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Licensing Sub Committee E - Tuesday 21 January 2025 2.00 pm

January 21, 2025 View on council website
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Summary

This meeting was scheduled to consider applications for new and varied premises licences for two venues in Hackney: Glassbox, at 18 Sidworth Street, London Fields and The Divine, at 33-35 Stoke Newington Road, Shacklewell.

The documents published in advance of the meeting show that the committee received representations from the Police and the Licensing Authority in relation to both applications and from members of the public in relation to the application for a new licence at Glassbox.

The Divine, 33-35 Stoke Newington Road, London N16 8BJ

The most significant item on the agenda was an application to vary the premises licence for The Divine, an LGBTQ+ cafe, bar, live performance, cabaret, community and nightclub space. Bold Hearts Limited requested authorisation to:

  • Increase the number of people at the venue from 240 to 270.
  • Increase the number of people at the smoking area from 10 to 20.
  • Remove the requirement to provide a full menu and substantial food offering at all times.
  • Change the current requirement that last orders are called at 23:50 on Sunday to Thursday and at 02:30 on Friday and Saturday, to no later than half an hour before closing time - i.e 01:30 Sunday to Wednesday and 03:30 on Thursday, Friday, Saturday, New Years Eve and bank holiday Sundays.
  • Change the current requirement that live music, parties and DJ sets are performed only in the basement to allow them on both floors, on sound systems calibrated to ensure no noise is audible in the nearest sensitive premises or externally.
  • Increase the number of people permitted to use the smoking area from 10 to 20, 45 minutes before closing time.
  • Remove the maximum occupancies for the ground floor (48 seated) and basement (80 seated) and instead allow a total occupancy of up to 270 for the whole venue.
  • Extend the terminal hours for regulated entertainment, late night refreshment and the supply of alcohol on and off the premises. On Monday, Tuesday, Wednesday and Sunday, the applicant requested the terminal hour be extended to 01:30 for plays, films, performance of dance and anything of a similar description, the supply of alcohol and late night refreshment. The applicant requested live music be permitted until 02:00 on these days and recorded music until 04:00. On Thursday, Friday and Saturday the applicant requested the terminal hour be extended to 03:30 for plays, films, performance of dance, anything of a similar description, the supply of alcohol and late night refreshment. The applicant requested live music be permitted until 04:00 on these days. The applicant requested that on New Years Eve and bank holiday Sundays the venue be permitted to stay open and offer all regulated entertainment and the sale of alcohol until 03:30, and recorded music until 04:00.

Representations in relation to the application were received from the Police, who made representations on the grounds of The Prevention of Crime and Disorder and Prevention of Public Nuisance and from the Licensing Authority, who made representations on the grounds of The Prevention of Public Nuisance.

The report prepared by the Licensing Officer in advance of the meeting proposed that should the committee be minded to approve the application, two additional conditions should be added to the licence.

Glassbox, 18 Sidworth Street, London E8 3SD

This item on the agenda concerned an application by Pittagoraslondon Fields Limited for a new premises licence for Glassbox, a Greek restaurant at 18 Sidworth Street. The applicant requested authorisation for the following licensable activities and terminal hours:

  • Late Night Refreshment:
    • Sunday to Wednesday: 23:00 - 02:00
    • Thursday: 23:00 - 04:00
    • Friday and Saturday: 23:00 - 06:00
  • Sale of Alcohol (on and off the premises):
    • Every day: 11:00 - 23:00

This application seeks Late Night Refreshment on Sunday – Wednesday from 2300-0200hrs, Thursday 2300-0400hrs and Friday and Saturday from 2300-0600hrs. In addition the application seeks the Sale of Alcohol from 1100-2300hrs Monday – Sunday. Police have some initial concerns about the applicants understanding of the Licensing Act 2003 as Late Night Refreshment is only required between the hours of 2300-0500hrs.

The Police raised concerns about the applicant's understanding of the Licensing Act 2003 and the impact that the requested hours could have on residents in the area, which they describe as highly residential. They note that the requested hours are far in excess of the core hours as described in Policy LP3 of the Hackney Licensing Policy1. They also question why a venue that appears to be a classic takeaway layout needs to sell alcohol at all, let alone for both consumption on and off the premises.

The Licensing Authority also expressed concerns that the proposed hours of operation would undermine the licensing objective of the prevention of public nuisance, and recommended a significant reduction in hours of operation to align with LP3.

The premises appears to be located directly opposite residential properties The proposed hours are excessive and will have a negative impact on the residents in those properties, therefore undermining the prevention of public nuisance objectives.

Several residents wrote to the Licensing Authority to object to the application. They raise concerns about the prevention of crime and disorder, public safety, public nuisance and the protection of children from harm. One resident, who lives in Mentmore Terrace, notes that the premises was previously subject to a planning condition restricting its opening hours to between 09:00 and 22:00. Another points out that a similar restriction was recently placed on Papi Restaurant, a nearby business in Mentmore Terrace.

The report prepared by the Licensing Officer in advance of the meeting proposes that should the committee be minded to approve the application, the licence be subject to the following condition:

  • A sound limiting device must be fitted to all regulated entertainment amplification systems, set at a level that ensures that no noise nuisance is caused to local residents, secured so that it can only be altered with the agreement of the council, and used for all noise-generating equipment used at the premises.

  1. The core hours policy, LP3 of the Hackney Licensing Policy, states that The core hours beyond which the Licensing Authority will expect good reasons to be demonstrated if applications are to be approved are: Monday to Sunday 23:00 to 00:00 hours.