Content

 
The Licensing Sub-Committee in considering this decision
from the information presented to it within the report and at the
hearing today has determined that having regard to the promotion of
all the licensing objectives:
 
The prevention of crime and disorder;
· 
Public
safety;
· 
Prevention of public
nuisance; and
· 
The protection of
children from harm,
 
the application for a premises licence has been approved in
accordance with the Council’s Statement of Licensing Policy
and the proposed conditions set out in paragraph 8.1 of the report,
with the following amendments:
 
Films:
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 01:30
Sunday 
 
10:00 - 22:30
 
Indoor Sporting Events:
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 01:30
Sunday 
 
10:00 - 22:30
 
Live Music:
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 01:30
Sunday 
 
10:00 - 22:30
 
Recorded Music:
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 01:30
Sunday    
10:00 - 22:30
 
Performance of Dance:
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 01:30
Sunday 
  
10:00 - 22:30
 
Anything of a similar description:
 
Monday to Thursday    10:00 -
23:00
Friday to Saturday   
10:00 - 01:30
Sunday 
 
10:00 - 22:30
 
Late Night Refreshment
 
 
Friday to Saturday   
23:00 - 01:30
 
Supply of Alcohol (on sales)
 
Monday to Wednesday 
  10:00 -
23:00
Thursday 
10:00 - 00:00
Friday to Saturday   
10:00 - 01:30
Sunday 
 
10:00 - 22:30
 
Opening hours
 
Monday to Wednesday 
  10:00 -
23:30
Thursday 
10:00 - 00:00
Friday to Saturday   
10:00 - 02:00
Sunday 
 
10:00 - 23:00
 
 
Remove Non-standard hours from the Application.
 
An updated Fire risk assessment is required following works
carried out on the premises.
 
Amend condition 16 as follows:
 
"
A sound limiting device within the premises shall be installed to
control all amplified sound generated on the premises. The device
shall be approved by and set to the satisfaction of the
Council’s Environmental Protection Team and the Police and
thereafter maintained for the duration of use. No additional noise
generating equipment shall be used on the premises without being
routed through the sound limiting device”.
 
Amend condition 19 as follows:
 
 
“All doors (excluding the front door at street level)
shall be kept closed when regulated entertainment is in operation,
except for the immediate ingress and egress of patrons. Also
customers are not permitted to use Miller Terrace beyond core hours
under Policy LP3”
 
Amend condition 26 as follows:
 
“Persons under the age of 18 will not be permitted to
be on premises when open to members, guests and family members
after 22.00hrs; unless attending a pre-booked private event or film
screening excluding"stag" and "hen" do
events”.
 
And the following conditions to the Premises Licence:
:
 
The Licence holder to employ a Designated Premises
Supervisor that is approved by the Licensing Authority and the
Police.
 
No entrance or exit to the premises after 23:00 except for
Fridays and Saturdays.
 
SIA door security will be on duty on Fridays and Saturdays
at the premises until 30 minutes after closing to deal with noise
and dispersal from the premises.
 
Premises to be adequately lit at the rear of the
premises.
 
No more than 8 persons are permitted to smoke outside at
the rear of the premises at any one time until 23:00.
 
There shall be no more than 90 persons at the premises at
any one time.
 
The Licence holder to submit a soundproof acoustic report
to the Environmental Team.
 
No customers permitted under 25 except family members for
private events and public and community events, and no under
5’s permitted at all.
 
There shall be a written dispersal policy submitted to and
approved by the Licensing Authority and the Police. The approved
dispersal policy shall be implemented at the premises. All staff
shall be briefed 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.
 
Reasons for the decision
 
The application for a premises licence has been approved
because the Licensing Sub-committee was satisfied that the
licensing objectives would not be undermined in the Dalston Special Policy Area (Dalston SPA).
 
The Sub-committee took into consideration that
Environmental Enforcement, Environmental Protection, and Trading
Standards agreed conditions in advance of the hearing with the
Applicant and withdrew their representation.
 
The Sub-committee took into consideration the
representations made by the 
Metropolitan Police Service (“the Police”) that from
February 2020 to date concerns set out remain the same in
Dalston SPA. The Sub-committee heard
that the Police had not been able to reach any agreements with the
Applicant. The Sub-committee noted that customers at the premises
are over 30s excluding hen parties. A Fire Risk Assessment had not
been provided for the last six months and the Police had concerns
about late hours. The Sub-committee heard that Dalston had increased in numbers in the area, and
the Police were requesting that the late hours and non-standard
hours should be removed from the application. The Sub-committee
took into account that there should be no amplified music until a
noise report has been considered to assess the noise
levels.  The Sub-committee took into
account that the Applicant was going to be the Designated Premises
Supervisor as he now has a personal licence.
 
The Sub-committee took into consideration the
representations made by the Licensing Authority that the premises
is located in the Dalston SPA therefore
it is subject to policy LP10 and it will add to the cumulative
impact in the Dalston SPA.
This area has been identified as suffering from negative
cumulative impact as a result of the high concentration of licensed
premises.
 
The Sub-committee took into consideration the objection to
the application raised by Other Persons (a local resident) that
live close to the premises who experienced loud music and noise
nuisance. The Other Person felt that the application was
unrealistic, and the late hours will result in more crime and
nuisance in the Dalston SPA.
 
The Sub-committee took into consideration the
Applicant’s representation that they agreed to reduce the
hours to enable a phased dispersal to leave quietly and securely
and staff will manage the dispersal from the premises. The
Sub-committee took into account that this application for a
premises licence has been considered by the Police to try and
alleviate any concerns and two supporting letters were provided in
support of the application.
 
The Applicant contended that they are a responsible licence
holder and that they would not add to the cumulative impact in the
area. The Sub-committee heard that the fire risk assessment 2017 is
still valid.
 
The Sub-committee heard a representation in support of the
application. The Other Person, in support of the application, runs
a number of groups and chairs groups and helps the community to
celebrate events. These premises would enable the event organisers
to do a lot of things and give young people time and space to enjoy
events. The Sub-committee heard that the premises cater for young
people and there was a shortage of spaces in the borough. The
Sub-committee noted that the event organisers are inundated with
requests for events membership of over 20 mainly birthdays and
family celebrations. The Sub-committee heard that the events cannot
just operate on Temporary Events because they have 40 events per
year. 
 
The Sub-committee took into account the objections raised
by the Police that 01:00 am in the week is late given the impact on
local residents in the area, and that it should be core hours on
weekdays. The Sub-committee took into consideration the
Police’s concerns about the late night hours, and that if the
premises operated the late night hours under Temporary Events the
Police could monitor the hours.
 
The Sub-committee took into account the Licensing
Authority’s concerns about the lateness of the hours which
were not acceptable, and that there was no dispersal policy in the
Management Plan.
 
The Sub-committee noted that the emphasis is on community
facilities and community-based events for over 30s and community
members. The Sub-committee took into consideration that 90 people
can be controlled if they operate as the Applicant intends
to.
 
The Sub-committee took into consideration that the premises
are situated in the Dalston Special
Policy Area and the impact that the late night hours would have on
local residents. The Sub-committee took into consideration the
representations made by the Licensing Authority and the Police and
their concerns about the operation of the premises late at
night.
 
Having taken all of the above factors into consideration,
the Licensing Sub-committee was satisfied, when granting this
application for a premises licence, that the Applicant had offered
adequate conditions and reduced hours, to justify them making an
exception to grant this licence within the Dalston SPA.
 
Public Informatives
 
1. ?The Sub-committee encourages the Applicant to work with
the Responsible Authorities to comply with the terms and conditions
of his licence and to maintain the licensing objectives.
 
2. The ?Applicant ?is? reminded of the need to operate the
premises according to
any current licensing conditions on the premises licence
and planning permission relating to its use class, conditions and
hours.
 
3. 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.
 
 
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.