APPLICATION TO VARY THE PREMISES LICENCE : Skylarking Cafe, Ground Floor 52 Boleyn Road, N16 8JP

REPORT OF THE DIRECTOR OF LEGAL, HR AND REGULATORY SERVICES

LICENSING SUB-COMMITTEE:  04/02/2016
Classification
DECISION
Enclosure
APPLICATION TO VARY THE PREMISES LICENCE :  Skylarking Cafe,  Ground Floor 52 Boleyn Road, N16 8JP
Ward(s) affected
Dalston
1. SUMMARY Applicant(s)  Bradbury Street Ltd
In SPA  Not Applicable
Date of Application  10 December 2015
Period of Application Permanent
Proposed variation: To add off sales of alcohol to complement takeaway food
Proposed hours for licensable activity Not Applicable   Current activities/hours:
Supply of Alcohol
Standard Hours: Mon 12:00-22:30 Tue  12:00-22:30 Wed 12:00-22:30 Thu  12:00-22:30 Fri    12:00-22:30 Sat   12:00-22:30 Sun  12:00-22:30
The opening hours of the premises   Standard Hours: Mon 08:00-23:00 Tue  08:00-23:00 Wed 08:00-23:00 Thu  08:00-23:00 Fri    08:00-23:00 Sat   09:00-23:00 Sun  10:00-23:00

Capacity: not known Policies Applicable LP1 ( Planning), LP3 (Operating Schedule), LP4 (Crime and Disorder), LP5 (Public Nuisance), LP6 (Protection of Children from Harm) and LP8 (Public Safety)  List of Appendices A –  Application for variation of premises licence and             supporting documents  B –  Representations from responsible authorities C –  Representations from ‘other persons’ D –  Location map  Relevant Representations • Planning Authority • Police • Licensing Authority  • Other Persons          2. APPLICATION
2.1 Bradbury Street Ltd  has made an application vary their premises licence under the Licensing Act 2003: • To add supply of alcohol for consumption off the premises
2.2 The application is attached as Appendix A. The applicant has not proposed additional measures to address the licensing objectives.   3. CURRENT STATUS / HISTORY   3.1 The premises is located in a residential area near to the Dalston SPA .The current premises licence was granted by Licensing Sub-Committee on   8 October 2015, with the hours described in para 1 and subject to the following non mandatory conditions:
Conditions consistent with the 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 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 Police or authorised officer throughout the preceding 31-day period.
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.  There shall be “CCTV in Operation” signs prominently displayed.

4.  Signs will be prominently displayed at all entrance and exit points reminding customers to leave quietly and respect local residents.
5.  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 driving licence or passport.
6.  Intoxicating liquor shall not be sold, supplied or consumed otherwise than to persons who are taking a substantial meal from the menu and that the consumption of intoxicating  liquor by such persons in ancillary to taking such meals. The supply of alcohol will be by waiter/waitress service only.
7.  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 or searching equipment or scanning equipment. g. Any refusal of the sale of alcohol. h. Any visit by a relevant authority or emergency service.
8.  Premises to operate zero tolerance policy to drugs and comply with Hackney Police Drugs, Weapons and Theft policy where appropriate.
9.  All instances of crime and disorder to be reported by the Designated Premises Supervisor or responsible member of staff to an agreed police contact point, as agreed with the police.
10.  All staff receive training on the legislation relating to the sales of alcohol to underage persons and drunken persons.
11.  The Licensee 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 is can be referred to at all times by staff.
12.  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 its 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 its waste carrier and shall not use any plain black or unidentifiable refuse sacks or any other unidentifiable or unmarked waste receptacles.

13.  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.
14.  The Licensee shall instruct member 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.
15.  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.
Conditions attached after a hearing by the licensing authority
16. A maximum capacity of 40 patrons at any one time.
17.  Any music played at the venue shall be at a background level only, so as to allow a face to face conversation at normal speech level.
3.2 Below TEN have been submitted in respect of the above premises in the last twelve months.
Date of Event(s)     Time     11/07/2015   12.00-23.00
4. REPRESENTATIONS: RESPONSIBLE AUTHORITIES
From Details Environmental  Health Authority (Pollution)   Have confirmed no representation on this application Environmental  Health Authority (Environmental Enforcement)  No representation received Environmental Health Authority (Health & Safety) Have confirmed no representation on this application Weights and Measures (Trading Standards) No representation received Planning Authority  Representation received on the grounds of the prevention of public nuisance & LP1 (Planning) Area Child Protection Officer  No representation received
Fire Authority
No representation received
Police
Representation received on the grounds of The Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and proposed condition (see para 8.1 below)

Licensing Authority
Representation received on the grounds of the prevention of public nuisance
Health Authority
No representation received
5. REPRESENTATIONS: OTHER PERSONS Representation received from and on behalf of local residents. Appendices (C1C2) Representation received on the grounds of The Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and The Protection of Children from Harm.
6. GUIDANCE CONSIDERATIONS
6.1 The Licensing Authority is required to have regard to any guidance issued by the Secretary of State under the Licensing Act 2003.
7. POLICY CONSIDERATIONS
7.1 Licensing Sub-Committee is required to have regard to the London Borough of Hackney’s Statement of Licensing Policy (“the Policy”) adopted by the Licensing Authority.
7.2 The Policy applies to applications where relevant representations have been made. With regard to this application, policies LP1 Planning, LP3 (Operating Schedule), LP4 (Crime and Disorder), LP5 (Public Nuisance), LP6 (Protection of Children from Harm) and LP8 (Public Safety) are relevant.
8. OFFICER OBSERVATIONS
8.1 If the Sub-Committee is minded to approve the application, the following additional condition should be applied the licence:
1)Intoxicating liquor shall not be sold, supplied or consumed otherwise than to persons who are taking a substantial meal from the menu and that the consumption of intoxicating liquor by such persons in ancillary to taking such meals. On sales of alcohol will be by waiter/waitress service only.
9. REASONS FOR OFFICER OBSERVATIONS
9.1 Additional condition above has been proposed by Police.
10. LEGAL COMMENTS
10.1 The Council has a duty as a Licensing Authority under the Licensing Act 2003 to carry out its functions with a view to promoting the following 4 licensing objectives; • The Prevention of Crime and Disorder • Public Safety • Prevention of Public Nuisance • The Protection of Children from Harm


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