Decision Maker: Licensing Sub Committee D

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: November 4, 2025

Purpose:

Content: RESOLVED:   Application to Vary a Premises Licence – Yum Yum Thai Restaurant, 183-187 Stoke Newington High Street- APPROVAL   The decision of 4th November 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:   Live Music Ground Floor   Monday to Sunday 11:00 - 00:00   Live Music Basement   Friday - Saturday  18:00 - 02:00   Non-standard Hours Valentine’s Day, Christmas Eve and New Year’s Eve until 02:00 the day following.   Recorded Music Ground Floor   Monday to Sunday 11:00 - 00:00   Recorded Music Basement   Friday - Saturday  18:00 - 02:00   Non-standard Hours Valentine’s Day, Christmas Eve and New Year’s Eve until 02:00 the day following.   Late Night Refreshment Basement   Friday - Saturday  23:00 - 02:00   Non-standard Hours Valentine’s Day, Christmas Eve and New Year’s Eve until 02:00 the day following.   Supply of Alcohol - Ground Floor (On-sales)   Monday to Sunday 12:00 - 00:00   Supply of Alcohol Basement (On-sales)   Friday - Saturday  18:00 - 02:00   Non-standard Hours Valentine’s Day, Christmas Eve and New Year’s Eve until 02:00 the day following.   Opening Hours - Ground Floor   Monday to Sunday 11:00 - 00:00   Opening Hours - Basement   Sunday - Thursday  18:00 - 01:00 Friday - Saturday  18:00 - 02:00   Non-standard Hours Valentine’s Day, Christmas Eve and New Year’s Eve until 02:00 the day following   And the following conditions to be added to the premises licence:   ·  Patrons shall use the side entrance after midnight (00:00) to exit the premises on Wilmer Place.   ·  No more than 7 patrons will be permitted to smoke outside the premises at any one time. No drinks are permitted to be taken outside. The smoking area shall not be used after 01:30. This number will be monitored by a member of staff.   ·  The Premises Licence holder shall maintain a dedicated contact telephone number and email address that must be available at all times to any person wishing to report concerns or make a complaint. These contact details shall be included on any website of the premises and on display at the premises.     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.   The Sub-Committee took into consideration the Licensing Authority made representations on the grounds of the prevention of public nuisance.   The Sub-Committee noted that the Police and the Environmental Enforcement Service withdrew their representations after agreeing conditions with the Premises Licence Holder. The Sub-Committee noted there was no representation received from the Environmental Protection Service and there was one Other Person (a local resident) who made representations. It was noted that no other responsible authorities made representations.   The Sub-Committee took into consideration the Licensing Authority’s representations and their proposal that 2 am would be more reasonable given the potential public nuisance. The Sub-Committee hopes that by using the side entrance this will prevent public nuisance. The Sub-Committee also noted the Licensing Authority’s representations about the need to ensure there was no noise nuisance in Wilmer Place.   The Sub-Committee heard representations from the local resident that they could not sleep at night and they submitted recent videos taken in the last week to show the extent of the noise, and the disturbance that they experienced late at night. The local resident made representations that the sound stays in the courtyard, and they live in close proximity to the premises.   The Sub-Committee took into consideration the representations of the Premises Licence Holder and their representative that the Premises Licence Holder is freehold owner of the building where local residents live. Also, the Premises Licence Holder lives in the building and has good communication with other local residents that live there. The Premises Licence Holder made representations that they complied with the legal requirements to notify the public about the application.   The Sub-Committee heard that the Premises Licence Holder has carried out all the noise works within 48 hours of the acoustic report being issued, and there are currently no outstanding works. The Premises Licence Holder confirmed they are happy for the Environmental Protection Service to come and test the works that have been carried out.   The Premises Licence Holder made representations that dispersal of 10 patrons at a time, and letting people out by the side exit of the premises will mitigate the noise nuisance.   The Sub-Committee noted the Premises Licence Holder made representations that there was no breach of the conditions as alleged by the local resident because the Premises Licence Holder had given temporary events on the dates of the alleged noise nuisance.   The Sub-Committee took into consideration that the Premises Licence Holder provided a Dispersal Plan, the number of smokers, and a noise report about the works that they intended to carry out to prevent public nuisance. The Premises Licence Holder made representations that they do not allow more than seven people to smoke outside at one time. It was noted that smokers cannot take drinks outside. The Premises Licence Holder confirmed that they have put new seals on the windows to prevent noise nuisance. Also the premises are recording any noise complaints received.   The Sub-Committee were concerned about local residents being affected by the late night opening. The Sub-Committee felt after considering all the representations that they could not extend the hours in the basement to 03:00 on Fridays and Saturdays and they needed to consider the impact on the area. The residential properties are close to the premises and local residents will be disturbed.   The Sub-Committee felt that the video evidence from the local resident was compelling and showed the extent of noise that the local resident experienced late at night from the premises.   The Sub-Committee felt in terms of public nuisance there were concerns with the hours after midnight that adds to the potential disturbance to local residents. Therefore, the Sub-Committee felt it was more reasonable to reduce the hours on Fridays and Saturdays in the basement to 02:00.   The Sub-Committee took into consideration that these are private events in the basement that are booked in advance by patrons. The nature of the events gave some assurances of the operation of the premises, and the potential impact on local residents. The Sub-Committee noted that the premises is not a club with members of the public walking in off the street.   The Sub-Committee took into consideration when making their decision that the Premises Licence Holder has outlined mitigating factors that will prevent noise nuisance. However, the Licensing Sub- Committee felt that 03:00 on Fridays and Saturdays is too late to be operating in close proximity to a residential area. The Sub-Committee was not persuaded that there would be no disturbance at that time of night.   The Sub-Committee were also concerned that the noise works were only recently done. The Sub-Committee were concerned about how effective the noise works would be in preventing public nuisance in the future. The Sub-Committee felt it was necessary for the works to be tested by the Environmental Protection Service, and to ensure that the sound limiter is operating correctly.   The Sub-Committee felt that it was necessary for the Premises Licence Holder to engage in regular communication with the local residents to ensure that they were not being disturbed and to resolve any issues arising.   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 be promoted.   Public Informative 1.  The Premises Licence Holder is advised to arrange with the Environmental Protection Service to inspect and test the recent sound proofing works.   2.  The Premises Licence Holder is encouraged to work with local residents and be proactive with resident engagement to prevent any public nuisance or negative impact in the area.   3.  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.