Content

The Licensing Sub-Committee in
considering this decision from the information presented to it
within the report and at the hearing 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;
and
• The protection of children
from harm.
 
The application for variation to a premises
licence, has been approved in accordance with the Council’s
Statement of Licensing Policy, and conditions as set out in
paragraph 8.1 of the report.
 
The hours of licensable
activities:
 
Plays
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
Films
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
Indoor Sporting Events
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
Live Music
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
Recorded Music
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
Performance of Dance
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
Anything of a similar description
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 06:00
Saturday   10:00 - 06:00
Sunday   10:00 -
22:00
 
 
Late Night Refreshment
 
Friday  
23:00 - 06:00
Saturday   23:00 - 06:00
 
Supply of Alcohol (On Premises)
 
Monday   10:00 -
22:00
Tuesday   10:00 -
22:00
Wednesday   10:00 - 22:00
Thursday   10:00 - 22:00
Friday  
10:00 - 04:00
Saturday   10:00 - 04:00
Sunday   10:00 -
22:00
 
 
The Opening hours of the premises
 
Monday   08:00 -
22:30
Tuesday   08:00 -
22:30
Wednesday   08:00 - 22:30
Thursday   08:00 - 22:30
Friday  
08:00 - 06:30
Saturday   08:00 - 06:30
Sunday   08:00 -
22:30
 
 
 
And the following conditions to be
added to the premises licence:
 
· 
The maximum number of persons allowed at the premises shall not
exceed 800 at any one time.
 
· 
The Premises Licence Holder shall provide traffic marshalls to
manage vehicles associated with the premises.
 
Reasons for the
decision
 
The application for a variation to a premises
licence has been approved as the Licensing Sub-Committee is
satisfied that the licensing objectives would not be
undermined.
 
The Licensing Sub-Committee took into
consideration submissions from the Applicant, Responsible
Authorities (Licensing Authority and the Police) and Other Persons,
who had made representations in support and also in objection to
the application.
 
The Sub-Committee took into account
representations from the Licensing Authority and the Police on the
grounds of the Prevention of Crime and Disorder and The Prevention
of Public Nuisance. The Police appreciated that the venue has run
many Temporary Event Notices (TENs) over the last 12 months and
more, however only a small number of these have been until
06:00hrs, with the vast majority finishing at 04:00hrs. Having a
permanent licence to finish at 06:00hrs every Friday and Saturday
night is a different proposition, which could impact the residents.
In subsequent correspondence from the Police, as they were unable
to attend the hearing, following submissions on behalf of the
Applicant the Police believed the issue of timings applied for has
been clarified. On the potential impact on local residents the
Police in their experience would be down to dispersal, management
of Uber drivers and associated anti-social behaviour that has
included Nitrous Oxide sellers and a food van. The Police noted
that the Applicant had submitted a Traffic Management Plan and the
Police commented that this plan addresses concerns and shows ways
in which the premises will mitigate any impact on the residents.
Police were content that this plan was both comprehensive and
thorough enough to minimise any impact on the residents.
 
The Licensing Authority in their submission
had sought clarification regarding the hours sought as they differ
from those outlined in the information pack. The Licensing
Authority noted that the Applicant has offered no additional
conditions or mitigations in support of the extended hours sought.
The Licensing Authority also highlighted that the Applicant makes
reference to TENs as a justification for the proposed extension.
The Licensing Authority welcomed the operation of TEN’s with
no issue, however, the operation of a TEN was different from a
premises licence. The Licensing Authority was also concerned about
the premises being in close proximity to residential premises.
Extending the authorisation of licensable activity to the hours
sought may place the licensing objectives at risk of being
undermined. The Licensing Authority highlighted that traffic
marshals employed by the premises lacked formal enforcement powers,
meaning issues not resolved informally would fall to authorities
like parking services or the Police. The Licensing Authority
recommended that the Applicant should provide evidence of the
current Planning status of the premises, in accordance with LP5
Planning Status. Would the hours sought for opening/operation be in
keeping with the current Planning status of the premises.
 
The Sub-Committee noted from the Premises
Licence Holder’s written submission that they were not
seeking a blanket increase in hours. They considered their proposal
to be proportionate and targeted: a 6:00 AM close on Friday and
Saturday nights only, with all other days remaining as per their
current premises licence. The Premises Licence Holder had also
indicated in their written submission that they were willing to
accept a trial period and work collaboratively with the Responsible
Authorities and local residents to ensure ongoing compliance.
 
The Sub-Committee also noted that over the
past 12 months, the Applicant operated 38 TENs with closing times
of up to 6:00AM. All events were fully compliant with the licensing
conditions and there is no evidence of complaints or recorded
incidents from local residents or the Responsible Authorities.
 
On the issue of the planning status, the
Applicant at the hearing said that there had been no complaints
from planning regarding non-compliance throughout the 15 years the
business has been running, even with extended hours and
TENs.  On the dispersal of patrons, they
explained that when patrons leave, they exit through a linked
passage onto a public highway, where a marshal guides them away
from residential flats to designated pickup points for cabs,
working with Uber to set a standard pickup point on their private
land. They also added that body camera footage, would be treated as
CCTV footage, would be retained for 31 days, and could be requested
by the police, with commitment to actively forwarding intelligence
on illegal activities to the Police.
 
The Applicant highlighted that while the
license allowed for up to 1,000 people, a regular single-room event
typically saw 200-250 attendees.
On community engagement by the venue, the
Licensing Sub-Committee noted that the Applicant had garnered
several letters of support, there is also a direct line to the
venue at any given time if local residents wished to raise any
issues. It is also noted that the Applicant held quarterly meetings
with local residents.
 
The Licensing Sub-Committee took into account
that the Applicant had offered a number of additional concessions
which were to close one room at 04:00 am and another at 5:00 am.
Addressing Sub-Committee members concerns about crowd sizes. The
Applicant had suggested that staggering the venue capacity could be
imposed as a condition.
 
The Sub-Committee took into consideration
representation from one Other Person speaking in support of the
application. In their written submission, they were not in
attendance at the hearing, that they had cited how the venue is
professionally run and held well-managed events, had respectful
crowds, and consisted of a team on site that cared about the
artists and community.
 
The Sub-Committee took into account a
representation from a Hackney Ward Councillor speaking on behalf of
local residents objecting to the application. They objected to the
application on the grounds of the Prevention of Crime and Disorder,
Public Safety, Prevention of Public Nuisance and The Protection of
Children from Harm. They highlighted that residential dwellings
were nearby who would be affected by late night revellers arriving
and leaving the premises if the variation to the premises licence
is approved. During the hearing the Other Person expressed strong
opposition to the extended Friday and Saturday hours, deeming them
too late and preferring the application to be refused. They echoed
the Licensing Authority’s point that a permanent licence is
different from a TEN and they highlighted the Police's concern
about the potential impact on local residents.
 
The Sub-Committee noted from the
Other Person that they had not received
from local residents’ complaints
specific to the premises' operation. The complaints had been about
general noise in the area from 23:00 to 01:00.
 
Having taken all of the above factors into
consideration the Sub-Committee was satisfied that by granting the
variation of the premises licence that the licensing objectives
would continue to be promoted.
 
Public
Informative
 
1.   The Applicant
is further reminded of the need to operate the premises
according to any current planning
permission relating to its use class,
conditions and to regularise the
hours as required.
 
2.  It also
should be noted for the public record that the local planning
authority should draw no inference or be bound by this decision
with regard to any future planning application which may be
made.
 
3.   The Premises
Licence Holder is strongly encouraged to use sustainable cutlery,
plates, cups, food containers, and recyclable disposable materials
to avoid using single-use plastic disposable items.