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 were approved as set out in the report.

·  Recorded Music is removed from the application.

And add the following conditions to the premises licence:

·  There shall be a staff member from the premises who is conversant with the operation of the CCTV system on the premises at all times when the premises are open to the public. This staff member must be able to show Police or authorised Council officer footage when requested. 

·  There shall be “CCTV in Operation” signs prominently displayed.

·  Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are taking substantial table meals and that the consumption of alcohol by such persons is ancillary to taking such meals. The supply of alcohol will be by waiter/waitress service only. 

·  An incident log shall be kept at the premises, and made available on request to an authorised officer of the council or the police, which will record the following:

a. All crimes reported: 

b. All ejections of patrons 

c. Any complaints received. 

d. Any incidents of disorder. 

e. Seizure of drugs or offensive weapons. 

f. Any faults in the CCTV system or searching equipment or scanning

  equipment. 

g. Any refusal of the sale of alcohol. 

h. Any visit by a relevant authority or emergency service. 

·  Premises to operate zero tolerance policy to drugs and comply with Hackney Police Drugs, Weapons and Theft policy where appropriate. 

·  The outside space at the front of the premises shall be not be used after 21:00, except by patrons smoking. 

·  The outside space to the rear of the premises shall not be used after 18:00. 

·  After 21:00 there shall be a maximum of 6 smokers outside the front of the premises at any one time.

·  The licensee shall put in place measures to delineate the front outside area of the premises from the public footpath.

Reasons for the decision

The application for a 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 the written representation from 1 Other Persons (a local resident) objecting to the Application on the grounds of public nuisance. The Sub-Committee took into consideration that the local resident lived above the restaurant, and they had concerns about the impact of noise and the disturbance that they would experience late at night.

  The Sub-Committee took into account the objections received from the Environmental Protection Service and the Environmental Enforcement Service who both withdrew their representations before the hearing after agreeing conditions with the Applicant. It was noted that no other Responsible Authorities made representations.

The Sub-Committee heard representations from the Applicant’s legal representative that the premises runs a breakfast brunch and deli service and it’s been operating since 2015. Recently the company structure was simplified which resulted in them needing to apply for a new premises licence because the previous premises licence had lapsed. The premises have been using temporary event notices in the meantime.

The Sub-Committee took into consideration that there were no concerns from Responsible Authorities and there was no intention to extend the hours authorised by the previous premises licence.

The Sub-Committee noted that the Applicant agreed to remove recorded music from the application and the alcohol hours are aligned with Policy LP3 (Core Hours). Also the Applicant agreed to have a condition for alcohol to be consumed ancillary to a substantial meal.

The Sub-Committee took into account that the hours are consistent with similar businesses on the Street, and was satisfied that the application would not undermine the licensing objectives nor lead to a negative impact on the area. 

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.