Decision Maker: Licensing Sub Committee D

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 9, 2025

Purpose:

Content: RESOLVED:   The 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   Late Night Refreshment   Thursday    23:00 - 01:30 Friday    23:00 - 02:00 Saturday    23:00 - 02:00   Opening hours   Monday    12:00 - 23:00 Tuesday.    12:00 - 23:00 Wednesday    12:00 - 23:00 Thursday    12:00 - 01:30 Friday    12:00 - 02:00 Saturday    12:00 - 02:00 Sunday    12:00 - 23:00     And the following conditions will be added to the premises licence:   ·  All windows and doors closed except for access and egress.   ·  The outdoor seating area will close at 23:00.    ·  Only take away will be permitted after 01:30 until closing.   ·  The Premises Licence Holder shall direct staff to clear litter in the street regularly throughout any trading day with a final clean up after the closing to 10 meters in any direction from the premises.   ·  Home deliveries will cease at 00:00.   ·  There shall be at least 1 SIA Door Security on Friday and Saturday from 22:30 to at least 30 minutes after the premises closes to manage dispersal from the premises.   ·  The Premises Licence Holder will clear litter within a 10-meter radius of the premises with a final cleanup after closing.   ·  The Premises Licence Holder will provide a Dispersal Policy to the Licensing Authority.   ·  The Premises Licence Holder will provide a Delivery Management Plan to the Police and the Licensing Authority.   ·  The Premises Licence Holder shall organise and publicise a meeting (online and/or in person) for local residents to discuss the operation of the premises at least every 6 months and the premises email address shall be on display in the shop window.   ·  The Premises Licence Holder shall maintain a dedicated contact telephone number and email address that must be available at all times. These contact details shall be included on any website of the premises and on display at the premises.   ·  The Premises Licence Holder shall ensure that all 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.   ·  The Premises Licence Holder 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 Premises Licence Holder 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. ·  The Premises Licence Holder 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.   ·  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 Dirty Donny’s LTD. 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   ·  An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Hackney Borough Council or the Police, which will record the following: all crimes reported to the venue any complaints received any incidents of disorder any faults in the CCTV system any refusal of the sale of alcohol any visit by a relevant authority or emergency service.   ·  No alcohol to be consumed on the premises.   Reasons for the decision   The application for a premises licence for late night refreshment has been approved as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.    The Sub-Committee took into consideration the Licensing Authority made representations, and there were 7 objections from Other Persons (local residents). The Sub-Committee took into account that the Applicant agreed to the conditions proposed by the Police and the Environmental Enforcement Authority before the hearing.   The Sub-Committee took into consideration representations from a local resident that the main issue was the smell when the premises close at 10 pm. The local resident did not previously have a problem with noise because 10 pm was a good time for them to close and there was no impact on local residents.   The Sub-Committee heard representations from the local resident that they cannot use the courtyard or open their windows. The local resident made representations that they felt aggrieved by the impact they were experiencing from the current operation of the premises. In addition the Applicant was not approachable and did not try to resolve the issues with the local residents. The local resident had concerns that if the application was granted that their sleep and ventilation issues would get worse. The local resident said that they had made a number of complaints to the Council. They now have to move as they cannot use the courtyard which was the purpose for purchasing their property.   The Sub-Committee heard representations from the Applicant’s Agent that there will be no regulated entertainment and that any previous DJ led music was for the opening of the premises. There will be no sale of alcohol and the off sales are to sell food for home delivery. The Applicant is making enquiries regarding Planning Permission. The Applicant received no emails from local residents or complaints until they contacted the Council about the extractor fan. The Applicant made representations that a third less meat will be cooked on the premises going forward which will reduce the cooking fumes.   The Sub-Committee noted that the Applicant was planning to install new panels, and that the premises are used as a Safer Space Area.  The premises offer drinks to victims until they receive assistance from the Police and Responsible Authorities.   The Sub-Committee felt the conditions that will be added to the premises licence will help the premises operate more responsibly, and take into consideration the impact on the local residents and the area.   The Sub-Committee considered the objections, and after hearing the representations from the parties decided that the application would not undermine the licensing objectives and would not add to the cumulative impact.   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.   Public Informative   1. The Premises Licence Holder is advised that any music played should not exceed background levels.   2. The Premises Licence Holder is strongly encouraged to ensure the extractor fan is working properly, not leaking fumes into buildings, and to work directly with the Environmental Protection Team to address resident concerns.   3. The Premises Licence Holder is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.   4. It also should be noted for the public record that the Local Planning Authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.   5. The Premises Licence Holder is encouraged to engage in meaningful dialogue with the local residents to resolve any issues relating to the premises, and for the Premises Licence holder to play their part in reducing any impacts of noise emanating from the premises.   6. The Premises Licence Holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers, and recyclable disposable materials to avoid using single-use plastic disposable items.   7. The Premises Licence Holder is encouraged to join the Hackney Nights Scheme and become an Accredited SafeSpace and to undertake the training provided.