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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 application for 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 of licensable activity
 
Late Night
Refreshment
 
Thursday    23:00 -
01:30
Friday   
23:00 - 02:00
Saturday    23:00 - 02:00
 
Opening hours
 
Monday    12:00 - 23:00
Tuesday.    12:00 - 23:00
Wednesday    12:00 -
23:00
Thursday    12:00 - 01:30
Friday 
  12:00 -
02:00
Saturday    12:00 - 02:00
Sunday 
  12:00 -
23:00
 
 
And the following conditions will be added to
the premises licence:
 
· 
All windows and doors closed except for access and egress.
 
· 
The outdoor seating area will close at 23:00. 
 
· 
Only take away will be permitted after 01:30 until closing.
 
· 
The Premises Licence Holder shall direct staff to clear litter in
the street regularly throughout any trading day with a final clean
up after the closing to 10 meters in any direction from the
premises.
 
· 
Home deliveries will cease at 00:00.
 
· 
There shall be at least 1 SIA Door Security on Friday and Saturday
from 22:30 to at least 30 minutes after the premises closes to
manage dispersal from the premises.
 
· 
The Premises Licence Holder will clear litter within a 10-meter
radius of the premises with a final cleanup after closing.
 
· 
The Premises Licence Holder will provide a Dispersal Policy to the
Licensing Authority.
 
· 
The Premises Licence Holder will provide a Delivery Management Plan
to the Police and the Licensing Authority.
 
· 
The Premises Licence Holder shall organise and publicise a meeting
(online and/or in person) for local residents to discuss the
operation of the premises at least every 6 months and the premises
email address shall be on display in the shop window.
 
· 
The Premises Licence Holder shall maintain a dedicated contact
telephone number and email address that must be available at all
times. These contact details shall be included on any website of
the premises and on display at the premises.
 
· 
The Premises Licence Holder shall 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 procedure for handling and
preparing for disposal of the waste shall be in writing and
displayed in a prominent place where it can be referred to at all
times by staff.
 
· 
The Premises Licence Holder shall ensure that any contract for
general and recyclable waste disposal shall be appropriate in size
to the amount of waste produced by the business. The Licensee shall
maintain an adequate supply of waste receptacles provided by his
registered waste carrier (refuse sacks or commercial waste bins) in
order to ensure all refuse emanating from the business is always
presented for collection by his waste carrier and shall not use any
plain black or unidentifiable refuse sacks or any other
unidentifiable or unmarked waste receptacles.
 
· 
In order to minimise the amount of time any waste remains on the
public highway in readiness for collection, the Licensee will
ensure the timeframe within which it may expect its waste carrier
to collect is adhered to.
 
· 
The Premises Licence Holder shall 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.
A final check should be made at close of business.
· 
The Premises Licence Holder shall provide a safe receptacle for
cigarette ends to be placed outside for the use of customers, such
receptacle being carefully placed so as not to cause an obstruction
or trip.
 
· 
The current trade waste agreement/duty of care waste transfer
document shall be conspicuously displayed and maintained in the
window of the premises where it can be conveniently seen and read
by persons standing in Dirty Donny’s LTD. This should remain
unobstructed at all times and should clearly identify:- the name of the registered waste carrier
the date of commencement of trade waste contract the date of expiry
of trade waste contract the days and times of collection the type
of waste including the European Waste Code
 
· 
An incident log shall be kept at the premises, and made available
immediately to an authorised officer of the Hackney Borough Council
or the Police, which will record the following: all crimes reported
to the venue any complaints received any incidents of disorder any
faults in the CCTV system any refusal of the sale of alcohol any
visit by a relevant authority or emergency service.
 
· 
No alcohol to be consumed on the premises.
 
Reasons for the
decision
 
The application for a premises licence for
late night refreshment 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 the
Licensing Authority made representations, and there were 7
objections from Other Persons (local residents). The Sub-Committee
took into account that the Applicant agreed to the conditions
proposed by the Police and the Environmental Enforcement Authority
before the hearing.
 
The Sub-Committee took into consideration
representations from a local resident that the main issue was the
smell when the premises close at 10 pm. The local resident did not
previously have a problem with noise because 10 pm was a good time
for them to close and there was no impact on local residents.
 
The Sub-Committee heard representations from
the local resident that they cannot use the courtyard or open their
windows. The local resident made representations that they felt
aggrieved by the impact they were experiencing from the current
operation of the premises. In addition
the Applicant was not approachable and did not try to resolve the
issues with the local residents. The local resident had concerns
that if the application was granted that their sleep and
ventilation issues would get worse. The local resident said that
they had made a number of complaints to the Council. They now have
to move as they cannot use the courtyard which was the purpose for
purchasing their property.
 
The Sub-Committee heard representations from
the Applicant’s Agent that
there will be no regulated entertainment and
that any previous DJ led music was for the opening of the premises.
There will be no sale of alcohol and the off sales are to sell food
for home delivery. The Applicant is making enquiries regarding
Planning Permission. The Applicant received no emails from local
residents or complaints until they contacted the Council about the
extractor fan. The Applicant made representations that a third less
meat will be cooked on the premises going forward which will reduce
the cooking fumes.
 
The Sub-Committee noted that the Applicant was
planning to install new panels, and that the premises are used as a
Safer Space Area.  The premises offer
drinks to victims until they receive assistance from the Police and
Responsible Authorities.
 
The Sub-Committee felt the conditions that
will be added to the premises licence will help the premises
operate more responsibly, and take into consideration the impact on
the local residents and the area.
 
The Sub-Committee considered the objections,
and after hearing the representations from the parties decided that
the application would not undermine the licensing objectives and
would not add to the cumulative impact.
 
Having taken all of the above factors into
consideration the Sub-Committee was satisfied that by granting the
premises licence the licensing objectives would not be
undermined.
 
Public
Informative
 
1. The Premises Licence Holder is advised that
any music played should not exceed background levels.
 
2. The Premises Licence Holder is strongly
encouraged to ensure the extractor fan is working properly, not
leaking fumes into buildings, and to work directly with the
Environmental Protection Team to address resident concerns.
 
3. The Premises Licence Holder 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.
 
4. 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.
 
5. The Premises Licence Holder is encouraged
to engage in meaningful dialogue with the local residents to
resolve any issues relating to the premises, and for the Premises
Licence holder to play their part in reducing any impacts of noise
emanating from the premises.
 
6. 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.
 
7. The Premises Licence Holder is encouraged
to join the Hackney Nights Scheme and become an Accredited
SafeSpace and to undertake the training
provided.