Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: June 4, 2025

Purpose:

Content: The decision of 4th June 2025   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 to vary 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 for licensable activities, shall be, as agreed:   Live Music     Thursday  10:00 - 03:00 Friday  10:00 - 03:00 Saturday  10:00 - 03:00     Recorded Music     Thursday  10:00 - 03:00 Friday  10:00 - 03:00 Saturday  10:00 - 03:00     Performance of Dance     Thursday  10:00 - 03:00 Friday  10:00 - 03:00 Saturday  10:00 - 03:00     Late Night Refreshment     Thursday  23:00 - 03:00 Friday  23:00 - 03:00 Saturday  23:00 - 03:00     Supply of Alcohol (on sales)     Thursday  10:00 - 03:00 Friday  10:00 - 03:00 Saturday  10:00 - 03:00   Opening Hours of the premises   Monday  10:00 - 00:00 Tuesday  10:00 - 00:00 Wednesday  10:00 - 00:00 Thursday  10:00 - 03:30 Friday  10:00 - 03:30 Saturday  10:00 - 03:30 Sunday   10:00 - 01:00   The Environmental Enforcement Service conditions set out at paragraph 8.1 of the report was approved.     And the following additional conditions:     No windows and doors at the premises shall be open after 22:30     No drinks, alcohol or glasses permitted outside of the premises after 22:30.     No entry to or re-entry to the premises after 02:30 (Except those patrons who have temporarily left the premises to smoke).     No more than 10 smokers are permitted outside the premises at any one time.   Reasons for the decision   The application to vary this premises licence has been approved, as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined in the Shoreditch Special Policy Area (“Shoreditch SPA”).     The Sub-Committee took into consideration the Environmental Enforcement Service and the Licensing Authority made representations on the grounds of the prevention of public nuisance. The Sub-Committee noted that the Police withdrew their representation before the hearing after communication with the Premises Licence Holder. The Sub-Committee noted there were no objections from the other Responsible Authorities and no objections received from local residents.   The Sub-Committee  took into consideration that the Premises Licence Holder had agreed at the hearing to the conditions proposed by the Environmental Enforcement Service set out at paragraph 8.1 of the report.   The Sub-Committee took into account that the Licensing Authority made representations that the hours applied for by the Premises Licence Holder were outside of Core hours (Policy LP3).   The Sub-Committee heard the Premises Licence Holder’s representations that they would be providing more SIA door security outside and customers will come in and are expected to be seated inside the premises eating food and not outside adding to the cumulative impact.     The Sub-Committee took into account the Premises Licence Holder’s representations that customers will not take alcohol outside. The Premises Licence Holder made representations that they want to create a safe environment for customers. The capacity of the premises is about 50 seated customers. The premises has an upstairs storage area and downstairs will be the area for customers. The Premises Licence Holder made representations that their staff will be trained and they will be told when the waste collections will be made.     The Sub-Committee took into consideration the Licensing Authority’s representations that the premises is in the Shoreditch SPA and they had not seen any representations from the Premises Licence Holder as to how they will not add to the cumulative impact. The Licensing Authority had no issue with the Applicant, however, they had not shown how the additional hours will not impact the area.     The Sub-Committee took into consideration the Licensing Authority’s representations that they would welcome no glass and a last entry condition. However, they still have concerns because the premises are in the Shoreditch SPA, and are at risk of the licensing objectives being undermined due to the number of premises within the area, and the overall impact on the Shoreditch SPA.     The Sub-Committee felt that the Premises Licence Holder did not present a strong case as to how they would not add to the cumulative impact. However, the Premises Licence Holder had put in measures with the SIA door security, he was agreeable to suggestions, and he took into consideration the representations made by the Licensing Authority. The Sub-Committee took into account that the customers will be seated and not be outside the premises.     The Sub-Committee decided after hearing from the Premises Licence holder and the Licensing Authority to grant the extended hours until 03:00 with the premises closing at 03:30 on Thursday, Friday and Saturday. The Sub-Committee  felt that the above conditions addressed their concerns about the premises.     The Sub-Committee noted that the Licensing Authority maintained their objection on policy grounds subject to Policy LP10 in an area saturated with licensed premises.   6.1  The Licensing Sub-Committee heard from Hackney Council’s Principal Licensing Officer (acting).  This was an application to vary a premises licence under section 34 of the Licensing Act 2003.  The premises was located in Shoreditch Special Policy Area (SPA).   6.2  During the course of the meeting there was a discussion where a number of points were raised which included the following:   ·  It was noted that the Environmental Enforcement Responsible Authority officer sent apologies. ·  The Applicant noted the premises operated more as a sitdown sports lounge. ·  The Applicant proposed extra security and indicated that doors and windows were to be closed when the outside area closed at 10.30pm. ·  The Applicant indicated that no glassware was allowed outside the venue after 10.30pm. ·  The Applicant was open to suggestions from the sub-committee in support of the application. ·  The Applicant confirmed that he accepted all conditions proposed by Environmental Health. ·  The Chair noted that any proposed variation of the licence was not to add to the cumulative impact in the area. ·  The Applicant noted that the availability of food to be eaten in the premises was proposed with customers sitting down at tables which reduced the potential disturbance caused by people eating takeaways on local streets. ·  The Applicant noted additional security was proposed during the later licensed hours of operation. ·  The Applicant estimated 40 - 50 people during the extended hours with seating at the bar, table and on a sofa. ·  The Licensing Authority Responsible Authority representations related to the premises location with the SPA. ·  The Licensing Authority noted that the Applicant had not demonstrated to date how licensed activities to later hours did not add to cumulative impact. ·  The Licensing Authority noted that they had not had reason to take up any issues or complaints with the Applicant since they had operated the licence. ·  The premises were located on the edge of the SPA. ·  The Applicant indicated it was proposed to have a minimum of two Security Industry Authority (SIA) personnel during extended hours. ·  The Applicant accepted a proposed no new entry condition after 2.30am. ·  The Applicant proposed that smokers were managed in the outside area with a maximum of 10 smokers allowed at any one time. ·  The Applicant was content for the inclusion of a no alcohol outside after 10.30pm condition. ·  The Applicant agreed to a proposed condition that windows and doors were kept closed after 10.30pm. ·  The Licensing Authority welcomed the proposed conditions, however, noted the proposed additional hours remained a concern. ·  The Applicant was content to consider proposals for reduced licenced hours to 3.00am. ·  The Applicant indicated they were able to comply with waste collection and disposal requirements.   6.3  In closing remarks the following was noted:   ·  The Licensing Authority welcomed the proposed conditions offered. The general concerns related to more premises which operated later in the SPA remained a consideration.   The Decision:   The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing on 1 May 2025 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 and the proposed conditions set out in paragraph 8.1 of the report.   ? The hours for licensable activities, shall be, as agreed:   Live Music Thursday 10:00 - 03:00 Friday 10:00 - 03:00 Saturday 10:00 - 03:00   Recorded Music Thursday 10:00 - 03:00 Friday 10:00 - 03:00 Saturday 10:00 - 03:00   Performance of Dance Thursday 10:00 - 03:00 Friday 10:00 - 03:00 Saturday 10:00 - 03:00   Late Night Refreshment Thursday 23:00 - 03:00 Friday 23:00 - 03:00 Saturday 23:00 - 03:00   Supply of Alcohol (on sales) Thursday 10:00 - 03:00 Friday 10:00 - 03:00 Saturday 10:00 - 03:00   Opening Hours of the premises Monday 10:00 - 00:00 Tuesday 10:00 - 00:00 Wednesday 10:00 - 00:00 Thursday 10:00 - 03:30 Friday 10:00 - 03:30 Saturday 10:00 - 03:30 Sunday 10:00 - 01:00   The Environmental Enforcement Service conditions set out at paragraph 8.1 of the report was approved.   And the following additional conditions:   ·  No windows and doors at the premises shall be open after 22:30   ·  No drinks, alcohol or glasses permitted outside of the premises after 22:30.   ·  No entry to or re-entry to the premises after 02:30 by members of the public or guests of friends of members of staff or the premises licence holder (Except those patrons who have temporarily left the premises to smoke).   ·  No more than 10 smokers are permitted outside the premises at any one time.   Reasons for the decision   The application to vary this premises licence has been approved, as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined in the Shoreditch Special Policy Area (“Shoreditch SPA”).   The Sub-Committee took into consideration the Environmental Enforcement Service and the Licensing Authority made representations on the grounds of the prevention of public nuisance. The Sub-Committee noted that the Police withdrew their representation before the hearing after communication with the Premises Licence Holder. The Sub-Committee noted there were no objections from the other Responsible Authorities and no objections received from local residents.   The Sub-Committee took into consideration that the Premises Licence Holder had agreed at the hearing to the conditions proposed by the Environmental Enforcement Service set out at paragraph 8.1 of the report.   The Sub-Committee took into account that the Licensing Authority made representations that the hours applied for by the Premises Licence Holder were outside of Core hours (Policy LP3).   The Sub-Committee heard the Premises Licence Holder’s representations that they would be providing more SIA door security outside and customers will come in and are expected to be seated inside the premises eating food and not outside adding to the cumulative impact.   The Sub-Committee took into account the Premises Licence Holder’s representations that customers will not take alcohol outside and they will not permit customers who are drunk. The Premises Licence Holder made representations that they want to create a safe environment for customers. The capacity of the premises is about 50 seated customers. The premises has an upstairs storage area and downstairs will be the main area for customers to be seated at tables, the bar and sofa areas. The Premises Licence Holder made representations that their staff will be trained and they will be told when the waste collections will be made.   The Sub-Committee took into consideration the Licensing Authority’s representations that the premises is in the Shoreditch SPA and they had not seen any representations from the Premises Licence Holder as to how they will not add to the cumulative impact. The Licensing Authority had no issue with the Applicant, however, they had not shown how the additional hours will not impact the area.   The Sub-Committee noted that the premises are on the edge of the Shoreditch SPA and not in the heart of the Special Policy Area. However, the issue of curative impact was still a concern as the premises could impact local residents that live near the premises. The Premises Licence Holder did not present amended conditions to mitigate the impact.   The Sub-Committee took into consideration the Licensing Authority’s representations that they would welcome no glass and no last entry conditions to be added to the premises license. However, they still have concerns because the premises are in the Shoreditch SPA and are at risk of the licensing objectives being undermined due to the number of premises within the area and the overall impact on the Shoreditch SPA.   The Sub-Committee felt that the Premises Licence Holder did not present a strong case as to how they would not add to the cumulative impact. However, the Premises Licence Holder had put in measures with the SIA door security and he was agreeable to suggestions, and taking into consideration the representations made by the Licensing Authority. The Sub-Committee took into account that the customers will be seated and not be outside the premises which will prevent public nuisance.   The Sub-Committee decided after hearing from the Premises Licence holder and the Licensing Authority to grant the extended hours until 03:00 with the premises closing at 03:30 on Thursday, Friday and Saturday. The Sub- Committee felt that the above conditions addressed their concerns about the premises.   The Sub-Committee noted that the Licensing Authority maintained their objection on policy grounds subject to Policy LP10 in an area saturated with licensed premises.   Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting this variation of the premises licence, the licensing objectives would continue to be promoted in the Shoreditch SPA.   Your right to appeal   If you are aggrieved by any term, condition or restriction attached to this decision, you have the right to appeal to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days of the date you receive this written decision.   You can also contact the court by email: northlondonmc@justice.gov.uk