Content

The Licensing Sub-Committee, in considering this decision
from the information presented to them within the report and at the
hearing today 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 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, with the following amendments:
 
The hours for licensable activities, shall be, as
agreed:
 
Live Music 
 
Sunday to Wednesday  08:00 -
00:30
Thursday 
08:00 - 01:00
Friday  
08:00 - 01:00
Saturday   
08:00 - 01:00
 
Recorded Music 
 
Sunday to Wednesday  08:00 -
00:30
Thursday 
08:00 - 01:00
Friday  
08:00 - 01:00
Saturday   
08:00 - 01:00
 
Performance of Dance
 
Sunday to Wednesday  08:00 -
00:30
Thursday 
08:00 - 01:00
Friday  
08:00 - 01:00
Saturday   
08:00 - 01:00
 
Late Night Refreshment:
 
Sunday to Wednesday  23:00 -
00:30
Thursday 
23:00 - 01:30
Friday  
23:00 - 01:30
Saturday   
23:00 - 01:30
 
Supply of Alcohol (on sales)
 
Sunday to Wednesday  12:00 -
00:30
Thursday 
12:00 - 01:30
Friday  
12:00 - 01:30
Saturday   
12:00 - 01:30
 
 
Supply of Alcohol (off sales)
 
Sunday to Wednesday  08:00 -
00:30
Thursday 
08:00 - 00:30
Friday  
08:00 - 00:30
Saturday   
08:00 - 00:30
 
Opening hours of the premises
 
Sunday to Wednesday  08:00 -
01:00
Thursday 
08:00 - 02:00
Friday  
08:00 - 02:00
Saturday   
08:00 - 02:00
 
 
Remove “ Plays” from the premises
licence.
 
Remove “Anything of a similar description” from
the premises licence.
 
And the following additional conditions:
 
The external seating area shall be closed with furniture
rendered unusable by 22:00 each day save for a maximum of six (6)
smokers after this time.
 
There shall be a written dispersal policy submitted to and
approved by the Licensing Authority and the Police which shall be
reviewed regularly. The approved dispersal policy shall be
implemented at the premises by the staff. All staff shall be
trained on this dispersal policy. A copy of the policy shall be
kept on the premises and shall be produced to a police officer or
other authorised officer upon request.
 
No bottles, glasses or alcoholic drinks shall be taken
outside except for consumption in the external area at the outside
tables and chairs until 22:00.
 
All amplified music shall be played through a noise limiter
set and sealed by an Environmental Protection Officer and the
premises Acoustic Consultant.
 
All doors and windows shall be closed during the playing of
regulated entertainment except for entry and egress.
 
External noise patrols shall be undertaken at least every
half an hour to ensure music noise cannot be heard at the nearest
noise sensitive premises. Details shall be recorded in the Incident
Book.
 
There shall be a member of staff tasked for the purpose on
the door from the terminal hour until at least 30 minutes after the
premises closes and all customers have left the premises. They
shall ensure that no glasses, bottles or open alcoholic drinks are
removed from the premises, remind customers to leave quietly,
quickly and ensure that they do not loiter outside the
premises.
 
The Premises Licence Holder / Designated Premises Licence
holder shall ensure that an ongoing daily risk assessment shall be
undertaken taking into account any advice received from the Police
or events taking place locally, to identify any need for additional
staff or SIA Licensed Door Supervisors to be on duty.
 
Off sales of alcohol shall only be made to accompany a
substantial food order for customer collection or home delivery and
be limited to a maximum of 8 bottles or cans or beer, lager or
cider and or 2 bottles of wine per order.
 
No children shall be permitted on the premises after
20:00.
 
Staff shall verbally instruct delivery drivers and riders
to turn their engines off while collecting orders. Delivery drivers
remain inside the premises when collecting food orders.
 
Reasons for the decision
 
The application to vary 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 account that the Responsible
Authorities (the Environmental Protection Team, the Licensing
Authority and the Metropolitan Police Service (“the
Police”) raised objections to the application. The
Environmental Protection Team, and the Licensing Authority objected
to the application on the grounds of public nuisance. The Police
objected to the application on the grounds of public nuisance and
crime and disorder. The Sub-committee noted no other Responsible
Authorities and no local residents objected to the
application.
 
The Sub-committee took into consideration the
representations made by the Police and their concerns about the
impact that the increased hours would have on the Dalston Special Policy Area (Dalston SPA) and the cumulative impact on the area.
The Sub-committee noted that the Applicant took on board the advice
from the Police and the Licensing Authority and revised their hours
and conditions to be more suitable for the Dalston SPA. The Sub-committee took into
consideration that alcohol will be ancillary to food.
 
The Sub-committee heard the representations made by the
Applicant’s representative that the premises is a fish and
chip restaurant which has been open for the last 20 years. The
Sub-committee noted that the Applicant was seeking the variation of
the premises licence to improve the business. The Sub-committee
took into account that the existing premises licence has a
restaurant condition that alcohol cannot be supplied on the
premises without a substantial table meal being served which will
remain on the licence. The Sub-committee noted that the takeaway
meals are delivered by electric bikes and motorcycles and events at
the weekend are usually birthdays or similar
celebrations.
 
 
After hearing representations from the Applicant and the
Responsible Authorities (the Environmental Protection Team, the
Licensing Authority and the Metropolitan Police Service) the
Sub-committee felt that the variation should be granted because the
Applicant offered reduced hours which 
helped to alleviate their concerns. The Sub-committee took into
consideration that the premises is situated on the boundary of the
Dalston Special Policy Area and may add
to the cumulative impact in the area.
 
The Sub-committee felt that with the conditions offered by
the Applicant including a dispersal policy together with the
reduced hours it would mitigate the concerns and impact on the
area. The Sub-committee took into account that the Police and the
Licensing Authority agreed to the conditions. The Sub-committee
felt that the Applicant demonstrated that they are an experienced
operator with a good track record who could operate the premises
responsibly.
 
The Sub-committee took into account that the Applicant
agreed that there will be a cut-off time for the number of
deliveries. Drivers on electric bikes will be inside. The
deliveries by electric bikes will turn off their engine and the
food order will be collected inside to mitigate the noise and music
will be regulated through a noise limiter. The Sub-committee noted
that the premises will remain as a restaurant, and it was agreed
off-sales of alcohol will end at 00:30 Thursday to
Saturday.
 
The Sub-committee took into consideration that the
Licensing Authority accepted the reduced hours, the conditions and
that the premises will remain as a restaurant predominantly. The
Licensing Authority were also satisfied that the takeaway hours
were being reduced by one hour and that alcohol will be served
ancillary to food.
 
The Sub-committee heard that the Police had no reason to
visit the premises and they were aware that the Applicant has held
the licence for this  restaurant for the
last 20 years. The Sub-committee took into account that the
Applicant agreed to the outside seating area being closed at 22:00.
The Sub-committee took into account that the Police had concerns,
however, they had been allayed following the representations made
by the Applicant.
 
The Sub-committee cannot determine the application based on
economic factors. Each application is determined on its own
merits.
 
Having taken all of the above factors into consideration,
the Sub-committee was satisfied that by granting this variation to
the premises licence, that the licensing objectives would continue
to be promoted.
 
Your right to appeal
 
If you are aggrieved by any term,
condition or restriction attached to this decision, you have the
right to appeal to the Thames Magistrates Court, 58 Bow Road,
London E3 4DJ within 21 days of the date you receive this written
decision.