This meeting of Hackney Council's Licensing Sub-Committee E was scheduled to consider applications for new premises licences at 99 Wallis Road and Trafik, as well as Temporary Event Notices¹. It also included a briefing for the committee members on how the meeting would be run.

Application for a New Premises Licence for Ground Floor, 99 Wallis Road, E9 5LN

This item on the agenda was about an application for a new premises licence for a Licensed Premises - Food and Beverage Event Space at Ground Floor, 99 Wallis Road, E9 5LN. The applicant was Hackney Wick Properties Ltd.

The licence application requested permission to:

• Show films from 9am to 4am, 7 days a week.
• Play live music from 9am to 1am, 7 days a week.
• Play recorded music from 9am to 4am, 7 days a week.
• Host performances of dance from 9am to 4am, 7 days a week.
• Host Anything of a similar description to that falling within (e), (f) or (g) from 9am to 4am, 7 days a week.
• Provide late night refreshment from 11pm to 4am, 7 days a week.
• Sell alcohol for consumption on the premises from 9am to 4am, 7 days a week.
• On the trading day on which the clocks go forward, permitted hours may be extended for an additional hour for recorded music, performances of dance, late night refreshment, supply of alcohol and premises opening hours.
• On the Sunday before each Bank Holiday and Christmas Eve, the terminal hour shall be extended to 5am.
• On New Year's Eve permitted from the end of licensable hours until the start of licensable hours on the following day.

The applicant included a list of conditions in the application to address all four licensing objectives²:

• A clear and legible notice should be displayed outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.
• Deliveries of goods necessary for the operation of the business will be carried out at such a time as to prevent nuisance and disturbance to nearby residents.
• The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
• All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
• All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
• All amplified recorded and live music played within the premises shall be subject to the control of noise limiter so noise and vibration is inaudible in the nearest noise sensitive premises between the hours 23:00 and 07:00 on any day and does not cause nuisance at all other times anytime.
• The noise limiter shall be set and calibrated by an acoustic consultant registered with a regulating authority on an annual basis. A copy of certificate(s) of compliance are to be provided to the Pollution Control upon request.
• The noise limiter should be kept in a secure, lockable cupboard (or have a similar arrangement). The system is to be completely independent of control by persons other than the Licensee.
• 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.
• 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.
• 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:
  • a.al crimes reported to the venue
  • b. any complaints received
  • c. any incidents of disorder
  • d. any faults in the CCTV system
  • e ny refusal of the sale of alcohol
  • f. any visit by a relevant authority or emergency service.
• There shall be “CCTV in Operation” signs prominently displayed.
• Toilets to be checked for evidence of any crime regularly throughout the day at regular intervals. Records of these checks are to be documented and retained for no less than 31 days and shall be provided to the Police upon immediate request.
• All instances of crime or disorder to be reported by the designated premises supervisor or responsible member of staff to an agreed police contact point, as agreed with the Police.
• Where the sale or supply of alcohol is taking place employees of the premises must request sight of evidence of the age of any person appearing to be under 25 years of age (Challenge 25). Such evidence may include a driving licence or passport.
• The premises will display and maintain appropriate signage advising customers of the contact details of the Designated Premises Supervisor/Duty Manager.
• All staff will be given refresher training every twelve months on the legislation relating to the sales of alcohol to underage persons and drunken persons. Training will also include conflict management, customer welfare, dealing with vulnerability and cover all of the 4 licensing objectives. Written records of this training shall be kept on the premises and produced to police or other authorised officer upon request.
• There shall be a written entry & search policy and a written illegal substances policy that include procedures for queuing, drugs and weapons, and comply with the Hackney Police Search and Seizure Policy 2011 (or as amended), the Hackney Police Theft Reduction and Recovery Policy 2011 (or as amended) and Hackney Police Licensing Drugs Policy 2011 (or as amended).
• The premises will sign up to the Mayor of London’s Women’s Night Safety Charter or any similar initiative.
• SIA registered door supervisors shall be employed at the premises, on an ongoing risk assessment basis. All security staff and stewards shall be clearly identifiable at all times. Additional SIA registered supervisors to be employed on an operational risk assessment basis. All supervisors shall enter their full details in the premises daily register at the commencement of their work. They shall record their full name, home address and contact telephone number, their SIA registration number, and the time they commence and conclude working. If the supervisor was provided by an agency the name, registered business address and contact telephone number will also be recorded. This register will be made available to police or authorised officer immediately upon request.
• Minimum SIA requirements: When the premises operates beyond 00:00, a minimum of one SIA licensed door supervisor shall be on duty per 100 customers. At least 2 SIA supervisors will remain on premises until half an hour after closing or until all customers have dispersed. All door supervisors will have access to a radio system to advise management of any issues. High-vis vests will be worn at dispersal times.
• There shall be a written dispersal policy, a copy of which will be kept on the premises and produced to a police officer or other authorised officer upon request.
• The outside area shall not be used for licensable activities beyond 2300hrs.
• Movable outside furniture shall be cleared/arranged/removed so that it is not available and an area by the entrance shall be dedicated for smokers. There will be no more than 25 patrons smoking at any one time outside the premises and the smoking area shall be clearly identified and monitored by an SIA supervisor.
• Loudspeakers shall not be located outside the building.
• All external doors and windows shall be kept closed, other than for access and egress, when regulated entertainment is taking place after 22:00.
• Any off sales will be in sealed containers.
• Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
• No collections of waste or recycling materials including the movement of glass bottles within or from the premises shall take place between 22:00hrs and 07:00hrs
• The Licensee shall ensure that all relevant staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. The procedure for handling and preparing for disposal of the waste shall be in writing and displayed in a prominent place where it can be referred to at all times by staff.
• The Licensee shall ensure that any contract for general and recyclable waste disposal shall be appropriate in size to the amount of waste produced by the business. The Licensee shall maintain an adequate supply of waste receptacles provided by his registered waste carrier (refuse sacks or commercial waste bins) in order to ensure all refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.
• If the waste management provisions are such that refuse may only be left on the public highway at certain times (time bands) and the Licensee’s waste carrier cannot or does not comply by collecting the refuse within an hour after the close of any time band imposed by the waste authority, the Licensee must remove the refuse from the public highway and/or keep it within the premises until such time as his/her waste carrier arrives to collect the refuse.
• The Licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any litter, bottles and glasses emanating from the premises. A final check should be made at close of business.
• The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacle being carefully placed so as to not cause an obstruction or trip.

The LSC Report- 99 Wallis Road from the Licensing Authority includes a number of comments and an objection to the granting of this licence:

• The application seeks a new licence that would effectively extend an already licensed premises to hours that are far in excess of LP3 Core Hours set out in the Hackney Licensing Policy.
• Residential buildings are located in very close proximity to the premises, with the hours and activities sought, there is the potential for the premises and patrons of the premises to create a nuisance for local residents. This is likely to put the Prevention of Public Nuisance licensing objective at risk of being undermined.
• The applicant has not included any information about the capacity of the premises.
• A dispersal policy has been alluded to in the submitted conditions however a copy of this has not been provided with the application.
• The application describes the premises as a “Food and beverage event space”, no further details about the nature of the operation have been provided.
• The conditions offered in the application do not seek to restrict the use of the premises at extended hours for events only. Effectively the premises could continue to operate as it does now, as a beer tap room, with extended hours and new authorised activities.
• Additionally, the application seeks to authorise the provision of hot food despite only a cold food storage area being indicated on the plans provided.
• Given the location of the premise and the hours and activities sought, the Licensing Authority is not persuaded that the Licensing Objectives would not be put at risk of being undermined. Therefore we feel the application should be refused.

The report also includes a quote from the Hackney Licensing Policy:

LP3 Core Hours Hours for licensable activity will generally be authorised, subject to demonstrating LP1 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.

There are also a number of other representations from other parties:

• Community Safety & Enforcement Service - The Community Safety and Enforcement Service requested that the following conditions be added to the licence:
  • The Licensee shall ensure that all relevant staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. The procedure for handling and preparing for disposal of the waste shall be in writing and displayed in a prominent place where it can be referred to at all times by staff.
  • The Licensee shall ensure that any contract for general and recyclable waste disposal shall be appropriate in size to the amount of waste produced by the business. The Licensee shall maintain an adequate supply of waste receptacles provided by his registered waste carrier (refuse sacks or commercial waste bins) in order to ensure all refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.
  • In order to minimise the amount of time any waste remains on the public highway in readiness for collection, the Licensee will ensure the timeframe within which it may expect its waste carrier to collect is adhered to.
  • The Licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any litter, bottles and glasses emanating from the premises. A final check should be made at close of business.
  • The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacles being carefully placed so as not to cause an obstruction or trip.
  • The current trade waste agreement/duty of care waste transfer document shall be conspicuously displayed and maintained in the window of the premises where it can be conveniently seen and read by persons standing in Hackney Wick Properties Ltd. This should remain unobstructed at all times and should clearly identify:-
  • the name of the registered waste carrier
  • the date of commencement of trade waste contract
  • the date of expiry of trade waste contract
  • the days and times of collection
  • the type of waste including the European Waste Code
• Wick Ward Councillors - The Wick Ward Councillors made a representation objecting to the application on the grounds of public nuisance and safety concerns. The representation noted that: > Wallis Road is now a mix of residential and commercial uses, and we cannot see how this extension of hours would not have a negative impact on the residents in this and the neighbouring streets with people attending and then leaving their establishment potentially up to 4am every night.
• Curie House, Wallis Road - The residents of Curie House, Wallis Road submitted an email objection to the application on the grounds of public nuisance and safety concerns. They noted: > As residents of this heavily populated area, we have firsthand experience of the significant disturbances that occur most weekends due to existing nearby establishments that remain open late into the night. With bars currently closing as late as 1am, large groups of patrons remain on the streets long after closing, often engaging in disruptive behavior that negatively impacts the quality of life for local residents. The noise levels, public intoxication, and general disorder have become regular issues, leaving residents with very little respite, especially during the weekends. This ongoing disruption is exacerbated by the fact that this is a residential neighbourhood, where families, elderly residents, and individuals trying to rest are repeatedly subjected to high noise levels and antisocial behaviour. Additionally, the safety concerns associated with drunken behaviour from patrons exiting these bars cannot be overstated. There have been numerous instances of altercations, littering, and loud, unruly behaviour, all of which raise concerns about the wellbeing and security of residents in the area.
• Residents of Stone Studios - The residents of Stone Studios submitted a representation objecting to the application on the grounds of public nuisance, safety concerns, and the lack of a respite period for residents. The representation included objections to the application based on each of the four licensing objectives. They noted that: > Our community should place priority on promoting a healthy, creavity-friendly and family safe environment that fosters growth for its residents. Extending operation hours for this type of establishment undermines these goals and threatens to shift the character of our vibrant community back towards nightlife and noise, rather than safety, progression, and community development.

Application for a New Premises Licence for Trafik, 331 Old Street, EC1V 9LE

This item on the agenda was about an application for a new premises licence at Trafik, 331 Old Street, EC1V 9LE. The applicant was Chestnut Gardens Entertainment Ltd.

The existing licence at the premises allows it to:

• Play live music
• Play recorded music
• Host performances of dance
• Host entertainment of a similar description to live music, recorded music and performances of dance
• Provide late night refreshment
• Sell alcohol for consumption on and off the premises

All of the licensable activities listed above are permitted from Monday to Saturday until 2am, and until midnight on Sundays.

The applicant requested that the permitted hours be extended on Fridays and Saturdays until 4am.

The applicant proposed a number of conditions consistent with the operating schedule:

• The premises shall maintain a comprehensive CCTV system as per the minimum requirements of the Metropolitan Police. All 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.
• 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.
• A minimum of one (1) SIA registered door staff per 100 customers or part thereof shall be on duty from 22:00 hours on Thursdays to Saturdays. From 22:00 hrs on Thursday to Saturday customers will be counted in and out using a mechanical counter. Additional Male and Female SIA door staff will be employed at the premises when required on the basis of an operational risk assessment. There should be sufficient SIA to monitor all areas in use.
• All door supervisors shall enter their full details in the premises daily register at the commencement of their work. They shall record their full name, business address, contact telephone number, their SIA registration number, and the time they commence and conclude working. If the door supervisor was provided by an agency the name, registered business address and contact telephone number will also be recorded. This register will be made available to police or authorised officer immediately upon request.
• All door supervisors will have access to and use of radio links to advise management of any crime and disorder problems. All door supervisors will wear a reflective jacket or vest whilst on duty.
• The premises are to draw up and implement policies, approved by the police licensing unit, dealing with the following: Entry and Search Policy, Drugs Policy, Queuing, Smoking and Dispersal Policy, Security Policy, Weapons Policy
• There will be no entry or re-entry to customers after 3am, except patrons who have temporarily left the premises to smoke. Whilst there is a TEN in place the last entry shall be one hour before the terminal hour of the event or such later time as may be agreed by the Police.
• Glass and open containers can only be removed from the premises by those sitting in the outside seating area. The external seating ceases use at 2200 hrs and at this point there will be no glass, or open containers taken from the premises.
• An incident log shall be kept at the premises and made available immediately to an authorised officer of the Council or Police, which will record the following:
  • all crimes reported to the venue
  • all ejections of patrons
  • any complaints received
  • any incidents of disorder
  • seizures of drugs or offensive weapons
  • any refusal of the sale of alcohol
• There shall be regular toilet checks on Thursday, Friday and Saturday and a record kept of these visits, who carried out the visit, time, date and any issues found.
• All staff and newly appointed staff will receive training in regard to the sale of alcohol to drunks, selling alcohol to children and purchasing alcohol on behalf of children. Training will be provided by a recognised training provider and will also include conflict management, dealing with welfare and vulnerability and the 4 licensing objectives.
• The premises will operate a Challenge 25 policy. Any person who appears to be under the age of 25 will be asked for proof of age in the form of a photographic ID such as (but not limited too) drivers’ licence, passport or PASS card.
• The premises licence holder shall support and promote any scheme brought in to assist with the promotion of the four licensing objectives in the Shoreditch area and make reasonable efforts for a representative of the venue to attend pub watch meetings at least 6 times a year.
• All windows and doors shall remain closed at all times when regulated entertainment is being played except for access and egress.
• Music emanating from the premises shall be played at such a level to ensure that no nuisance is caused to any noise sensitive or residential premises.
• A sound limiting device within the premises shall be installed to control all regulated entertainment generated in the premises.
• Signs to be placed prominently at all exits requesting customers to leave the area quietly and respect the neighbourhood.
• The Licence Holder shall provide and maintain a dedicated phone number of senior management and/or the Designated Premises Supervisor for use by any Responsible Authority or any person who may wish to make a comment during the operation of the licence. This number shall be displayed at the front of the premises and on the company website.
• The premises capacity shall be no more than 300 customers and will be monitored by the SIA on duty by means of counting devices.
• There will be no more than 20 patrons smoking at any one time outside the premises and the smoking area shall be clearly identified and monitored by SIA when operationally deployed.
• The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacle being carefully placed so as not to cause an obstruction or trip.
• The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
• Refuse, including bottles, shall not be taken outside the premises between the hours of 23.00 and 07.00 or such other times.
• The Licensee shall ensure that any contract for general and recyclable waste disposal shall be appropriate in size to the amount of waste produced by the business. The Licensee shall maintain an adequate supply of waste receptacles provided by his registered waste carrier (refuse sacks or commercial waste bins) in order to ensure all refuse emanating from the business is always presented for collection by his waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.
• The Licensee's premises are situated in an area within which refuse may only be left on the public highway at certain times t(me bands). If the Licensee's waste carrier cannot or does not comply by collecting the refuse within an hour after the close of any time band imposed by the waste authority, the Licensee must remove the refuse from the public highway and/or keep it within the premises until such time as his/her waste carrier arrives to collect the refuse.
• The current trade waste agreement/duty of care waste transfer document shall be conspicuously displayed and maintained in the window of the premises where it can be conveniently seen and read by persons. This should remain unobstructed at all times and should clearly identify:-
  • } ) the name of the registered waste carrier
  • (2) the date of commencement of trade waste contract
  • (3) the date of expiry of trade waste contract
  • (4) the days and times of collection
  • (5) the type of waste including the European Waste Code

The LSC Report - Trafik Old Street from the Licensing Authority notes that the premises is located in a Cumulative Impact Area, and includes an objection to the granting of this licence. The report notes that the area is:

...well known for its high concentration of licensed premises. A high number of people visit the area to frequent the licensed venues, as a consequence, the area is often subject to problems such as public urination, street drinking, persons suffering from over-intoxication and public disorder.

The report notes that the council's cumulative impact research included the following:

612. Overall, the observations showed that on Friday and Saturday night the former CIP area is extremely busy and at times very chaotic, and the triangle remains the central hub of the CIP’s NTE, retaining people drinking and on the street until 4am, with options to eat until 5:30am.” “618. The observation nights confirmed that Shoreditch is a mainstream NTE destination - possibly the largest in the UK - there are a similar number of venues to the centre of say Liverpool or Newcastle…” “619. In London terms, observation of Shoreditch is comparable (in certain ways) to the most intense hot spots of Westminster (Soho) and Camden (Camden Town).

The report also quotes from the council's Licensing Policy:

LP3 Core Hours Hours for licensable activity will generally be authorised, subject to demonstrating LP1 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.

The Licensing Authority concluded that:

The Licensing Authority feels that it is difficult to envisage how further extension of hours in this locality can not pose a risk and potentially undermine the promotion of the licensing objectives.

Temporary Event Notices - Standing Item

The committee was scheduled to be briefed on all Temporary Event Notices received.

The Supplementary Agenda Wednesday 18-Dec-2024 14.00 Licensing Sub Committee E included one Temporary Event Notice for consideration, for an event at 97-113 Curtain Road. This event is being held by NTS Retail (London) Limited. The applicant requested permission to sell alcohol for consumption on the premises from 10am to 11pm from Friday 19 December to Sunday 21 December 2024. The report on the Temporary Event Notice notes that:

The premises are currently subject to an application for a new premises licence with the terminal hour for the sale of alcohol being 23:00 hours. However, this TEN is seeking to extend the hours for the sale of alcohol by 1 hour until midnight.

The Licensing Authority objected to the application, stating that:

...given the location of the premises and that they are situated within the Shoreditch Cumulative Impact Area, the Licensing Authority feels it would be appropriate to refuse this application.