Content

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.