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 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, with the following amendments:
 
The opening hours and the hours for licensable
activity are:
 

 
 
Opening Hours:
 

 
Monday to Saturday 
  10:00 –
23:00  
 
Sunday 
10:00 - 21:00
 
 

 
Supply of Alcohol (on the premises):

 
 
 Monday to Friday   
16:00 – 22:30  
 
Saturday  
  12:00
– 22:30  

 
Sunday 
12:00 -  20:30
 
 
 
 
 
Supply of Alcohol (off sales):

 
 
 Monday to Saturday    10:00 – 23:00
 

 
Sunday 
10:00 -  21:00
 
 
 
 
And the following conditions: 
 
1. The supply of alcohol for consumption on
the premises shall at all times remain ancillary to the use of the
premises as a brewery with beer production,
storage and distribution.
 
2. There shall be no licensable activities or
consumption of alcohol in external areas of the premises.
 
3. Patrons shall not be permitted to access or
exit the premises via the rear doors or rear yard shown on the
licence plan, except in cases of emergency. The rear doors shall
remain closed at all times licensable activities are provided,
except in cases of emergency.
 
4. The sale ?and supply ?of alcohol for
consumption off the premises shall be in sealed containers only and
?shall ?not be consumed in the vicinity of the external area of the
premises.
 
5. A minimum of 60 seats shall be maintained
in the premises at all times the premises is open for the sale of alcohol for consumption on
the premises.
 
6. A copy of the premises Dispersal Policy
shall be available at the premises for inspection by a Police
officer and/or an authorised officer of the Council upon
request.
 
7. Notices shall be prominently displayed at
any area used for smoking requesting patrons to respect local
residents and use the area quietly.
 
8. The Premises Licence Holder shall display a
contact number or email address of the Designated Premises
Supervisor (DPS) or a person responsible for the operation of the
premises, for use by any Responsible Authority or any person who
may wish to make a complaint during the operation of the licence.
This contact number will be in a prominent location so as to be
visible externally at the premises as well as being easily
accessible to the public. The Premises Licence Holder’s
contact number will also be provided upon request. The premises
telephone number and/or email
shall be made available to all local residents
and businesses in the vicinity of the premises.
 
9. Patrons are permitted to temporarily leave
and then re-enter the premises, e.g. to smoke or make a phone call,
shall be limited to 8 persons at any one time.
 
10. The Premises Licence Holder shall ensure
that any patrons smoking outside the premises do so in an orderly
manner and are properly supervised by staff, and respect local
residential neighbours to prevent public nuisance.
 
11. No noise, music or amplified sound, fumes,
steam, odours shall emanate from the premises nor vibration be
transmitted through the structure of the premises which gives rise
to a nuisance within neighbouring residential dwellings or to any
persons living or carrying on business in the area where the
premises are situated.
 
12. Loudspeakers shall not be located in the
entrance and exit of the premises or outside the building.
 
13. All windows and external doors shall be
kept closed after 19:00 hours except for the immediate access and
egress of persons.
 
14. Signage shall be displayed informing
patrons that they are not permitted to use the gate located
adjacent to the junction of Union Walk and Nazrul Street (except in cases of emergency) nor
loiter around this area, and to respect local residential
neighbours.
 
15. The gate located adjacent to the junction
of Union Walk and Nazrul Street shall
be kept closed from 19:00 Mondays to Saturdays and 12:00 Sundays on
any evening that the premises are open for the supply of alcohol
for consumption on the premises.
 
16. The premises maintain a comprehensive CCTV
system as per the minimum requirements of a Metropolitan Police
Crime Prevention Officer. All public areas, entry and exit points
will be covered enabling frontal identification of every person
entering in any light condition. The CCTV system shall continually
record whilst the premises is open for licensable activities and
during all times when customers remain on the premises. All
recordings shall be stored for a minimum period of 31 days with
date and time stamping.
 
17. There will be a staff member at the
premises who will be able to facilitate viewing and downloading of
the CCTV system with the minimum of delay.
 
18. 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:
 
a. all crimes reported to the venue
b. any complaints received
c. any incidents of disorder
d. any faults in the CCTV system that you have
been made aware of
e. any refusal of the sale of alcohol
f. any visit by a relevant authority or
emergency service.
 
19. All instances of crime or disorder shall
be reported by the Designated Premises Supervisor or responsible
member of staff to an agreed police contact point, as agreed with
the Police (at this time this will be
hackneylicensing@met.police.uk).
 
20. Where the sale or supply of alcohol is
taking place employees of the premises must request sight of
evidence of the age of any person appearing to be under 25 years of
age (Challenge 25). Such evidence may include a
driving licence or passport.
 
21. All staff engaged in the sale of alcohol
shall be fully trained and made aware of the legal requirements
relating to underage sales and other legal requirements relating to
the sale and supply of alcohol. Such training must take place on a
12 monthly basis and written records of the training must be
maintained on the premises for inspection by the Police
Authorities. This training includes the Welfare And Vulnerability Engagement training.
 
22. A refusals log will be kept at the
premises and completed on any occasion a sale is refused, this will
be made available to all Responsible Authorities on request.
 
23. When the premises use a courier service,
it will be with a written agreement that incorporates a challenge
25 Policy. Records of proof of age checks will be retained for a
period of three months. Any courier used, will be made aware of the
potential for proxy sales.
 
24. Deliveries will only be made to
‘’post code’’ addresses, of businesses or
residential properties.
 
25. The Premises Licence Holder shall ensure
that all entrances, exits and passageways will be kept clear of
debris or furniture.
 
26. No rubbish from the premises, including
bottles, shall be moved, removed, or placed in outside areas
between 2300 hours and 0800 hours.
 
27. When the premises use drivers for their
deliveries, it will ensure that vehicles are respectfully parked,
do not leave engines running. A dedicated member of staff will
monitor the external areas from time to time to ensure that
drivers, riders and customers do not congregate in surrounding
areas and cause public nuisance to neighbours. All reasonable steps
shall be taken to
stop patrons from congregating on the road
outside the premises and from causing noise and nuisance to
residents living in the vicinity of the premises.
 
28. Staff will be diligent in observing those
who attempt to make proxy purchases on behalf of underage persons
and alert the Designated Premises Supervisor (DPS) should this
occur.
 
29. 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.
 
30. 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.
 
31. In order to minimise the amount of time
any waste remains on the public highway in readiness for
collection, the Premises Licence Holder will ensure the timeframe
within which it may expect its waste carrier to collect is adhered
to.
 
32. 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.
 
33. The Premises Licence Holder shall provide
a safe receptacle for cigarette ends to be placed outside for the
use of patrons, such receptacle being carefully placed so as not to
cause an obstruction or trip.
 
34. The current trade waste agreement/duty of
care waste transfer document shall be displayed and maintained in
the premises where it can be conveniently seen and read by persons.
This should remain unobstructed at all times and should clearly
identify:-
 
a. the name of the registered waste
carrier
b. the date of commencement of trade waste
contract
c. the date of expiry of trade waste
contract
d. the days and times of collection
e. the type of waste including the European
Waste Code
 
35. The capacity of the premises shall be
limited to up to a maximum of 74 patrons at any one time.
 
36. A dedicated member of staff and/or SIA
door security staff shall monitor patrons leaving the premises,
patrons and staff waiting for taxis or other forms of transport
will be encouraged to wait within the premises and this includes
delivery drivers and riders. All patrons and staff shall only smoke
in the designated smoking area in the front yard shown on the
premises licence plan.
 
37. There shall be no servicing, deliveries or
waste collections via the rear doors or rear yard shown on the
premises licence plan.
 
38. Patrons shall not be permitted to take
alcohol from Arch 416 into Arches 417 and 418.
 
39. There shall be no deliveries from the
premises after 18:00.
 
40. The Premises Licence Holder shall organise
and publicise a meeting for local residents to discuss the
operation of the premises at least every 3 months. The frequency of
meetings may be varied by agreement between the Premises Licence
Holder and local residents.
 
41. No consumption of alcohol shall be
permitted in the external area in front of the building on Union
Walk to prevent noise nuisance and disturbance to local residents
that reside close to the premises.
 
42. Signs will be prominently displayed at all
entrance and exit points reminding patrons to leave quietly and
respect local residents.
 
Reasons for the decision 
 
The Application for a premises licence has
been approved, because members of the Licensing Sub-committee were
satisfied that the licensing objectives would not be
undermined.
 
The Sub-committee took into consideration
there were no representations received from the Responsible
Authorities except from the Environmental Protection Team who
withdrew their objection after agreeing conditions with the
Applicant. The Sub-committee were pleased to hear that the
Responsible Authorities were able to negotiate conditions with the
Applicant.
 
The Sub-committee took into consideration that
there were 39 objections from local residents, and 16
representations from local residents in Union Walk In support of the application.
 
The Sub-committee took into consideration
representations from a local resident In support of the premises
who confirmed that the residents in Union Walk are not affected by
noise or anti-social behaviour and  that the premises made a positive
contribution to the community. The local resident agreed that the
noise issues occurred mainly when customers were leaving the
premises.
 
The Sub-committee took into consideration
representations made by the local
residents objecting to the application made by
their legal representative who made recommendations about the
impact the premises will have late at night on local residents, and
families that live close to the premises. The Sub-committee took
into account their concerns about the hours and off sales that
could result in public nuisance in the area. The Sub-committee
noted that the local residents were not persuaded by the
Applicant’s representations and their use of Temporary Event
Notices.
 
The Sub-committee noted the Applicant’s
legal representative made submissions that planning permission is
not required, and the Applicant had contacted all local residents
regarding this application. The Applicant confirmed that all
activity will be internal, not external and should not cause a
disturbance to local residents.
 
 
The Sub-committee took into account that the
Applicant worked with Responsible Authorities. The Sub-committee
noted that the Applicant offered less than core hours, and they
took into account the Applicant made submissions that they were
happy to continue working with Responsible Authorities, and local
residents to ensure there is no disturbance and impact on local
residents.
 
The Applicant contended that Union Walk is an
inclusive and community oriented premises which makes a good
contribution to the area, and that Temporary Events had been used
to test the process and they had no issues.
 
The Sub-Committee took into consideration
representations from the Applicant that they engaged in local
residents and addressed their concerns, however, no local residents
complained to them about noise. The Sub-committee were reassured
that the Applicant agreed to organise and publicise meetings with
local residents, and that they will continue to work with local
residents to prevent noise nuisance in the future.
 
The Sub-Committee took into account
representations from the Applicant and their legal representative
about the positive response to resident engagement, and there was a
good channel of communication with local residents. The
Sub-committee noted that the Applicant agreed to make their contact
details available to local residents to raise any concerns in the
future about the premises. The Applicant informed that they would
be on the premises every day and would be happy to deal with any
issues that occur and are reported by local residents. This
reassured the Sub-committee that the Applicant will work with local
residents to prevent nuisance.
 
The Sub-committee heard from the
Applicant’s legal representative that the premises has a
noise limiter, that the rear of 416 Union Walk will not be used and
the smoking area will be situated at the front of the premises. The
Applicant’s legal representative confirmed that the Applicant
had already provided a Dispersal Policy to be approved by the
Police and the Licensing Authority.
 
The Sub-committee, after hearing from all the
parties, felt that the Applicant presented a reasonable proposal,
and there was value in having community premises in the area. The
Sub-committee was satisfied that the Applicant demonstrated that
they are engaging with local residents. The Sub-committee felt it
was not appropriate for alcohol to be consumed in the external area
of the premises given the close proximity to local residents and to
prevent public nuisance in the area. The Sub-committee was
satisfied that the reduced hours were reasonable taking into
account the concerns of local residents. The Sub-committee felt
satisfied that the Applicant was taking into consideration the
concerns raised by local residents and they were taking the
necessary measures to prevent noise nuisance and were working with
a noise consultant.
 
The Sub-committee felt that the premises
procedures, the conditions agreed with the Environment Protection
Team, and the core hours will help the premises operate responsibly
and not undermine the licensing objectives.
 
Having taken all of the above factors into
consideration, the Sub-committee was satisfied that by granting
this premises licence, the licensing objectives would not be
undermined.
 
Public Informatives:
The Premises Licence Holder is encouraged to
continue working with local residents and Responsible Authorities
to prevent any public nuisance or negative impact in the area.
 
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.
 
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.