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The Sub-Committee carefully considered
the Licensing Act 2003, the Secretary of State’s Guidance
(2022) and the Waltham Forest’s Statement of Licensing
Policy (2022)
 
The Sub-Committee carefully considered that environmental
health and the licensing enforcement team were satisfied with
the conditions as proposed, and that both
responsible authorities are the Committee’s experts in
their respective field: Guidance §9.12. This was a matter
on which the Sub-Committee placed great weight.
 
Given the measures proposed for the
variation inside of the Premises, which were
acceptable to the responsible authorities, the
Sub-Committee grants the extension of operating
hours as requested.
 
The Sub-Committee had significant reservations regarding
the outside of the Premises, ie. the beer garden, and this application
was refused, essentially because the applicant had not
provided sufficient details showing how it would operate with due
regard for the licensing objectives.   
 
In terms of the outside smoking area to the front of the
premises, the Sub-Committee considered that
the application should be granted. In terms of noise, it
noted that the area was next to a busy thoroughfare and in the
vicinity of an existing trainline. It was not considered that,
properly managed, the licensing objectives would require
the refusal of this part of the application.
 
Oak Processionary Moths: public safety
The Committee carefully considered the matters
raised regarding Oak Processionary Moths (“OPM”).
The Committee noted that the licensing objective
concerned public safety, not public health
(Guidance, §2.7). It was nonetheless satisfied that the
presence of OPM on the site (which the applicant did not
deny) clearly posed problems in terms of public safety.
The Committee considered the well-supported sources provided
by the representative party on this point. The applicant
did not provide detail on how it would deal with the OPM
infestation, even though as a licence holder the obligation
to promote the licensing objectives (including public safety)
falls on them and not the landlord.