Decision

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing 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 for 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.

The hours of licensable activity were approved as set out in the report with the following amendment:

Late Night Refreshment

Monday    23:00-05:00

Tuesday    23:00-05:00 

Wednesday  23:00-05:00

Thursday  23:00-05:00

Friday  23:00-05:00

Saturday  23:00-05:00

Sunday  23:00-05:00

And add the following condition to the premises licence:

1. No supply of alcohol may be made under the premises licence:

(a) At a time when there is no designated premises supervisor in respect  of the premises licence.

(b) At a time when the designated premises supervisor does not hold a  personal licence or his personal licence is suspended.

1. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
2. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises:

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

 (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

1. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
2. 5.1. The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sales or supply of alcohol.
3. 2 The designated premises supervisor in relation to the premises licences must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
4. 3. The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before
5. The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either:-

 A. a holographic mark or

 B. An ultraviolet feature.

1. The responsible person shall ensure that:

 a. where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures:

 • beer or cider:1/2 pint;

 • gin, rum, vodka or whisky: 25ml or 35ml; and

 • still wine in a glass: 125ml; and

 b. these measures are displayed in a menu, price list or other  printed material which is available to customers on the premises; and

 c. where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

Minimum Drinks Pricing

1. 7.1 A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. 2 For the purposes of the condition set out in paragraph 7.1 above -

 (a) “duty” is to be construed in accordance with the Alcoholic

 Liquor Duties Act 1979;

 (b) “permitted price” is the price found by applying the formula - P =

 D+(DxV) Where -

 (i) P is the permitted price,

 (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

 (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -

 (i) the holder of the premises licence,

 (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

 (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 (e) “value added tax” means value added tax charged in accordance with the

Value Added Tax Act 1994.

1. 3 Where the permitted price given by Paragraph 8.2(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub- paragraph rounded up to the nearest penny.
2. 4 (1) Sub-paragraph 7.4(2) below applies where the permitted price given by Paragraph 7.2(b) above on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty on value added tax.

2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 Door Supervision

1. Each individual who is to carry out a security activity at the premises must be licensed by the Security Industry Authority.

Conditions derived from operating schedule:

1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. All public areas and each entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of a Police or authorised officer.
2. There shall be a staff member from the premises who is conversant with the operation of the CCTV system on the premises at all times when the premises are open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage when requested.
3. Premises to operate zero tolerance policy to drugs and comply with Hackney Police Drugs and Weapons policy where appropriate.
4. An incident log shall be kept at the premises, and made available on request to an authorised officer of the council or the police, which will record the following.

 a. All crimes reported:

 b. All ejections of patrons

 c. Any complaints received.

 d. Any incidents of disorder.

 e. Seizure of drugs or offensive weapons.

 f. Any faults in the CCTV system.

 g. Any visit by a relevant authority or emergency service.

1. There shall be no glass, or drinks in open containers taken outside of the premises at any time.
2. Clear prominent and legible signs should be erected asking customers to leave the area quietly; advising that CCTV system is operating and that police have unfettered access to it; and that management retain the right to search customers before permitting entry.
3. A written dispersal policy will be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to the neighbours.
4. No entry to the premises between 00:00 and 06:00 otherwise to hotel residents and their bone fide guests.
5. No unaccompanied children allowed on the premises.
6. No children allowed inside the premises between 20:00 and 06:00. 
7. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards such as a driving licence or passport.
8. Whilst the hotel's public areas are open there shall be at least 1(one) SIA on duty from 19:00 to close of public hours on the same day on Thursdays to Saturdays each week and public bank holidays . At all other times, SIA door supervisors shall be employed on an operational risk assessment basis. All door supervisors shall enter their full details in the premises daily register, or similar at the commencement of their duty. They shall record their full name, home address and contact telephone number, their SIA registration number and the time they commence and conclude working. If the door supervisor was provided by an agency its name, registered business address and contact telephone number shall also be recorded. This register shall be made available to a police officer or other authorised officers upon request.
9. All staff involved in the sale of alcohol shall receive training on the legislation relating to the sale of alcohol to underage persons and drunken persons and shall have refresher training every 12 months. There shall be written records of such training which should be kept on the premises and made available to police or other authorised officers upon request.
10. The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacle being carefully placed so as not to cause an obstruction or trip.
11. The number of people that will be using the designated smoking area (main hotel entrance on Great Eastern Street) is limited to 8 people at any one time and shall be monitored by staff.

Conditions derived from Responsible Authorities representations:

1. The Licensee shall ensure that all relevant staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. 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.
2. 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.
3. The Licensee’s premises are situated in an area within which refuse may only be left on the public highway at certain times (time bands). If the Licensee’s waste carrier cannot or does not comply by collecting the refuse within an hour after the close of any time band imposed by the waste authority, the Licensee must remove the refuse from the public highway and/or keep it within the premises until such time as his/her waste carrier arrives to collect the refuse.
4. The Licensee shall instruct members of staff to make regular checks of the area immediately outside the premises and remove any litter, bottles and glasses emanating from the premises. A final check should be made at close of business.
5. The current trade waste agreement/duty of care waste transfer document shall be conspicuously displayed and maintained in the window of the premises where it can be conveniently seen and read by persons standing in The Hart Hotel Shoreditch Restaurant and Wine Bar. This should remain unobstructed at all times and should clearly Identify:

·  the name of the registered waste carrier

·  the date of commencement of trade waste contract

·  the date of expiry of trade waste contract

·  the days and times of collection

·  the type of waste including the European Waste Code

Reasons for the decision

The application for a premises licence has been approved as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined. 

The Sub-Committee carefully considered the representation made at the hearing from 1 Other Person, Shoreditch Residents Association representing  local residents in their area. They made a representation objecting to the application on the grounds of the four licensing objectives, and objected to extension of hours until 02:00. The Shoreditch Residents Association made representations that Leonard Street was very busy, and is subjected to  anti-social behaviour issues and public nuisance. Shoreditch Residents Association was concerned and felt 120 people late at night is a great deal that will have an impact on the residential area.

The Sub-Committee noted that the Environmental Protection Service and the Licensing Authority had agreed conditions with the Applicant and withdrew their representations in advance of the hearing. No other Responsible Authorities made representations against the application.

The Sub-Committee heard representations from the Applicant that the premises has an existing premises licence granted in 2019.

The Sub-Committee noted that the Applicant had invested in the premises and it was a well thought through restaurant that will have 120 covers and it is a food led premises that the Applicant planned to open until 02:00 with a  small lounge that will be open until 01:00.

The Sub-Committee took into consideration that the premises will have SIA door staff, and all staff will be trained. The Sub-Committee took into account that the last entry to the premises is at 12 midnight and bookings will be carefully managed. The Sub-Committee noted that the premises have planning permission until 2 am.

The Sub-Committee felt that the Applicant mitigated the concerns raised, they were a good operator, the application will not add to the cumulative impact in the area. The Sub-Committee noted that the Applicant tried to resolve the objection from the Residents Association but there was no response.

Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting the premises licence the licensing objectives would not be undermined.