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The Licensing Sub-Committee in considering this decision
from the information presented to it within the report and at the
hearing on 17 August 2023 has determined that having regard to the
promotion of all the licensing objectives:
 
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The prevention of crime and disorder;
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Public safety;
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Prevention of public nuisance; and
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The protection of children from harm,
 
The Licensing Sub-committee decided that the premises
licence for Dalston Corner, 1 Stoke Newington Road, London, N16 8BH
be approved in accordance with the Council’s Statement of
Licensing Policy and the proposed conditions set out in paragraph
8.1 of the published application report:
 
And the following additional conditions:
 

The front and rear of the premises for licensable
activities. 

 
· 
The Licence holder
will display signage prominently requesting
customers leave the proximity of the shop quickly
and quietly
respecting any local residents.
 
· 
The front of the
premises will be monitored at busy times after 18:00 to ensure
large groups of customers do not congregate at the busy junction
and potentially dangerous crossings which is a risk to public
safety.
 
· 
The garden area shall
not be used for licensable activities and there shall be regular
litter checks and collection of litter in the area.
 
· 
The Licensee shall
ensure that all staff are fully trained and made aware of the legal
requirement of businesses to comply with their duty of care as
regards the disposal of waste produced from the business premises.
During the hours of operation of the premises, the licence holder
shall ensure sufficient measures are  in
place to remove and prevent litter or waste arising or accumulating
from customers in the area immediately outside the premises, and
that this area shall be sweptand or washed, and litter and
sweepings collected and stored in accordance with the approved
refuse storage arrangements by close of business.
 
· 
No deliveries to the
premises shall take place between 23:00 and 08:00 on the following
day.
 
· 
The procedure for
handling and preparing for disposal of the waste shall be in
writing and displayed in a prominent place where it can be referred
to at all times by staff.
 
· 
The Licensee shall
ensure that any contract for general and recyclable waste disposal
shall be appropriate in size to the amount of waste produced by the
business. The Licensee shall maintain an adequate supply of waste
receptacles provided by his registered waste carrier (refuse sacks
or commercial waste bins) in order to ensure all refuse emanating
from the business is always presented for collection by his waste
carrier and shall not use any plain black or unidentifiable refuse
sacks or any other unidentifiable or unmarked waste
receptacles.
 
· 
In order to minimise
the amount of time any waste remains on the public highway in
readiness for collection, the Licensee will ensure the timeframe
within which it may expect its waste carrier to collect is adhered
to. The Licensee must ensure he/she complies with any orders or
notices served by the Council.
 
· 
The Licensee shall
erect a sign asking customers to refrain from littering the public
highway outside the premises and will also instruct members of
staff to make regular checks of the area immediately outside and
within 10 metres either side of the premises and remove any litter,
bottles and glasses emanating from the premises. A final check
should be made at close of business.
 
Reasons for the decision
 
The application has been approved because the Licensing
Sub-committee was satisfied that the licensing objectives would not
be undermined.
 
The Sub-committee took into consideration that there were
no objections from the Responsible Authorities and there were two
objections from Other Persons (local residents). The Sub-committee
took into consideration the concerns raised by the local
residents.
 
The Sub-committee took into consideration that the
Applicant's agent confirmed that the premises would put up signage
to advise local residents to leave quietly and they would monitor
the front entrance and ask people to move along and not build up
crowds at the busy junction and crossings.
 
The Sub-committee took into consideration that the Other
Persons (local residents) were not satisfied with the
representations made by the Applicants agent and the written
response that was provided by the Applicant they felt that it did
not address the issues. The Other Persons wanted conditions to
protect the back garden and areas where rubbish and litter could
build up. The Sub-committee noted it is a busy junction with two
sets of crossings, and the Other Persons had concerns about the
level of noise that could come from the premises. The Sub-committee
hopes that the Applicant will do everything to ensure there is no
noise breakout during operation of the premises.
 
The Sub-committee had concerns about where the premises
were permitted to put their rubbish and refuse out each week as
they were concerned about rubbish and litter being dumped at the
front of the premises which they wanted to prevent.
 
The Sub-committee noted that the hours of the premises were
compliant with the Councils off sales hours under Policy
LP4.
 
The Sub-committee took into consideration that the
Applicant agreed not to use the outside space for licensable
activity, and that they would manage the front with notices to tell
people to go quietly and not to disturb local residents in the
area.
 
The Sub-committee took into consideration that the premises
is a small off-licence and that the impact on the local area would
be low given that the premises closes at 23:00 and is not a late
night premises.
 
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 licensing objectives
would be upheld.
 
Public Informative
 
The Licence holder is recommended to keep an eye on the
front area of the premises, which is situated at a dangerous
crossing and a busy junction which together are a risk to public
safety.