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RESOLVED:
 
The decision
 
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:
 
· 
Remove Condition 8
from the premises licence.
· 
Remove off-sales of
alcohol from the premises licence.
· 
A site plan to be
provided to the Licensing Authority
· 
The Licensing
Authority to assess the capacity from the site plan to be provided
by the Applicant and determine the seated capacity of the
premises. 
· 
The Police and the
Licensing Authority to assess and determine whether SIA door staff
are required at the premises. 
 
And the following conditions will be added to the premises
licence: 
 
1.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:
· 
all crimes reported to
the venue
· 
any complaints
received
· 
any incidents of
disorder
· 
any faults in the CCTV
system
· 
any refusal of the
sale of alcohol
· 
any visit by a
relevant authority or emergency service.
 
2.There shall be clear and prominent signage asking all
customers to leave
quietly and respect local residents.
3.All instances of crime or disorder to be reported by the
designated premises supervisor or responsible member of staff to an
agreed police contact point, as agreed with the Police.
4.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.
5.The premises will display and maintain appropriate
signage advising customers of the contact details of the Designated
Premises Supervisor.
6.There shall be no open containers or glass containers or
drinks taken outside the premises at any time.
7.Alcohol shall not be sold or supplied for consumption on
the premises other than to people taking a substantial table meal
from the menu and that the consumption of such alcohol is ancillary
to taking table meals. This shall be served by waiter/waitress
service.
8. All staff will be given refresher training every six
months on the legislation relating to the sales of alcohol to
underage persons and drunken persons. Written records of this
training shall be kept on the premises and produced to police or
other authorised officers upon request.
9. No more than 2 persons are permitted to smoke outside
the premises at any one time.
10. Premises to operate a zero tolerance policy to drugs
and comply with a. Weapons Policy where appropriate b. Hackney
Police Theft Reduction Policy 2011c. Or any subsequent reviews of
these policies.
11. The contact details of the duty manager and the
Designated Premises Supervisor to be on display at the premises so
that local residents can make contact regarding issues and concerns
they have with the premises.
 
Reasons for the decision
 
The application to vary this premises licence has been
partially approved as members of the Licensing Sub-committee were
satisfied that the licensing objectives would not be
undermined. 
 
The Sub-committee after considering the evidence presented
to them decided to grant the use of the premises as a restaurant
for alcohol to be served on the premises ancillary to a substantial
table meal until 23:00. The Sub-committee were also happy for the
take away service  to continue,
however,
no off sales of alcohol will be permitted. The
Sub-committee decided not to grant the extended hours for the Late
Night Refreshment that the Premises Licence holder applied
for.
 
The Sub-committee took into consideration that apart from
the Metropolitan Police Service (“the Police”) no other
Responsible Authorities raised 
objections to this Application.
 
The Sub-committee took into account that Other Persons
(local residents) objected to the Application and their concerns
about the impact the premises will have on the area. The local
residents contended that the premises are very small and they have
not had sight of a site plan to see how the seated customers are
accommodated on the premises.
 
The Sub-committee heard representations from Other Persons.
One local resident confirmed that they lived close to the premises
and Hoxton Square for the last 12 years, and the premises has
always been a coffee shop. They could not see why the alcohol
should be sold seven days a week at the premises which are very
small. The local resident requested that the application be
refused.
 
The Sub-committee noted from the representations that the
local residents will not always complain in the middle of the
night. However they are affected by what goes on in the
area.
 
The Sub-committee heard representations from a second local
resident who made representations about the negative impact on the
Charlotte Road and Rivington Street
area late at night, and they agreed with the previous local
residents' representations. The second local resident also asked
that the Sub-committee refuse the application because the area is
already saturated with bars and premises.
 
The Sub-committee heard from the Police and local residents
that there was already enough noise and antisocial behaviour added
to the cumulative impact of the area, and they requested that the
application be refused. The Sub-committee took into account
representations from the Police that they have no issues with the
premises and that they had not visited the premises. However, the
Police have been monitoring the area generally at 03:00 and 04:00
in the morning and they have seen people staying in the area for
longer which will add to the future impact in the area.
 
The Sub-committee heard submissions from the Police that
people drink on the streets late at night and they were objecting
to antisocial behaviour and people staying on the streets late at
night. The Police contended that hours of operation applied for are
beyond core hours, and this was the only premises in the area that
were seeking such late hours. The Sub-committee noted that the
Police did not object to on-sales which was not an issue, and there
are no current issues at the premises. The Sub-committee noted that
the Police received no direct complaints about the
premises.
 
The Sub-committee were concerned that there was no
designated smoking area which meant that any smokers would be
smoking on the pavement at the front of the premises late at night.
The Sub-committee noted that the Premises Licence holder agreed
that up to two  smokers were allowed to
smoke at the front of the premises at any one time.
 
The Sub-committee heard submissions from Premises Licence
holder’s representative that alcohol will be sold ancillary
to food. There were no objections from other Responsible
Authorities apart from the Police. The premises currently operate
until 03:00 without complaint. The Sub-committee heard submissions
on behalf of the Premises Licence holder that the premises is not
an alcohol led premises. They are a food led business and they are
prepared to provide training for their staff and to comply with any
other conditions to maintain the licensing objectives. The
Sub-committee noted that the Premises Licence holder offered to
reduce the additional hours on Thursdays, and only having late
night hours from Friday to Saturday until 04:00.
 
The Sub-committee heard submissions from the Premises
Licence holder’s representative that the premises can offer
late night refreshments in a more controlled way by having extended
hours. In addition the premises can control unruly behaviour more
by operating as a restaurant. The premises are seeking to serve
food on and off the premises. The premises currently operates as a
café during the day until 18:00. After 18:00 the premises
operate a different menu, serving kebabs, and other takeaway food
as part of their nighttime operation,
the premises can operate as a restaurant during the day
also.
 
The Sub-committee noted that the premises will not operate
as an off-licence.  Alcohol sales will
be sold ancillary to food and the Premises Licence holder would be
happy with restaurant hours. The Sub-committee took into
consideration that the Premises are happy to restrict the hours of
alcohol because it is a small premises from 10:00 to 23:00 and no
alcohol hours after
23:00.
 
The Sub-committee heard from the Premises Licence holder
that the capacity of the restaurant will be 25 seated customers.
The Sub-committee had not seen the site plan showing
this.
 
The Sub-committee heard submissions from the Premises
Licence holder’s representative that there were no
substantiated complaints of nuisance from local residents or that
there were complaints presented by any of the representations made
at the hearing. The Sub-committee heard that the Premises Licence
holder said that they spoke to local residents prior to the hearing
and no concerns were raised. The Police confirmed that they had not
been contacted by the Premises Licence holder prior to the hearing
or after they made their representation.
 
The Sub-committe heard that the
Premises Licence holder’s representative did not agree that
the premises will add to the cumulative impact of the area. They
suggested that the Premises Licence holder could apply in six
months for off-sales after they have proven that there are no
concerns, and that the premises is operating well and is not adding
to the cumulative impact. The Sub-committe heard submissions from the Premises
Licence holder’s representative that the premises have been
affected by the current economic climate.
 
The Sub-committee took into account that it is a late night
premises in the Shoreditch area that already has extensive hours
beyond the Council's core hours LP3 until 03:00. The written
evidence and the evidence presented confirmed that the area is
already at saturation point. The Sub-committee took into
consideration that the Premises Licence holder agreed to a
substantial meal condition to operate their small
restaurant.
 
The Sub-committee heard that the Premises Licence holder
agreed to staff being trained in courses such as Ask Angela,
Welfare and Vulnerability, Staff Welfare, Hate Crime and Crime
Prevention, and they agreed to display contact details for any
local residents to make contact if they have any
concerns.
 
The Sub-committee supports local businesses in the borough,
however, they cannot make decisions based on economic factors. Each
application heard by the Sub-committee is considered on its own
merits.
 
The Sub-committee felt that the conditions added to the
premises licence will
help the Premises Licence holder and their staff operate
the premises responsibly as a restaurant and takeaway.
 
Having taken all of the above factors into consideration
the Sub-committee was satisfied that by granting this partial
variation to the premises licence that the licensing objectives
would continue to be promoted.
 
Public Informative
 
The Premises Licence holder is encouraged to work with
local residents to reduce noise nuisance, and prevent any negative
impact in the area.
 
The Premises Licence holder is encouraged to use takeaway's
sustainable cutlery, plates, cups, food containers, and recyclable
disposable materials to avoid using single-use plastic disposable
items to protect the local area, to prevent litter, and to protect
the environment.