This Licensing Sub Committee B meeting was about considering an application to vary the premises licence for Heart of Hackney at 255 Mare Street, and an application for a new premises licence for Tops Pizza at 104 Well Street. Both applications relate to extending the hours the businesses can trade.

Heart of Hackney, 255 Mare Street

The meeting report pack contains the application from Mr Aziz Ozdemir to vary the existing premises licence for the Heart of Hackney pub.

Mr Ozdemir wanted the licence to authorise later hours for licensable activities. These included recorded music, the supply of alcohol, and late night refreshment indoors until 23:30 from Sunday to Wednesday, until 00:30 on Thursday, and until 02:30 on Friday and Saturday. It also included an extension to the hours for the use of the rear beer garden until 20:00 every day.

In support of his application, Mr Ozdemir submitted a statement in which he claimed to have successfully turned the premises round and stated that since it reopened in the summer of 2023 under his ownership it has been run efficiently and safely for the last 11 months without any incidents. He also provided a noise survey report by Shaun Murkett, an acoustic consultant¹. This report states that a sound limiter has been fitted in the pub and calibrated to an internal music sound level of 84 dBC Leq 1 min, 81 dBA Laeq 1 min, 70 dB at 63 Hz; 77 dB at 125 Hz.

The Metropolitan Police made a representation objecting to the application on the grounds of the prevention of crime and disorder and the prevention of public nuisance. PC Griggs stated in the representation that the later hours will undoubtedly impact the local residents and argued for a reduction of hours.

The Council's Licensing Authority also made a representation objecting to the application on the grounds of the prevention of public nuisance. Channing Riviere, a Principal Licensing Officer, pointed out that the hours sought for the sale of alcohol are outside the core hours set out in the Council's Statement of Licensing Policy 2023-2028. The relevant section of the policy states:

Hours for licensable activity will generally be authorised, subject to demonstrating [satisfactory measures to mitigate any risk of the proposed operation making an unacceptable contribution to levels of crime and disorder in the locality], and [that the necessary and satisfactory risk assessments have been undertaken, the management procedures put in place and the relevant certification produced to demonstrate that the public will be kept safe both within and in close proximity to the premises], as follows:

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

Riviere argued that extended authorised hours may increase the risk that the licensing objectives may be undermined. He also noted that no additional conditions have been offered in the application in an attempt to mitigate the potential risks associated with the increased hours sought. He suggested that the applicant consider reducing the requested hours or accepting a condition that refuses re-entry and/or new entry after a particular time.

The report pack also contains a number of representations from local residents. These include 9 opposing the application and 1 supporting it.

One resident who lives in Vanguard House supported the application, stating that the pub adds some vibrancy to the area and that they had not experienced any noise disturbance from it. However, most of the representations opposed to the application came from residents of Hacon Square and expressed concerns about the potential for noise disturbance, with several claiming that the pub had already been in breach of its existing licence conditions relating to the use of the beer garden after 18:00. One resident wrote:

We firstly want to make you aware that the pub has been breaching their current licensing conditions by using the pub garden until 8pm on many week nights. We understand that they only have a license for daily usage until 6pm. There have also been more than 20 people in the garden area on many occasions, again breaching the current licensing guidelines. The noise from the garden is very loud and disruptive.

Other residents stated their opposition to any extension to the pub's hours, citing fears about a return to two stabbings at the venue in the past and concerns about public nuisance, crime and disorder, and the area becoming endanger[ed]... due to overconsumption of alcohol.

The report prepared for the meeting by Licensing Officer Sanaria Hussain suggested a number of conditions to be applied to the licence if the Sub Committee were to approve it. These included:

1. Condition 19 to be removed and replaced with the “The garden area shall close and cease to be used from 20.00 each day. The tables and chairs in the outside garden area shall be rendered unusable after that time”
2. A securityperson shall be on duty in the garden from 5 pm to 8 pm, to keep all customers as quiet as possible.
3. There shall be no new entry of customers after 1 am on Friday and Saturdays.

Tops Pizza, 104 Well Street

The meeting report pack contains the application from Mr Ali Yazdi for a new premises licence for the Tops Pizza takeaway restaurant at 104 Well Street.

Mr Yazdi wanted the licence to authorise late night refreshment from 23:00-02:00 Sunday-Thursday and 23:00-04:00 Friday-Saturday. The application states that he wants to employ at least two staff members after 21:00 each night and does not intend to allow children under 16 on the premises after 23:00.

The Council's Environmental Enforcement team objected to the application on the grounds of the prevention of public nuisance. Jacey Frewin, the team's representative, cited concerns about waste disposal, stating that We have received complaints in the past regarding littering and build-up of waste in the area. They requested that a number of conditions relating to the storage and disposal of waste be attached to the licence if it were to be approved.

The Council's Licensing Authority also made a representation objecting to the application on the grounds of the prevention of public nuisance. Business Regulation Team Leader, David Tuitt, cited concerns that the hours requested were outside the Council's core hours policy and that the applicant may not have the correct planning permission to operate as a hot food takeaway. He requested additional submissions from the applicant.

The report prepared for the meeting by Licensing Officer Suba Sriramana stated that the Metropolitan Police's initial representation objecting to the application had been withdrawn following agreement over conditions to be attached to the licence if the application were to be granted. She suggested a number of conditions that should be applied to the licence in addition to those requested by Environmental Enforcement. These included:

1. At least two staff members will be on-site after 21:00 hours until closing.
2. No children under 16 will be allowed on the premises after 11:00 PM.
3. Staff training records will be documented, signed, and available for inspection by police or Hackney Council officers.
4. We will ensure the area within 5 meters of the premises is cleared of litter daily.
5. An intruder alarm, linked to security, will be installed with a panic button.
6. All deliveries will take place between 09:00 and 18:00.
7. Delivery drivers will conduct their activities without causing noise disturbances, turn off engines immediately upon arrival, and park considerately.
8. A clear, unobstructed view into the premises will be maintained at all times.
9. The premises shall maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All public areas, entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer.
10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police or an authorised officer of Hackney Borough Council recent data or footage with the absolute minimum of delay when requested.
11. An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following:
    • all crimes reported to the venue
    • any complaints received
    • any incidents of disorder
    • any faults in the CCTV system
    • any refusal of the sale of alcohol
    • any visit by a relevant authority or emergency service.
12. There shall be clear and prominent signage asking all customers to leave quietly and respect local residents.
13. All instances of crime or disorder to be reported by a responsible member of staff to an agreed police contact point, as agreed with the Police.