The Licensing Sub Committee B of Hackney Council scheduled a meeting to discuss licensing applications in the borough. The meeting included discussion of a new premises licence for 462 Kingsland Road and a variation of an existing premises licence for Pisco’s, 16 Stoke Newington Road. The meeting was also scheduled to discuss the procedure for licensing sub-committee hearings.

Premises Licence: 462 Kingsland Road

Kwame Otiende applied for a new premises licence for 462 Kingsland Road, seeking authorisation for:

• Plays and films: Monday to Sunday, 12:00-00:00
• Live Music: Monday to Thursday 14:00-21:00, Friday and Saturday 14:00-22:00, Sunday 14:00-21:00
• Recorded Music: Monday to Tuesday 12:00-00:00, Wednesday 12:00-01:00, Thursday 12:00-02:00, Friday and Saturday 12:00-03:00, Sunday 12:00-01:30
• Supply of Alcohol (On-sales): Monday to Tuesday 12:00-23:30, Wednesday 12:00-00:30, Thursday 12:00-01:30, Friday and Saturday 12:00-02:30, Sunday 12:00-01:00
• Late Night Refreshment: Monday to Tuesday 23:00-00:00, Wednesday 23:00-01:00, Thursday 23:00-02:00, Friday and Saturday 23:00-03:00, Sunday 23:00-01:30
• Opening Hours: Monday to Tuesday 12:00-00:00, Wednesday 12:00-01:00, Thursday 12:00-02:00, Friday and Saturday 12:00-03:00, Sunday 12:00-01:30

The applicant proposed measures to address the licensing objectives¹. The Licensing Authority initially raised concerns that the application was not in alignment with the council's LP3 Core Hours policy, and that granting the application may undermine the prevention of public nuisance. Following discussions with the police, the applicant amended the hours for the sale of alcohol and opening hours, and agreed to conditions being applied to the licence. As a result, the police withdrew their representation.

Two representations were received from local residents objecting to the application, and one representation was received from a local resident in support of the application. The representations against the application cited concerns regarding the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm.

If the Sub-Committee was minded to approve the application, it was suggested that the following conditions be applied to the licence:

• No supply of alcohol may be made when there is no designated premises supervisor[^3] (DPS), or when the DPS does not hold a personal licence. [^3]: A Designated Premises Supervisor (DPS) is a person who is licensed to authorise the sale of alcohol on a licensed premises.
• Every supply of alcohol must be made or authorised by a personal licence holder.
• Staff must not carry out irresponsible promotions, such as games that encourage excessive drinking, or providing unlimited alcohol for a fixed fee.
• Free potable water must be provided on request.
• An age verification policy must be adopted, requiring individuals who appear under 18 (or an older age specified in the policy) to produce identification with a photograph, date of birth, and a holographic mark or ultraviolet feature.
• Alcoholic drinks must be available in specific measures (beer/cider: 1/2 pint; gin, rum, vodka, whisky: 25ml or 35ml; still wine: 125ml), and these measures must be displayed in a menu or price list. Customers must be made aware of these measures.
• Minimum drinks pricing must be ensured, in accordance with the Alcoholic Liquor Duties Act 1979 and the Value Added Tax Act 1994.
• Admission of children to film exhibitions must be restricted in accordance with recommendations made by the film classification body.
• Each individual carrying out a security activity must be licensed by the Security Industry Authority[^4] (SIA). [^4]: The Security Industry Authority (SIA) is the organisation responsible for regulating the private security industry in the United Kingdom.
• The premises must maintain a comprehensive CCTV system, recording at all times when the premises is open for licensable activities. Recordings must be stored for a minimum of 31 days and made available to the police or authorised officer upon request.
• A staff member conversant with the CCTV system must be on the premises at all times when it is open to the public.
• An incident log must be kept at the premises, recording all crimes reported, complaints received, incidents of disorder, faults in the CCTV system, refusals of sale of alcohol, and visits by relevant authorities or emergency services.
• All instances of crime or disorder must be reported to an agreed police contact point.
• Employees must request evidence of age from anyone appearing under 25 (Challenge 25).
• The premises will display signage advising customers of the contact details of the DPS.
• All staff will be given refresher training every six months on the legislation relating to the sales of alcohol to underage persons and drunken persons.
• Alcohol will only be served to customers that are seated via table service.
• There will be a maximum of 6 smokers in the outside designated smoking area.
• There will be a minimum of 1 SIA registered door supervisor on duty every Friday and Saturday from 2100hrs. Additional SIA will be employed when required based on an operational risk assessment.
• All door supervisors will enter their details into a register.
• The licensee must ensure that all 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 licensee must ensure that any contract for general and recyclable waste disposal is appropriate in size to the amount of waste produced by the business.
• The licensee's premises are situated in an area within which refuse may only be left on the public highway at certain times.
• The licensee must 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.
• The licensee must provide a safe receptacle for cigarette ends to be placed outside for the use of customers.
• The current trade waste agreement/duty of care waste transfer document must be conspicuously displayed and maintained in the window of the premises.

Variation of Premises Licence: Pisco’s, 16 Stoke Newington Road

Mishkiperu Ltd applied to vary the premises licence for Pisco’s, seeking to extend late night refreshment and supply of alcohol on Friday and Saturday, and to include live music and recorded music on Friday and Saturday.

Specifically, the applicant was seeking:

• Live Music (indoors): Friday and Saturday 23:00-02:00
• Recorded Music (indoors): Friday and Saturday 23:00-02:00
• Late Night Refreshment (indoors): Friday and Saturday 23:00-02:00
• Supply of Alcohol (on premises): Friday and Saturday 12:00-02:00
• Hours premises are open to the public: Friday and Saturday 08:00-02:30

Khadine Jackson, Environmental Protection Officer, initially submitted a representation on the grounds of the prevention of public nuisance, stating that the proposed additional hours for live and recorded music would have a negative impact on the promotion of the licensing objectives. The representation noted that the Environmental Protection Team had received numerous complaints of noise nuisance since June 2023, with residents stating that both live and recorded music was being played at unacceptable high volumes until around 3am, and that the business owner had been uncooperative when approached. The representation from Khadine Jackson also stated:

Regulated entertainment is generally incompatible with Victorian terrace buildings where the commercial premises adjoins residential. It would require a significant amount of investment to improve the sound insulation between the properties to a level that is acceptable to the business and residents. Background music is sufficient to provide ambiance for the “homely feel” restaurant as described by the applicant.

The representation from Khadine Jackson also noted that the applicant had provided an unsubstantive paragraph in relation to regulated entertainment, and that they still had concerns that the licensing objectives would be undermined.

The Police also submitted a representation on the grounds of the prevention of crime and disorder, and the prevention of public nuisance. Following the applicant’s agreement to a set of conditions, the Environmental Enforcement Authority withdrew their representation.

If the Sub-Committee was minded to approve the application, it was suggested that the following additional conditions should be applied to the licence:

• Each individual carrying out a security activity at the premises must be licensed by the SIA.
• Staff must monitor patrons and take necessary action to ensure that no nuisance or disturbance is caused to the venue’s neighbours.
• Suitable notices must be displayed at entrances/exits requesting people leave the premises in a quiet and orderly manner so as not to disturb residents.
• Sound limiters will be installed and no noise from premises machinery, plants, extraction fans will be emanating from the premises as well as staff noise.
• An incident log must be kept at the premises and made available on request to an authorised officer of the Council or the Police.
• The Premises Licence Holder must ensure that all staff members receive induction training.
• SIA accredited officer on duty Friday and Saturday from 8 pm until closing time.
• Zero Drug tolerance.
• Ask Angela/ Ask Clive scheme staff training.
• Part of Hackney Radio scheme membership, part of The Shopwatch schemes were set up in partnership with local businesses and organizations.
• The Licensee must ensure that all 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 Licensee must ensure that any contract for general and recyclable waste disposal is appropriate in size to the amount of waste produced by the business.
• The Licensee’s premises are situated in an area within which refuse may only be left on the public highway at certain times.
• The Licensee must 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.
• The Licensee must provide a safe receptacle for cigarette ends to be placed outside for the use of customers.
• The current trade waste agreement/duty of care waste transfer document must be conspicuously displayed and maintained in the window of the premises.

Temporary Event Notices

The agenda included a standing item to consider Temporary Event Notices².