Content

RESOLVED:
 
The decision
 
The Licensing Sub-Committee, in considering
this decision from the information presented to them within the
report and at the hearing and having regard to the promotion of the
licensing objectives:
 
· 
The prevention of crime and disorder
· 
Public safety
· 
Prevention of public nuisance
· 
The protection of children from harm
 
The amended application to vary a premises
licence has been approved in accordance with the Council’s
Statement of Licensing and the proposed conditions set out in
paragraph 8.1 of the report.
 
· 
The hours for licensable activities, shall be, as agreed:
 
Plays
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Films
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Live Music
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Recorded Music
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Performance of
Dance
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Late Night
Refreshment
Friday 
23:00 - 00:00
Saturday  23:00 -
00:00
 
Supply of Alcohol
(on sales)
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Supply of Alcohol
(off-sales)
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
Opening Hours of the
premises
Friday 
10:00 - 00:00
Saturday  10:00 -
00:00
 
 
· 
The variation application was amended withdrawing Thursdays.
 
And the following additional conditions:
 
· 
No refuse and/or bottles are to be placed in external
receptacles
or in areas outside the
premises between 2300 - 06:00
 
 
Reasons for the
decision
 
The amended application to vary this premises
licence has been approved, as members of the Licensing
Sub-Committee were satisfied that the licensing objectives would
not be undermined.
 
The Sub-Committee took into consideration that
the Licensing Authority withdrew their representation after
agreeing reduced hours with the Premises Licence Holder. The
Sub-Committee noted there were no objections from the other
Responsible Authorities.
 
The Sub-Committee took into account that there
were 4 representations from Other Persons (local residents)
objecting to the application.
 
The Sub-Committee heard the Premises Licence
Holder’s representations that since 2016 the Premises Licence
Holder has been operating the premises as a museum, and an art
gallery, and they make a cultural contribution to the community.
The Sub-Committee noted that no complaints had been received and
the premises is a member of the Hackney Nights scheme. Their staff
are trained through the Hackney Nights scheme. The Premises Licence
Holder made representations that the premises are safer and
inclusive for customers. The premises support the Women’s
Rights Charter and they advocate improving women’s safety at
night. The Premises Licence Holder made representations that they
take the public safety of their customers very seriously.
 
The Sub-Committee took into account that the
premises provided table service and six customers could be seated
outside. The Sub-Committee noted that the outside area of the
premises closes at 10:30 pm to prevent noise nuisance and to ensure
safety of customers. The staff at the premises direct customers to
public transport options available from the premises. Children are
only allowed on the premises until 19:00. The premises have
demonstrated that they take the licensing regime seriously.
 
The Sub-Committee took into consideration the
Premises Licence Holder made representations that the premises is
located in an area where there is heavy traffic which is beyond
their control. Also there is a bus stop where a number of people
congregate on Mare Street to get the buses or to walk past to get
to the train station which is a very busy area. The Sub-Committee
heard that the flats and residential properties were built after
the premises opened in 2016. The Sub-Committee noted that the
premises has a capacity of 35 customers.
 
The Sub-Committee heard the representations
from the local resident that attended the hearing. The local
resident firstly thanked the Premises Licence Holder for reducing
the hours to Thursday, Friday and Saturday. However they had
concerns that needed to be addressed. There is an increase on the
busy main road and the general noise has increased. It is
problematic for local residents where customers are drinking
alcohol and they have made complaints to the premises directly
regarding their concerns. Attempts have been made to use planters
and have a barrier to prevent the noise nuisance and disturbance to
local residents. The premises have no noise limiter. The
Sub-Committee noted the local resident made representations about
the exit from the premises, and that some of the issues were not
specifically relating to the premises. The Sub-Committee took into
consideration concerns about customers loitering outside and not
being moved on by the premises. There were concerns also about
recycling being put out late at night causing late night noise and
disturbance to local residents.
 
The Sub-Committee felt that the Premises
Licence Holder demonstrated that they were willing to work with
local residents and have been operating well, however, they needed
to tighten up their process and procedures. The Sub-Committee noted
that the premises play background music and have not gone above
this. The Sub-Committee noted there were no complaints from the
Responsible Authorities. The Sub-Committee took into consideration
the representations from the local resident. However they were not
certain of all the issues related to the premises.
 
The Sub-Committee took into account that
Sunday to Wednesday will remain in line with core hours under
Policy LP3. There are additional conditions set out at paragraph
8.1 of the report that will be added to the premises license.
The Sub-Committee took into consideration that
as a compromise, the Premises Licence Holder agreed to withdraw the
hours applied for on Thursdays which will remain within core hours
under Policy LP3 closing at 23:00. Therefore, limiting the
application to Friday and Saturday only. The Sub-Committee also
agreed to a condition not to Dispose of Bottles and recycling late
at night.
 
The Sub-Committee felt that the increased
hours on Fridays and Saturdays
would not make a significant difference to
what occurs in the area and will not add to the cumulative impact
in the area. The Sub-Committee also felt that it would help to have
a demarcation barrier to prevent noise to reduce the impact on
local residents.
 
Having taken all of the above factors into
consideration the Sub-Committee  was
satisfied that by granting this variation of the premises licence,
the licensing objectives would continue to be promoted.
 
Public
Informative
1. 
The Premises Licence Holder is encouraged to work with local
residents to prevent any public nuisance or negative impact in the
area.
 
2. 
The Premises Licence Holder  is reminded
to comply with condition 23 that “ there will be no more than
6 patrons smoking outside the premises at any one time. This will
be monitored by staff ”.