Content

5.1  The sub-committee
heard from the Principal Licensing Officer, agent for the
Applicant, the Metropolitan Police and Licensing. During the course
of submissions and a discussion of the application, the
sub-committee noted the following:
· 
It was noted that the
applicant had submitted additional information which had been
circulated to all parties.
· 
Since the publication
of the officer report, the applicant proposed to reduce the hours
from Sunday to Wednesday to 23.00 to 01.00 hours and if the
Sub-Committee were not minded to grant the licence the applicant
proposed to also reduce the hours from Thursday to Saturday until
01.00 hours.
· 
A dispersal policy and
additional measures had also been submitted, which intended to
mitigate the cumulative impact on the Shoreditch Special Policy
Area (SPA).
· 
The Applicant’s
agent stated that the local restaurant offered halal food and the
premises had received a 5 star rating.
· 
They intended to offer
a pre-order and collection service only from 23.00 hours to meet
the rise in customer demand since Covid-19, and there were no
current plans to provide any delivery service.
· 
The applicant was a
responsible operator with previous experience managing another
similar restaurant in Camden for 15 years.
· 
A maximum of eight
customers would be allowed in the premises at any one time and
orders would be served within three minutes to minimise public
nuisance in particular prevent queuing on the narrow footways that
were extremely busy in the early hours.
· 
The applicant stated
that he would not serve any intoxicated persons.
· 
The last order would
be taken 15 minutes before the closing hour so that the premises
closed promptly and people were encouraged to disperse from the
area.
· 
The applicant’s
agent confirmed that there was no ventilation ducting at the rear
of the premises.
· 
The premises licence
was transferred to the applicant in July 2022 and he denied any
involvement in the incidents of non-compliance witnessed prior to
the transfer.
· 
An SIA door supervisor
would be employed from Thursdays to Saturdays and a staff member
would be nominated from Sundays to Wednesdays to monitor the
outside area to minimise public nuisance, anti-social behaviour and
manage dispersal.
· 
All parties agreed
that conditions 12 and 13 would need to be amended to reflect the
variation in the licence.
· 
It was confirmed that
the applicant had not applied for non-standard hours.
· 
The applicant’s
agent made reference to a petition in support of the application
but due to printing issues the document could not be
submitted.
· 
The responsible
authorities indicated that the reduction in hours alleviated some
of their concerns however, there were residential properties above
and adjacent to the premises as well as being located on a busy
road within Shoreditch Triangle, which experienced high levels of
public nuisance and disorder.  The
proposed extended hours would negatively impact on local amenities
but the proposed reduced hours would allow the applicant to
demonstrate they could be a responsible operator in
Hackney.
· 
The responsible
authority expressed concern with regard to regulating a delivery
service on a red route and requested an additional condition to not
permit any deliveries.
· 
The police
representative confirmed that no breaches had been reported since
July and the Licensing representative also confirmed that they had
not received any complaints relating to this premises.
 
RESOLVED
 
The decision of 13th October 2022
 
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 to vary 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:
 
The Licensing Sub-committee granted the following
hours
of licensable activity:
 
Late Night Refreshment
 
Sunday - Wednesday   23:00 -
00:00
Thursday - Saturday 
  23:00 -
01:00
Opening Hours:
 
Sunday 
 
10:00 - 00:30
Monday - Wednesday   08:00 -
00:30
Thursday - Saturday 
  08:00 -
01:30
 
Non-standard hours shall be removed from the premises
licence.
 
 Condition 12 amended to read as
follows:
 
"12. All tables and chairs shall be rendered unusable after
23:00 hours each night. All food orders after 23:00 hours shall be
for takeaway only".
 
 Condition 13 amended to read as
follows:
 
"
13. After 23:00 hrs there shall be a
maximum of 8 customers in the shop at
any one time. This shall be monitored by at least one
staff/door supervisor".
 
 
Condition 14 amended to read as follows:
 
“ An SIA Licensed Door Supervisor shall be on duty at
the premises from 23.00 to 15 minutes after close on Friday,
Saturday & Bank Holiday Sundays. The Door Supervisor shall
clearly display their SIA Licence while on duty at the premises.
The Door Supervisor must record details of their employment at the
premises in the relevant section of the Incident Book including,
name and full SIA Licence Number, phone number, dates and times of
attendance, signature, and if employed by a Security Company the
name & phone number of the Company”.
 
And the following additional conditions:
Food deliveries are not permitted. Pre-orders and
collection only.
 
A
minimum of three members of staff shall be on duty Friday and
Saturday evenings after 23.00.
 
 
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
within the Shoreditch Special Policy Area (Shoreditch
SPA).
 
The Sub-committee took into account that the Metropolitan
Police Service (“the Police”) and the Licensing
Authority raised objections to the application in addition there
were 2 objections raised by Other Persons (local residents). The
Sub-committee noted that the Police concerns related to a previous
owner of the premises. The Sub-committee took into consideration
that there were reports that the Applicant had not complied with
the conditions on their licence and had operated over their
permitted operating hours.
 
The Sub-committee took into consideration the
representations made by the Licensing Authority, and their concerns
about the impact on the Shoreditch SPA which was affected by a rise
in public nuisance and anti-social behaviour. The Sub-committee
also took into consideration that the premises is located in the
Shoreditch SPA and therefore it is subject to policy
LP10.
 
The Sub-committee heard the representations made by the
Licensing Authority, and their concerns about deliveries in a busy
part of Shoreditch SPA, and how it will impact on local residents
who live close to the premises. The Sub-committee took into
consideration that the Licensing Authority wanted a condition for
no deliveries because it is on a red route. The Applicant would
have to come back with another application to the Sub-committee for
approval if they want to operate with deliveries.
 
 
 
 
The Sub-committee heard that the Applicant had a petition
from local workers
and local people in support of the application. The
Sub-committee heard that there was a demand in the area, and by
having the premises open later would ensure that they serve all of
their customers.
 
The Sub-committee heard submissions from the Applicant that
they have been operating as a business for the last 5 years and
that they offered a dispersal policy, reduced hours to 01:00, and
SIA door security until 15 minutes after the premises closes to
check and monitor the area. The Sub-committee heard that the SIA
door security will stop people from queuing and loitering outside
the premises. In addition the Applicant agreed not to allow any
more than 8 people at any one time to prevent queues in the narrow
and busy area.
 
The Sub-committee took into account that the Applicant
agreed to conditions for
no deliveries, and no dining after 23:00, that there will
be a minimum of 3 staff at the premises to ensure there was a quick
turnaround of customers. The Sub-committee took into account that
the Applicant agreed to end service 15 minutes before
closing  each day to prevent added
disturbance by having no extraction fan noise, and considering the
narrowness of the pavement.
 
The Sub-committee took into consideration that the reduced
hours Thursday to Saturday went a long way to alleviate concerns of
the Licensing Authority and the Police, and this would help the
Applicant demonstrate that they were a responsible operator. The
Sub-committee felt that the Applicant demonstrated that they were a
responsible operator because they had experience of operating other
premises in the London area. 
 
The Sub-committee after hearing from the Applicant and the
Licensing Authority were satisfied that the premises would not add
to the cumulative impact in the Shoreditch SPA. The Sub-committee
took into consideration the nature of the business that it was a
food led premises where no alcohol will be served.
 
The Sub-committee also took into consideration the
conditions agreed with the Responsible Authorities that would help
overcome any negative impact in the Shoreditch SPA. 
 
Having taken all of the above factors into consideration,
the Sub-committee were satisfied that by granting this variation to
the premises licence, that the licensing objectives would continue
to be promoted within the Shoreditch SPA.