Hackney License Primary School Playground for Alcohol sales !
Hackney Councillors took the decision against the wishes of the Health Authority, Who cited the need to protect children from alcohol harm a key licensing principle and yet this application was still approved.
Mystery surrounds the thinking of the councillors involved but it would seem nothing is out of bounds for alcohol use including primary school playgrounds
The Full Decision Below:
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 to in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:
The hours for licensable activities, shall be, as agreed:
Plays
Thursday 11:00 – 22:00
Friday 11:00 – 22:00
Saturday 11:00 – 22:00
Sunday 11:00 – 22:00
Films
Thursday 11:00 – 22:00
Friday 11:00 – 22:00
Saturday 11:00 – 22:00
Sunday 11:00 – 22:00
Indoor Sporting Events
Thursday 11:00 – 22:00
Friday 11:00 – 22:00
Saturday 11:00 – 22:00
Sunday 11:00 – 22:00
Live Music
Thursday 11:00 – 20:00
Friday 11:00 – 20:00
Saturday 11:00 – 20:00
Sunday 11:00 – 20:00
Recorded Music
Thursday 11:00 – 22:00
Friday 11:00 – 22:00
Saturday 11:00 – 22:00
Sunday 11:00 – 21:30
Performance of Dance
Thursday 11:00 – 22:00
Friday 11:00 – 22:00
Saturday 11:00 – 22:00
Sunday 11:00 – 22:00
Supply of Alcohol (On the premises)
Thursday 11:00 – 21:45
Friday 11:00 – 21:45
Saturday 11:00 – 21:45
Sunday 11:00 – 18:30
Supply of Alcohol (Off the premises)
Thursday 11:00 – 17:00
Friday 11:00 – 17:00
Saturday 11:00 – 17:00
Sunday 11:00 – 17:00
Opening Hours of the premises
Thursday 11:00 – 22:00
Friday 11:00 – 22:00
Saturday 11:00 – 22:00
Sunday 11:00 – 22:00
And the following conditions agreed by the Applicant and the Responsible Authorities will be added to the premises licence:
- The premises shall operate from Thursdays to Sundays only.
- Off-sales of alcohol shall take place on Thursday, Friday, Saturday and Sunday from 11:00-1700 hours.
- Consecutive number of days for private events is 2 and not on consecutive weekends.
- Live amplified music is limited to 11:00 and 2000 hours on Thursday, Friday, Saturday and Sunday.
- Acoustic consultants to monitor any ticketed or private events and submit results to the Environmental Protection Team.
- There shall be a minimum of 2 SIA security guards and an events manager during ticketed or private events.
- No music or amplified sound shall be generated within the premises so as to give rise to nuisance within neighbouring dwellings.
- The premises licence holder shall ensure that on leaving the premises, customers will not be permitted to loiter or congregate outside of the premises.
- Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and leave quietly.
10.Remove Monday to Wednesday from the application.
11.On Thursdays during the school term no more than 3 private events shall take place every 3 months.
12.Later hours remain, however, shall be restricted to private events on Saturdays or on Fridays out of School Term Time.
13.Later hours events shall operate no later than 19:00 on Sundays.
14.No more than 15 Private events shall operate per year until 22:00 and all other private events shall operate until 20:00.
15.There shall be no more than 300 persons on the premises at any one time.
16.The Premises Licence holder shall maintain a dedicated contact telephone number and email address that must be available at all times to all local residents, the Environmental Health Officers, the Licensing Authority, the Police, and any responsible authority or any person wishing to make a complaint. These contact details shall be included on the website of the premises, and on display at the premises, which can be used to report concerns or complaints about the premises to a duty manager, a responsible person or a member of the management team at the premises as and when they occur.
17.The Premises Licence holder shall hold and publicise 2 liaison meetings each year (at least every 6 months) with local residents to address any concerns or complaints about the premises from local residents. The frequency of the meetings may be varied by agreement between the Premises Licence holder and local residents.
Reasons for the decision
The application for a 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 that the Responsible Authorities (the Environmental Protection Team, the Metropolitan Police Service (“the Police”), and the Licensing Authority made representations on the grounds of crime and disorder and prevention of public nuisance. However, the Applicant agreed 11 conditions with the Environmental Protection Team in advance of the hearing which resulted in the Environmental Protection Team and the Licensing Authority withdrawing their representations. The Sub-committee also took into account that the Police withdrew their representation following the Applicant’s additional submissions and a revised plan.
The Sub-committee took into consideration that the Health Authority made representations on the grounds of protection of children from harm following concerns about the licensing objectives being undermined, concerns about the risk of underage drinking, that the premises will increase the negative impact in the area, concerns about alcohol related incidents and anti-social behaviour.
The Sub-committee took into consideration that 3 Other Persons (local residents and resident associations) who were represented by London Fields Ward Safer Neighbourhood Panel, objected to the application. The local residents made representations about the premises being in the school grounds, which was a concern. There were also concerns about loud music and dispersal from the premises adding to the cumulative impact in the area. The Sub-committee took into account the local residents’ concerns about noise nuisance during these events that would affect the residential properties close to the premises.
The Sub-committee took into consideration the representations made by the Applicant’s legal representative and the Applicant that primarily the events would be: the internal school events, and market style events at the weekend and out of term time. It was noted that they would consider a limited number of private events. The Applicant contended that with the various event categories the consumption of alcohol is not the main offer, but rather supplementary, which has food lead concessions. The Sub-committee took into consideration that the Applicant would cap the number of private/ticketed events to 15 a year, and that the Applicant will minimise any negative impact in the surrounding area, especially in relation to off-sales.
The Sub-committee carefully considered all the evidence presented to them from the Applicant, the Applicant’s legal representative, and local residents. The Sub-committee took into consideration the measures that the Applicant had put in place including agreeing 11 conditions with the Environmental Protection Team.
The Sub-committee felt reassured that the Applicant agreed to reduce the off-sales hours to 17:00. The Applicant also agreed to hold liaison meetings at least twice a year to address any concerns local residents may have and they will continue to work with local residents. The Sub-committee felt that the premises would operate responsibly with all the measures that the Applicant had put in place, and their application was thorough. In addition, the hours took into consideration Policy LP6.
The Sub-committee took into consideration that each application is considered on its own merits.
Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this premises licence that the licensing objectives would not be undermined.
Public Informatives
- The Premises Licence holder is encouraged to continue working with the local residents and Responsible Authorities to deal with any issues arising relating to noise nuisance.
- The Applicant is reminded of the need to operate the premises according to any current licensing conditions on the premises licence and planning permission relating to its use class, conditions and hours.
- 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.
- The premises licence holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers for take away meals, and recyclable disposable materials to avoid using plastic disposable items to protect the local area, to prevent litter, and to protect the environment.
Publication date: 17/05/2024
Date of decision: 09/05/2024
Decided at meeting: 09/05/2024 – Licensing Sub Committee E