Content

6.1  
The sub-committee heard from the Principal Licensing Officer, the
Metropolitan Police, the Licensing Authority, the applicant and
Other Persons. During the course of submissions and a discussion of
the application, the sub-committee noted the following:
· 
Representation received from the Licensing Authority
and  the Police on the grounds of The
Prevention of Crime and Disorder and Prevention of Public
Nuisance;
· 
The applicant
explained that they had agreed to a number of conditions
recommended by the Police including maintenance of a comprehensive
CCTV system and the employment of Security Industry Association
(SIA) affiliated staff;
· 
The applicant
confirmed that no alcohol would be sold either on or off the
premises;
· 
The applicant
recognised that the premises was in a Special Policy Area (SPA) and
to that end highlighted that they were not the only licensed
premises in the vicinity;
· 
The applicant
confirmed that they had followed all the environmental conditions
as recommended by the Council;
· 
The Responsible
Authorities had raised a number of concerns about the application
and the cumulative impact on the Dalston SPA;
· 
The Licensing
Authority highlighted that the applicant had stated that they
intend to “provide a late night service to customers in order
to buy food did does not consider this to be a demonstration of
mitigation of the risks associated with a late night operation in
the Dalston SPA;
· 
The Other Persons had
raised a number of concerns about the impact of the application on
local residents, including noise pollution, opening hours and the
apparent lack of regular changing of the extraction
filters;
· 
The applicant
confirmed that there was no issues of no-compliance and that since
they had accepted the recommended conditions they had been open
until 11pm. They stated that their business was not about
deliveries;
· 
The applicant
confirmed that the extraction filters were regularly jet
washed;
· 
The applicant
highlighted that location of the premises being in close proximity
four nightclubs and that issues of noise pollution should be
addressed to those establishments;
· 
The applicant
confirmed that on the 7 July 2022 they had set up a DJ booth on
site which had resulted in loud music. This incident had occurred
to celebrate the three year anniversary of the premises being open
and that the as result the premises had been open later. Since that
one off event the premises had closed at 11pm;
· 
Since the premises had
been opened their waste removal had been handled by a registered
waste removal company. Drums and bags of waste were stored inside
the premises overnight and collected from the waste removal
company;
· 
The applicant had
accepted that there would be no deliveries to their premises after
11pm;
· 
The applicant stated
that since they had agreed to a number of additional conditions
they had compiled with all of them;
· 
The applicant
considered a proposal of shorter hours, namely a closing time of
1am rather than 4am Friday to Saturday and they had concluded that
was too much a of a reduction and it would impact on their
business;
· 
After further
consideration the applicant found a 1am closing time
agreeable;
· 
Some of the other
persons expressed their concerns that a 1am closing was still not
acceptable.
 
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 hours of licensable activity:
 
Late Night Refreshment:
 
Thursday  
23:00 - 23:30
Friday   
23:00 - 01:00
Saturday   
23:00 - 01:00
Sunday  
23:00 - 23:30
 
Opening hours
 
Monday to Wednesday   11:00 - 23:00
Thursday 
11:00 - 23:30
 
Friday to Saturday  
11:00 - 01:30
Sunday  
11:00 - 23:30
 
 
Remove conditions 7, 8 and 9 from the premises licence as
they do not apply to this application.
 
And the following conditions to be added to the
licence:
 
No delivery service is permitted after 23:00.
 
 
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 that the
Responsible Authorities (the Licensing Authority, the Metropolitan
Police Service (“the Police”) and the Environmental
Enforcement Team) made representations on the grounds of prevention
of public nuisance. The Sub-committee noted that the Applicant
agreed to the Environmental Enforcement and the Police conditions
set out in the Licensing report at paragraph 8.1.
 
The Sub-committee took into account that there were 5
representations made by Other Persons (local residents) on the four
licensing objectives.
 
The Sub-committee heard that the Responsible Authorities
and local residents had concerns about the premises and the hours
of operation until 04:00 which was considered too late and the
impact it will have on local residents in the area late at
night
 
The Sub-committee heard representations from the Applicant
that alcohol would not be served, the premises was takeaway only,
the premises was small and only 15 customers could be on the
premises at any one time. The Applicant contended that the premises
would not negatively impact the area.
 
The Sub-committee took into consideration the above
conditions including no delivery services by delivery companies
after 23:00 and the reduced hours that they felt would limit the
impact on local residents. The Sub-committee felt that the
Applicant needed to prove over a period of time that they could
comply with the conditions on their premises licence and to work
with the local residents to prevent public nuisance.
 
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 Informative
 
The Premises Licence holder is encouraged to work with the
local
 
residents to deal with any issues arising relating to noise
nuisance.
 
The Premises Licence holder is strongly encouraged to use
sustainable cutlery, plates, cups, food containers, and recyclable
materials to avoid using single-use plastic disposable items to
prevent litter, and to protect the environment.