the venue is undermining the prevention of crime and disorder objective by repeatedly operating in contravention of planning enforcement notices. The case was originally listed for court on 23 July but has been adjourned until September.

The Planning Enforcement team objected to the licence because it considered the venue to be operating unlawfully as a bar. The team had served enforcement notices and stop notices on the premises, and were prosecuting the operators.

The planning enforcement team has determined by way of the service of 2x enforcement notices and 2x stop notices that:

The use of the premise as a bar is inappropriate by reason of its detriment to the amenity of surrounding neighbours with regard to potential noise impacts, lack of clarity with regard to customer management, negative impact on the primary Employment Area, is an incongruous form of development, which adversely affects the surrounding local area with regards to amenity and provision of employment land.

Furthermore, the failure to comply with both enforcement notices is an offence contrary to Section 179(2) of the Town and Country Planning Act 1990 (as amended) and the contravention of both stop notices is an offence contrary to Section 187 of the Town and Country Planning Act 1990 (as amended). These matters are currently being prosecuted.

The Licensing Authority submitted a representation objecting to the licence. They agreed with the Planning Enforcement and Police that the application should be refused because the applicant's activities may be unlawful and because they have generated complaints from residents. The Licensing Authority stated that:

Given the locality, lack of relevant Planning permission and the fact that the site is already licensed but continues to raise concerns and/or have allegations made against it. The Licensing Authority would ask the application be refused or deferred until such time that the concerns from residents, responsible authorities and the ongoing litigation has been resolved.

The Licensing Authority also pointed out that the requested hours are later than those normally allowed in Hackney's Statement of Licensing Policy.

LP3 Core Hours

Hours for licensable activity will generally be authorised, subject to demonstrating LP 1 and LP2, as follows:

• Monday to Thursday 08:00 to 23:00
• Friday and Saturday 08:00 to 00:00
• Sunday 10:00 to 22:30

Hours may be more restrictive dependent on the character of the area and if the individual circumstances require it. Later hours may be considered where the applicant has identified any risk that may undermine the promotion of the licensing objectives and has put in place robust measures to mitigate those risks.

It should be noted that this policy does not apply to those who are making an application within a special policy area (see section 3) unless they have been able to demonstrate that the proposed activity or operation of the premises will not add to the cumulative impact that is already being experienced.