Content

The decision
 
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:
 
 
Late Night Refreshment:
 
Friday - Sunday  23:00 -
01:00
 
 
The opening hours of the premises:
 
Monday - Thursday 10:00 - 23:00
 
Friday- Sunday 10:00 - 01:00
 
 
Amend condition 12 as follows:
 
"
12. An SIA (1) door supervisor shall be employed on Friday- Sunday
evenings from 21:00 until 30 minutes after the premises close. When
employed, all SIA staff shall wear a high visibility armband or
vest to be easily identifiable. They shall enter their name,
address, SIA number and times they begin and finish their shift in
a daily register. If employed by an agency all agency contact
details shall be recorded also".
 
And the following conditions to be added to the Licence:
:
 
· 
No deliveries shall be
permitted.
· 
No alcohol is
permitted to be consumed on the premises.
· 
No take away food or
food delivery is permitted.
· 
All food shall be
served on dining plates with cutlery and shall only be eaten on the
premises.
· 
No food containers or
plastic cutlery or other single use plastic  items are permitted to consume food on the
premises.
Reasons for the decision
 
The application for Late Night Refreshment 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 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 the
Applicant agreed most of their conditions, and the Police concerns
were overcome, however, they still objected to the late hours the
Applicant was seeking Friday - Sunday until 05:00.
 
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. 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 objections
raised by local residents that live close to the premises, the
anti-social behaviour that they believe will have a significant
impact on local residents, and that it will add to the cumulative
impact in the Dalston SPA.
 
The Sub-committee took into consideration the
Applicant’s representation that the premises is a restaurant
and not a take away and that it is a small premises with 5 tables
and 4 chairs with up to 20 seated customers at any one
time.
 
The Sub-committee felt on the evidence presented to them
that the premises will not add to the cumulative impact of the
Dalston SPA with the additional
conditions, and the reduced hours which will help the premises
operate responsibly.
 
The Sub-committee took into account that the conditions the
Applicant agreed to mean that there is no risk of bottles being
taken from the premises, no broken glass, no take away food
containers will be used which will prevent littering in the area,
and all food will be served on dining plates with cutlery on the
premises to seated customers because no take away food is permitted
at the premises.
 
The Sub-committee takes each application on its own merits
and they cannot take into account economic factors as exceptional
reasons to grant an application.
 
 
After hearing from the Applicant, and from the Metropolitan
Police Service, the Sub-committee was satisfied with the additional
conditions and the reduced hours that the Applicant agreed to would
mitigate any negative impact that granting the licence would have
on the Dalston SPA, and on the
potential for patrons to stay in the Dalston SPA area for longer.
 
The Sub-committee felt that the premises due to its size
and capacity would have less of a negative impact on the
Dalston SPA.
 
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.
 
Having taken all of the above factors into consideration,
the Licensing Sub-committee was satisfied, when granting this
application for Late Night Refreshment, that the Applicant had
offered adequate conditions, to justify them making an exception to
grant this licence within the Dalston
SPA.
 
Public Informative
 
The Applicant is encouraged to continue working with the
Metropolitan Police Service to prevent any negative impact in the
area.