Decision

The decision of 24th June 2025

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing today has determined that having regard to the promotion of all the licensing objectives:

·  The prevention of crime and disorder;

·  Public safety;

·  Prevention of public nuisance;

·  The protection of children from harm;

the application to vary a premises licence has been refused in accordance with Licensing Policies LP1, LP2, LP6, and LP12 within the Council’s Statement of Licensing Policy.

Reasons for the decision

The Licensing Sub-committee, having heard from the Other Persons (local residents), believed that granting the application would result in the licensing objectives being undermined, and would have a negative impact on the Dalston Special Consideration Area (Dalston SCA).

The Sub-Committee took into consideration the representations of the local residents who objected to this application due the impact it would have late at night. The Sub-Committee noted that no Responsible Authorities made representations.

The Sub-Committee considered the representations made by the Premises Licence Holder, and they took into consideration the work they had done to improve the premises to prevent noise breakout. The Sub-Committee noted that the Premises Licence Holder did not allay the concerns raised by the local residents.

The Sub-Committee took into account the difficulties that members of the public would have to walk on the narrow footpath, the potential overcrowding of the pavement, and that no Dispersal Policy or Crowd Management Plans existed. The Sub-Committee also had concerns that conditions on the premises licence in particular condition 24 (use of the outdoor area) were not being complied with. 

The Sub-Committee took into account that the Applicant had not demonstrated how they would not add to the cumulative impact in the Dalston SCA. The Sub-Committee felt there were no mitigating factors that would justify them granting the amendment of condition 25.

The Sub-Committee cannot take into consideration financial circumstances as a reason to grant the variation.

The Sub-Committee took into consideration when refusing this application that each case is considered on its merits. The Sub-Committee believed that the licensing objectives could not be promoted by granting this variation application, and as such believed it was appropriate to refuse the application in its entirety.

Public Informative

The Premises Licence Holder is reminded to comply with the conditions on the premises licence particularly condition 24 that no more than 8 persons shall be seated in the external area.