environment & regeneration report of: service director, public...

Environment & Regeneration

Municipal Office, 222 Upper Street, London, N1 1XR

Report of: Service Director, Public Protection

Meeting of Date Agenda Item Ward(s)

Licensing Sub-Committee 4th January 2017 St. Mary’s

Delete as

appropriate

Non-exempt

Subject: PREMISES LICENCE NEW APPLICATION

BREWDOG HOPWORKS, 29-31 ESSEX ROAD, LONDON, N1 2SA

1. Synopsis

1.1 This is an application for a new premise licence under the Licensing Act 2003.

1.2 The new application is to allow:

The sale by retail of alcohol, on & off supplies, Mondays to Sundays from 10:00 until23:00;

The provision of late night refreshment, Mondays to Sundays from 23:00 until 23:30;

The premises to be open to the public, Mondays to Sundays from 10:00 until 23:30; and

The below non-standard timing:

The provision of all licensable activities from the start time on New Year’s Eve until theterminal hour authorised on New Year’s Day.

2. Relevant Representations

Licensing Authority No

Metropolitan Police No

Noise No

Health and Safety No

Trading Standards No

Public Health No

Safeguarding Children No

London Fire Brigade No

Local residents Yes: Six local residents and one local Councillor.

Other bodies Yes: One property management company.

3. Background

3.1 Papers are attached as follows:

Appendix 1: application form;

Appendix 2: applicant’s supporting information:

i. Cumulative Impact Statement;ii. Dispersal Policy;iii. Smoking Policy; andiv. Operating Schedule.

Appendix 3: representations;

Appendix 4: suggested conditions and map of premises location.

3.2 The applicant currently holds a premises licence at this address allowing:

The sale by retail of alcohol, on supplies only, Mondays to Saturdays from 10:00 until00:00 and Sundays from 12:00 until 23:30;

The playing of recorded music, Mondays to Sundays from 00:00 until 00:00 the followingday;

The provision of late night refreshment, Mondays to Saturdays from 23:00 until 00:30 thefollowing day and Sundays from 23:00 until 00:00; and

The provision of all licensable activities from the start time on New Year’s Eve until theterminal hour authorised on New Year’s Day.

4. Planning Implications

4.1 None.

5 Recommendations

5.1 To determine the application for a new premises licence under Section 17 of the Licensing Act 2003.

5.2 These premises are located in the Angel and Upper Street Cumulative Impact Area therefore

the Licensing Committee will need to consider Licensing Policy 2, which states that there is a

presumption of refusal unless the Committee is satisfied that there will be no adverse

cumulative impact on the licensing objectives.

5.3 If the Committee grants the application it should be subject to:

i. conditions prepared by the Licensing Officer which are consistent with the OperatingSchedule (see appendix 4)

ii. any conditions deemed appropriate by the Committee to promote the four licensing

objectives.(see appendix 4)

6 Conclusion and reasons for recommendations

6.1 The Council is required to consider this application in the light of all relevant information, and if

approval is given, it may attach such conditions as appropriate to promote the licensing

objectives.

Background papers:

The Council’s Statement of Licensing Policy

Licensing Act 2003

Secretary of States Guidance

Final Report Clearance

Signed by

Service Director – Public Protection Date

Received by

Head of Scrutiny and Democratic Services Date

Report author: Licensing Service

Tel: 020 75027 3031

E-mail: [email protected]

19/12/17

mailto:[email protected]

ffl'ISLINGTON

Section 1 of 21

Islington

Application for a premises licence

Licensing Act 2003

For help contact

[email protected]

Telephone: 020 7527 3031

* required information

You can save the form at any time and resume it later. You do not need to be logged in when you resume.

System reference

Your reference

I Not Currently In Use I This is the unique reference for this ...__ ---------------� application generated by the system.

IBREl 63/S6 I You can put what you want here to help you '--· -----------------' track applications if you make lots of them. It

is passed to the authority.

Are you an agent acting on behalf of the applicant? Put "no" if you are applying on your own behalf or on behalf of a business you own or work for. r. Yes

Applicant Details

* First name

* Family name

* E-mail

(' No

!BrewDog Retail Limited

In/a

[email protected]

Main telephone number 10161 838 7888 Include country code.

Other telephone number I I D Indicate here if the applicant would prefer not to be contacted by telephone

Is the applicant:

r. Applying as a business or organisation, including as a sole trader

(' Applying as an individual

Applicant Business

Is the applicant's business registered in the UK with Companies House?

r. Yes

Registration number lsc389114

(' No

A sole trader is a business owned by one person without any special legal structure. Applying as an individual means the applicant is applying so the applicant can be employed, or for some other personal reason, such as following a hobby.

Note: completing the Applicant Business section is optional in this form.

Business name .-1

-----------------. If the applicant's business is registered, use._B_ r _ew_D_o_g_ R_ e_ t _ai_l _L _im_ i _te_ d ________ _, its registered name.

VAT number

Legal status

� ._ln_l_a ______ _,Put "none" if the applicant is not registered

�. forVAT.

!Private Limited Company

© Queen's Printer and Controller of HMSO 2009

Appendix 1

Continued from previous page ...

Applicant's position in the business

Home country

Registered Address

Building number or name

Street

District

City or town

In/a

I I The country where the applicant's

._u_n_ it_e_d_ K_ i _n _g _d _o _m __________ ___,_ headquarters are.

!BrewDog

!Balmacassie Commerical Park

Address registered with Companies House.

County or administrative area ._!A_b_e_r _d _ee_ n_ s_h_ir_e ___________ �

Postcode

Country

Agent Details

* First name

* Family name

* E-mail

Main telephone number

Other telephone number

!AB41 8BX

!united Kingdom

!Kuit Steinart Levy LLP

In/a

[email protected]

!0161 838 7888

D Indicate here if you would prefer not to be contacted by telephone

Are you:

(e' An agent that is a business or organisation, including a sole trader

r A private individual acting as an agent

Agent Business

Is your business registered in the UK with Companies House?

Registration number

(e' Yes

!oc334768

(' No

Include country code.

A sole trader is a business owned by one person without any special legal structure.

Note: completing the Applicant Business section is optional in this form.

Business name I Ku it Steinart Levy LLP I If your business is registered, use its

...__ -----------------'· registered name.

VAT number

Legal status

� ._!n_l_a ______ _.Put "none" if you are not registered for VAT.

!Partnership



Your position in the business

Home country

Agent Registered Address


Street

District

City or town

I Associate

!united Kingdom

13

lst Mary's Parsonage

II Manchester

County or administrative area IPostcode IM3 2RD

Country !united Kingdom

Section 2 of 21 PREMISES DETAILS

I The country where the headquarters of your business is located.

Address registered with Companies House.

I I

I I

I

I

I

I/we, as named in section 1, apply for a premises licence under section 17 of the Licensing Act 2003 for the premises described in section 2 below (the premises) and I/we are making this application to you as the relevant licensing authorityin accordance with section 12 of the Licensing Act 2003.

Premises Address

Are you able to provide a postal address, OS map reference or description of the premises?

r- Address (' OS map reference (' Description

Postal Address Of Premises

Building number or name IBrewDog Hopworks, 29-31

Street !Essex Road

District I Islington

City or town I London

County or administrative area I I Postcode IN1 2SA I Country !united Kingdom I Further Details

Telephone number I I Non-domestic rateablevalue of premises (£) 146,500 I


Section 3 of 21

APPLICATION DETAILS

In what capacity are you applying for the premises licence?

O An individual or individuals

� A limited company I limited liability partnership

D A partnership (other than limited liability)

O An unincorporated association

O Other (for example a statutory corporation)

O A recognised club

O A charity

O The proprietor of an educational establishment

D A health service body

A person who is registered under part 2 of the Care Standards Act D 2000 (cl 4) in respect of an independent hospital in Wales

A person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated

D activity (within the meaning of that Part) in an independent hospital in England

D The chief officer of police of a police force in England and Wales

Confirm The Following

(g] I am carrying on or proposing to carry on a business which involvesthe use of the premises for licensable activities

O I am making the application pursuant to a statutory function

D I am making the application pursuant to a function discharged by virtue of Her Majesty's prerogative

Section 4 of 21

NON INDIVIDUAL APPLICANTS

Provide name and registered address of applicant in full. Where appropriate give any registered number. In the case of a partnership or other joint venture (other than a body corporate), give the name and address of each party concerned.

Non Individual Applicant's Name

Name

Details

Registered number (where applicable)

!BrewDog Retail Limited

isc3s9114

Description of applicant (for example partnership, company, unincorporated association etc)



!Private limited company

I Address

Building number or name lsrewDog I Street lsalmacassie Commercial Park I District I I City or town IEllon I County or administrative area I Aberdeenshire I Postcode IAB41 8BX I Country !united Kingdom I Contact Details

E-mail I I Telephone number I I Other telephone number I I * Date of birth 0,0,1 I

dd mm yyyy

* Nationality I I Documents that demonstrate entitlement to work in the UK

I Add another applicant

Section 5 of 21

OPERATING SCHEDULE

When do you want the [EJ1�11premises licence to start? dd mm

If you wish the licence to be valid only for a limited period, D / D / Iwhen do you want it to end dd mm

Provide a general description of the premises

2017 Iyyyy

I yyyy

I

For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off- supplies you must include a description of where the place will be and its proximity to the premises.

The premises is currently licensed as Dog Eat Dog (premises licence no. LN/2908-310715). This application is submitted on the basis that the applicant intends to change the style of operation of the premises, and as such a new licence would be more appropriate. On the grant of this application and completion of the works, the existing licence will be surrendered. The applicant acknowledges that this site is located within one of Islington Council's cumulative impact zones, and as such



lmcludes a Lumu1at1ve Impact :::,rntement with this app11cat1on. 1 ne application 1s also submrned tollowmg extensiveconsultation with the police, the licensing authority and local residents. I If 5,000 or more people are expected to attend the

I I premises at any one time, state the number expected to attend Section 6 of 21

PROVISION OF PLA VS

See guidance on regulated entertainment

Will you be providing plays?

(' Yes r- No

Section 7 of 21

PROVISION OF FILMS


Will you be providing films?

(' Yes r- No

Section 8 of 21

PROVISION OF INDOOR SPORTING EVENTS


Will you be providing indoor sporting events?

(' Yes r- No

Section 9 of 21

PROVISION OF BOXING OR WRESTLING ENTERTAINMENTS


Will you be providing boxing or wrestling entertainments?

(' Yes r- No

Section 10 of 21

PROVISION OF LIVE MUSIC


Will you be providing live music?

(' Yes r- No

Section 11 of 21

PROVISION OF RECORDED MUSIC


Will you be providing recorded music?

(' Yes r- No

Section 12 of 21

PROVISION OF PERFORMANCES OF DANCE




Will you be providing performances of dance?

(' Yes r. No

Section 13 of 21

PROVISION OF ANYTHING OF A SIMILAR DESCRIPTION TO LIVE MUSIC, RECORDED MUSIC OR PERFORMANCES OF

DANCE

See guidance on regulated entertainment Will you be providing anything similar to live music, recorded music or performances of dance? (' Yes r. No

Section 14 of 21

LATE NIGHT REFRESHMENT

Will you be providing late night refreshment?

r. Yes (' No

Standard Days And Timings

MONDAY Give timings in 24 hour clock. Start 123:00 I End 123:30 I (e.g., 16:00) and only give details for the days

I of the week when you intend the premises

Start I I End I to be used for the activity.

TUESDAY

Start 123:00 I End 123:30 I Start I I End I I

WEDNESDAY


THURSDAY


FRIDAY


SATURDAY


SUNDAY




Will the provision of late night refreshment take place indoors or outdoors or both?

(e Indoors (' Outdoors (' Both Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.

State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.

State any seasonal variations

For example (but not exclusively) where the activity will occur on additional days during the summer months.

Non-standard timings. Where the premises will be used for the supply of late night refreshments at different times from those listed in the column on the left, list below

For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.

From the start time on New Year's Eve to the terminal hour for New Year's Day.

Section 1 S of 21 SUPPLY OF ALCOHOL

Will you be selling or supplying alcohol?

r. Yes (' No


MONDAY Give timings in 24 hour clock.

Start 110:00 I End 123:00 I (e.g., 16:00) and only give details for the days

I I I I of the week when you intend the premises

Start End to be used for the activity.

TUESDAY




WEDNESDAY


THURSDAY


FRIDAY


SATURDAY


SUNDAY


Will the sale of alcohol be for consumption: If the sale of alcohol is for consumption on

the premises select on, if the sale of alcohol r On the premises r Off the premises r. Both is for consumption away from the premises

select off. If the sale of alcohol is for consumption on the premises and away

from the premises select both.



Non-standard timings. Where the premises will be used for the supply of alcohol at different times from those listed in the

column on the left, list below



State the name and details of the individual whom you wish to specify on the

licence as premises supervisor



Name

First name

Family name

Date of birth

Enter the contact's address


Street

District

City or town

I Martin

I Keith

[i]1[i]1I • dd mm yyyy

•

-I I London

County or administrative area I Postcode

Country

Personal Licence number (if known)

Issuing licensing authority (if known)

-!united Kingdom

111111

lislington Council

I

PROPOSED DESIGNATED PREMISES SUPERVISOR CONSENT

How will the consent form of the proposed designated premises supervisor be supplied to the authority?

(' Electronically, by the proposed designated premises supervisor

(e As an attachment to this application

Reference number for consent I form (if known)

Section 16 of 21

ADULT ENTERTAINMENT

I I

I I I

I I

I

I

I

I If the consent form is already submitted, askthe proposed designated premises supervisor for its 'system reference' or 'your reference'.

Highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children

Give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups etc gambling machines etc.

n/a



Section 17 of 21

HOURS PREMISES ARE OPEN TO THE PUBLIC


MONDAY Give timings in 24 hour clock. Start 110:00 I End 123:30 I (e.g., 16:00) and only give details for the days

I I I I of the week when you intend the premises

Start End to be used for the activity.

TUESDAY


WEDNESDAY


THURSDAY


FRIDAY


SATURDAY


SUNDAY




Non standard timings. Where you intend to use the premises to be open to the members and guests at different times from those listed in the column on the left, list below





Section 18 of 21

LICENSING OBJECTIVES

Describe the steps you intend to take to promote the four licensing objectives:

a) General - all four licensing objectives (b,c,d,e)

List here steps you will take to promote all four licensing objectives together.

Please see attached operating schedule and policies.

b) The prevention of crime and disorder


c) Public safety


d) The prevention of public nuisance


e) The protection of children from harm


Section 19 of 21

NOTES ON DEMONSTRATING ENTITLEMENT TO WORK IN THE UK


© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

Entitlement to work/immigration status for individual applicants and applications from partnerships which are not limited liability partnerships: A licence may not be held by an individual or an individual in a partnership who is resident in the UK who:

• does not have the right to live and work in the UK; or• is subject to a condition preventing him or her from doing work relating to the carrying on of a licensable

activity.Any premises licence issued in respect of an application made on or after 6 April 2017 will become invalid if the holder ceases to be entitled to work in the UK. Applicants must demonstrate that they have an entitlement to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity. They do this by providing with this application copies or scanned copies of the following documents (which do not need to be certified). Documents which demonstrate entitlement to work in the UK

• An expired or current passport showing the holder, or a person named in the passport as the child of theholder, is A British citizen or a citizen of the UK and Colonies having the right of abode in the UK [please seenote below about which sections of the passport to copy].

• An expired or current passport or national identity card showing the holder, or a person named in the passportas the child of the holder, is a national of a European Economic Area country or Switzerland.

• A Registration Certificate or document certifying permanent residence issued by the Home Office to a nationalof a European Economic Area country or Switzerland.

• A Permanent Residence Card issued by the Home Office to the family member of a national of a EuropeanEconomic Area country or Switzerland.

• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to theholder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on theirstay in the UK.

• A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stayindefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

• A current Immigration Status Document issued by the Home Office to the holder with an endorsementindicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay inthe UK, when produced in combination with an official document giving the person’s permanent NationalInsurance number and their name issued by a Government agency or a previous employer.

• A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’sparents or adoptive parents, when produced in combination with an official document giving the person’spermanent National Insurance number and their name issued by a Government agency or a previous employer.

• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland when produced incombination with an official document giving the person’s permanent National Insurance number and theirname issued by a Government agency or a previous employer.

• A certificate of registration or naturalisation as a British citizen, when produced in combination with anofficial document giving the person’s permanent National Insurance number and their name issued by aGovernment agency or a previous employer.

• A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed towork and is not subject to a condition preventing the holder from doing work relating to the carrying on of alicensable activity.



• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to theholder which indicates that the named person can currently stay in the UK and is allowed to work relation tothe carrying on of a licensable activity.

• A current Residence Card issued by the Home Office to a person who is not a national of a European EconomicArea state or Switzerland but who is a family member of such a national or who has derivative rights orresidence.

• A current Immigration Status Document containing a photograph issued by the Home Office to the holderwith an endorsement indicating that the named person may stay in the UK, and is allowed to work and is notsubject to a condition preventing the holder from doing work relating to the carrying on of a licensable activitywhen produced in combination with an official document giving the person’s permanent National Insurancenumber and their name issued by a Government agency or a previous employer.

• A Certificate of Application, less than 6 months old, issued by the Home Office under regulation 17(3) or 18A(2) of the Immigration (European Economic Area) Regulations 2006, to a person who is not a national of aEuropean Economic Area state or Switzerland but who is a family member of such a national or who hasderivative rights of residence.

• Reasonable evidence that the person has an outstanding application to vary their permission to be in the UKwith the Home Office such as the Home Office acknowledgement letter or proof of postage evidence, orreasonable evidence that the person has an appeal or administrative review pending on an immigrationdecision, such as an appeal or administrative review reference number.

• Reasonable evidence that a person who is not a national of a European Economic Area state or Switzerland butwho is a family member of such a national or who has derivative rights of residence in exercising treaty rights inthe UK including:-

• evidence of the applicant’s own identity – such as a passport,• evidence of their relationship with the European Economic Area family member – e.g. a marriage

certificate, civil partnership certificate or birth certificate, and• evidence that the European Economic Area national has a right of permanent residence in the UK or is one

of the following if they have been in the UK for more than 3 months:(i) working e.g. employment contract, wage slips, letter from the employer,(ii) self-employed e.g. contracts, invoices, or audited accounts with a bank,(iii) studying e.g. letter from the school, college or university and evidence of sufficient funds; or(iv) self-sufficient e.g. bank statements.

Family members of European Economic Area nationals who are studying or financially independent must also provide evidence that the European Economic Area national and any family members hold comprehensive sickness insurance in the UK. This can include a private medical insurance policy, an EHIC card or an S1, S2 or S3 form. Original documents must not be sent to licensing authorities. If the document copied is a passport, a copy of the following pages should be provided:- (i) any page containing the holder’s personal details including nationality;(ii) any page containing the holder’s photograph;(iii) any page containing the holder’s signature;(iv) any page containing the date of expiry; and(v) any page containing information indicating the holder has permission to enter or remain in the UK and is permitted towork.If the document is not a passport, a copy of the whole document should be provided. Your right to work will be checked as part of your licensing application and this could involve us checking your immigration status with the Home Office. We may otherwise share information with the Home Office. Your licence application will not be determined until you have complied with this guidance.

Section 20 of 21

NOTES ON REGULATED ENTERTAINMENT



In terms of specific regulated entertainments please note that:

• Plays: no licence is required for performances between 08:00 and 23.00 on any day, provided that the audiencedoes not exceed 500.

• Films: no licence is required for ‘not-for-profit’ film exhibition held in community premises between 08.00 and23.00 on any day provided that the audience does not exceed 500 and the organiser (a) gets consent to thescreening from a person who is responsible for the premises; and (b) ensures that each such screening abidesby age classification ratings.

• Indoor sporting events: no licence is required for performances between 08.00 and 23.00 on any day, providedthat the audience does not exceed 1000.

• Boxing or Wrestling Entertainment: no licence is required for a contest, exhibition or display of Greco-Romanwrestling, or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does notexceed 1000. Combined fighting sports – defined as a contest, exhibition or display which combines boxing orwrestling with one or more martial arts – are licensable as a boxing or wrestling entertainment rather than anindoor sporting event.

• Live music: no licence permission is required for:o a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.o a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell

alcohol for consumption on those premises, provided that the audience does not exceed 500.o a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace that is not

licensed to sell alcohol on those premises, provided that the audience does not exceed 500.o a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall,

community hall, or other similar community premises, that is not licensed by a premises licence to sellalcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for theperformance from a person who is responsible for the premises.

o a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premisesof (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500,and (b) the organiser gets consent for the performance on the relevant premises from: (i) the localauthority concerned, or (ii) the school or (iii) the health care provider for the hospital.

• Recorded Music: no licence permission is required for:o any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol

for consumption on those premises, provided that the audience does not exceed 500.o any playing of recorded music between 08.00 and 23.00 on any day, in a church hall, village hall,

community hall, or other similar community premises, that is not licensed by a premises licence to sellalcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for theperformance from a person who is responsible for the premises.

o any playing of recorded music between 08.00 and 23.00 on any day, at the non-residential premises of (i) alocal authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b)the organiser gets consent for the performance on the relevant premises from: (i) the local authorityconcerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.


• Dance: no licence is required for performances between 08.00 and 23.00 on any day, provided that theaudience does not exceed 500. However, a performance which amounts to adult entertainment remainslicensable.

• Cross activity exemptions: no licence is required between 08.00 and 23.00 on any day, with no limit onaudience size for:

o any entertainment taking place on the premises of the local authority where the entertainment is providedby or on behalf of the local authority;

o any entertainment taking place on the hospital premises of the health care provider where theentertainment is provided by or on behalf of the health care provider;

o any entertainment taking place on the premises of the school where the entertainment is provided by oron behalf of the school proprietor; and

o any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travellingcircus, provided that (a) it takes place within a moveable structure that accommodates the audience, and(b) that the travelling circus has not been located on the same site for more than 28 consecutive days.

Section 21 of 21

PAYMENT DETAILS

This fee must be paid to the authority. If you complete the application online, you must pay it by debit or credit card. Premises Licence Fees are determined by the non domestic rateable value of the premises. To find out a premises non domestic rateable value go to the Valuation Office Agency site at http://www.voa.gov.uk/ business_rates/index.htm Band A - No RV to £4300 £ 100.00 Band 8-£4301 to £33000 £190.00 Band C -£33001 to £87000 £315.00 Band D -£87001 to £125000 £450.00* Band E -£125001 and over £635.00* *If the premises rateable value is in Bands D or E and the premises is primarily used for the consumption of alcohol on thepremises then your are required to pay a higher feeBand D -£87001 to £125000 £900.00Band E -£ 125001 and over£ 1,905.00There is an exemption from the payment of fees in relation to the provision of regulated entertainment at church halls,chapel halls or premises of a similar nature, village halls, parish or community halls, or other premises of a similar nature. Thecosts associated with these licences will be met by central Government. If, however, the licence also authorises the use ofthe premises for the supply of alcohol or the provision of late night refreshment, a fee will be required.Schools and sixth form colleges are exempt from the fees associated with the authorisation of regulated entertainmentwhere the entertainment is provided by and at the school or college and for the purposes of the school or college.If you operate a large event you are subject to ADDITIONAL fees based upon the number in attendance at any one timeCapacity 5000-9999 £ 1,000.00Capacity 10000 -14999 £2,000.00Capacity 15000-19999 £4,000.00Capacity 20000-29999 £8,000.00Capacity 30000-39999 £16,000.00Capacity 40000-49999 £24,000.00Capacity 50000-59999 £32,000.00Capacity 60000-69999 £40,000.00Capacity 70000-79999 £48,000.00Capacity 80000-89999 £56,000.00Capacity 90000 and over £64,000.00

* Fee amount(£) 1315.00 I

DECLARATION



[Applicable to individual applicants only, including those in a partnership which is not a limited liability partnership] I * understand I am not entitled to be issued with a licence if I do not have the entitlement to live and work in the UK (or if I

am subject to a condition preventing me from doing work relating to the carrying on of a licensable activity) and that mylicence will become invalid if I cease to be entitled to live and work in the UK (please read guidance note 15).The DPS named in this application form is entitled to work in the UK (and is not subject to conditions preventing him or

* her from doing work relating to a licensable activity) and I have seen a copy of his or her proof of entitlement to work, ifappropriate (please see note 15)

� Ticking this box indicates you have read and understood the above declaration

This section should be completed by the applicant, unless you answered "Yes" to the question "Are you an agent acting on behalf of the applicant?"

* Full name

* Capacity

* Date

!Kuit Steinart Levy LLP

!solicitors and Authorised Agents

[ill I � , 1 2017dd mm yyyy

Add another signatory

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LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION

IT IS AN OFFENCE UNDER SECTION 248 OF THE IMMIGRATION ACT 1971 FOR A PERSON TO WORK WHEN THEY

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CCTV Monitor

Network Video Recorder

Static Dome Camera

CCTV SYSTEM LEGEND

FIRE ALARM SYSTEM LEGEND

Wall Mounted Sound Beacon

Wall Mounted Sounder

Heat Detector

Smoke Detector

Fire Alarm Panel

Heat Detector c/w Sounder BeaconBase

Shelving

Door Contact

16 Speaker

Remote Keypad Panel

Intruder Alarm Panel

External Bell

INTRUDER ALARM SYSTEM LEGEND

g r o u n d f l o o r p l a nscale 1:100

DO NOT SCALE FROM DRAWINGS. USE GIVEN DIMENSIONS ONLY. ALL DIMENSIONS TO BE VERIFIEDAND AGREED WITH ARCHITECT IN ACCORDANCE WITH SITE CONDITIONS PRIOR TO THECOMMENCEMENT OF ANY WORKS.

ALL surface DRAWINGS ARE TO BE READ IN CONJUNCTION WITH MECHANICAL AND ELECTRICALENGINEERS AND STRUCTURAL ENGINEERS DRAWINGS, DETAILS AND SPECIFICATIONS WHERERELAVANT.

ALL WORKS TO BE TO BE TO THE RELEVANT BRITISH STANDARD CODE OF PRACTICE ANDMANUFACTURER'S WRITTEN RECOMMENDATIONS.

ALL WORKS INCLUDING DEMOLITIONS TO BE EXECUTED SO AS NOT TO IMPAIR THE STABILITY ORENDANGER THE BUILDING, ADJACENT WORKS, PERSONNEL OR THIRD PARTIES. ALL IN ACCORDANCEWITH ALL HSE AND STATUTORY AUTHORITIES RECOMMENDATIONS.

ELECTRICAL INSTALLATION TO COMPLY WITH CURRENT IEE REGULATIONS AND WITH B.S.7671:2011.HEATING AND VENTILATION TO SPECIALIST CONTRACTORS DESIGN TO COMPLY TO CIBSE GUIDE 1986.

ALL NEW DRAINAGE TO BE CARRIED OUT STRICTLY IN ACCORDANCE WITH B.S.EN 12056-2: 2000(SANITARY PIPEWORK); BS EN 752-3: 1997, BS EN 752-4: 1998 BS EN 1610: 1998 (DRAINAGE SYSTEMOUTWITH A BUILDING).

ALL GLAZING, GLASS, WINDOWS DOORS AND SCREENS TO COMPLY FULLY WITH B.S.6262 AND B.S.6206.

ALL MATERIALS AND COMPONENTS TO BE "FIT FOR PURPOSE" AND IN FULL COMPLIANCE WITH THECURRENT TECHNICAL STANDARDS.

Surface - ID Ltd The Mews 12 Fortrose Street GLASGOW G11 5LPtel: 0141 342 5448 fax: 0141 337 2244

[email protected] www.surface-id.comRegistered in Scotland No. SC233305

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AREA MARKED INDICATES EXTENT OF LICENSEDAREA

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Cumulative Impact Statement

As noted as part of this licence application, BrewDog Retail Limited are aware that this

premises falls within Islington Council’s Upper Street/Angel Cumulative Impact Zone. The

premises currently has the benefit of a premises licence (no. LN/2908-310715), with hours

from 10:00 – 00:00 Monday to Saturday and from 12:00 to 23:30 Sunday. This is subject to

conditions which require that all sales of alcohol must be ancillary to meals.

However, BrewDog are keen to develop a new and unique concept in the premises, and it

therefore seems sensible to apply for a new premises licence to reflect this style of operation.

Furthermore, BrewDog are confident that the nature of the proposal will ensure that this

application is a genuine exception to the Cumulative Impact Policy, and will uphold the

licensing objectives and the general aims of Islington Council’s Statement of Licensing

Policy (the “Policy”).

We would like to use this opportunity to explain a little bit about BrewDog as a company;

what we would propose for Essex Road; and why we consider this to uphold the Policy.

BrewDog

Brewdog was born in 2007. It was a reaction to the company’s founding directors’ perception

that the UK’s alcohol market is dominated by industrially brewed products marketed by

multi-national companies, with little care or attention given to the beers they create and sell.

Brewdog set out to make great craft beer for those who drink beer for the flavour and

artisanship of the product, rather than as a means of getting intoxicated. All of their beers are

and always have been made from fresh, natural ingredients with no additives or preservatives.

They aim to brew innovative, progressive and exciting full flavoured beers, and will often

add a contemporary spin to classic beer styles.

At inception, Brewdog beer was brewed in tiny batches. Bottles were filled by hand and sold

at local markets from the back of a van. The mission was simply to make other people as

passionate about great craft beer as the founding directors were. The directors are still in

place, and that remains the mission of the company today.

Brewdog’s basic ambition is to brew unique and interesting beers that people will want to

sample, and to do so they focus on using the best possible techniques and ingredients. This

means that the price of BrewDog’s products is often much higher than those of their

Appendix 2 i.

competitors. BrewDog are not interested in sacrificing quality for costs. The product is the

point of the exercise, and they will not make compromises in the product so as to compete on

price.

The ethos is educational and transformative – the message is that this is a great product to be

enjoyed, not a liquid to be consumed indiscriminately for the purpose of getting drunk.

Whilst BrewDog do brew beers which are of higher strength than ‘ordinary’ beers, they do

not sell them in pints. They are sold in measures appropriate to the strength of the product, to

be sampled and enjoyed, not for intoxication. Indeed, BrewDog was instrumental in

campaigning to allow beer to be sold in these smaller measures.

The company has found that there is immense support amongst craft beer enthusiasts for its

products. These tend to be mature people who are passionate about the product. Many of

these people attend BrewDog’s annual general meeting in Aberdeen, coming from all over

the United Kingdom and abroad. This shows the possibilities of a new approach to alcohol,

where the product is appreciated for its qualities, its flavour and its artisanship, and a real

sense of fellowship is created amongst its consumers. BrewDog’s relationship with their

customers and shareholders is built on that platform, one which the company will never

abandon. BrewDog have recently announced that they will give away 20% of their profits

each year, with 10% going to charity and 10% going to its team.

Built on these shared values, the company has rapidly grown to become the largest

independent brewery in the United Kingdom, supplying not only the UK but also exporting to

more than 55 different countries.

BrewDog have incredible support from their shareholders who are all as passionate as the

company are about Brewdog and craft beer. In summary, the ethos of Brewdog is based on

an appreciation for premium brewed crafted beers, in a similar manner to understanding good

malt whiskies or fine wines.

Although Brewdog is, and always will be, primarily a brewer of fine beers, the company saw

a demand among its supporters for the opportunity to sample its products locally. In addition

to the commercial opportunity arising from the satisfaction of that demand, Brewdog wanted

to demonstrate how brewers could contribute to a change of drinking habits, in fact, a

transformation of the drinking culture, by creating bars where the emphasis was on education

and enjoyment of the product rather than volume consumed.

BrewDog bars are intended to be a beacon for craft beer and as such appeal to a more mature

customer base. They are very much about education, and try to open each new customer’s

mind as to the breadth of different beers that are available and to the quality of flavour those

beers can provide.

Essex Road Proposal

At this site specifically, BrewDog are not looking to create a pure ‘bar’. The premises, if this

application is granted, will be known as The Hopworks and will be a hybrid between bar use,

food, retail and educational facility.

The key focus of the premises will be the installation of several small home brew kits, which

the local community would have access to, to allow them to make and learn about beer in a

controlled and professional environment. Customers will be able to attend classes to suit

varying levels of ability and experience, and will be able to learn about all aspects of beer

making, from raw ingredients to brewing technique. They would also propose for the site to

host events to showcase local brewers to give them a platform to share their knowledge and

experience.

The retail element of the business will sell home brew ingredients and a selection of locally

produced craft beers as well as rare/hard to find beers from around the world. Support for

local craft breweries is a significant element of all BrewDog premises, and this site will be no

different.

The bar element will be small, with a limited capacity, as demonstrated and ensured by the

conditions offered in the operating schedule submitted with this licence application. The size

of this area can be seen on the plan attached to this application.

Finally, the premises will offer a full menu of stonebaked pizzas, made using brewers’ yeast,

throughout opening hours.

BrewDog are confident that this combination of features will result in a premises that will be

a valuable addition to the local area, and which will in fact impact positively, rather than

negatively, on the licensing objectives. They are also confident that they are able to trade in

accordance with each of the relevant aims of the Policy, and we outline the reasons for this

below.

Licensing Policy 1

This highlights the mixed use nature of Islington as a borough, stating that ‘as there is no

delineation between residential and commercial areas careful management is required to

prevent conflict between the different uses’. Indeed, at the very outset of the Policy this is

noted as a significant feature of the borough as a whole. Essex Road itself epitomises this,

being a busy highway with a number of commercial and licensed premises, but in extremely

close proximity to various residential premises.

BrewDog are very aware of the sensitivity of the location, and are keen to establish and

maintain positive relationships with their residential neighbours. As a result, they invited

local residents to meet with them to discuss their proposals prior to submitting this

application. Safeguards in respect of concerns raised by local residents have been

incorporated as conditions in the operating schedule submitted. For example, residents were

concerned that this application could be the start of the premises turning into a pure bar,

particularly if the licence were transferred on to an operator other than BrewDog. We have

safeguarded against this possibility by the addition of a ‘concept’ condition, allowing the

premises only to be traded by BrewDog as and in the style of The Hopworks.

We can also confirm that, whilst the premises will not be used for live or recorded music,

appropriate soundproofing measures will be installed at the premises before it is re-opened (if

this application is granted). This will ensure that the residents above the premises are not

disturbed. We will also ensure that an appropriate extraction system is installed to eliminate

any odours produced from the brewing process.

BrewDog are also very experienced when it comes to trading in harmony with local residents.

They trade in extremely close proximity to, indeed sometimes directly underneath, residents

in Aberdeen, Glasgow, Birmingham, Bristol, Leeds. Liverpool, Leicester, Nottingham,

Sheffield, Norwich, Camden, Shoreditch, Clapham, Shepherds Bush and Clerkenwell. It

operates in these locations without complaint, and without causing nuisance to those

residents.

The Licensing Authority clearly expresses in Policy 1 their obligation to balance the

conflicting needs of residents with those of the business and its patrons. We would submit

that provided that the premises does not give rise to nuisance, disorder or anti-social

behaviour, this balance has been struck.

Licensing Policy 1 sets out various matters that the Licensing Authority will consider in

making determinations in relation to new licence applications. These include whether the

premises is located in an area of cumulative impact; the type of premises; the proposed hours

of operation; the types and numbers of customers likely to attend; the applicant’s

commitment to high standards of management; and the physical suitability of the building.

We will address the Cumulative Impact Policy below, and the hours of operation, type of

premises and types and numbers of customers likely to attend will contribute towards the

explanation as to why the premises will not add to cumulative impact. This in turn will mean

that the premises will not impact negatively upon the lives of local residents.

In terms of other specifics mentioned here though, we can first of all confirm that BrewDog

are fully committed to the highest standards of management and service. BrewDog’s senior

management team are heavily involved in each site that they operate, both at the time of

opening and on an ongoing basis. There is an extensive network of operational support for all

general managers within the business.

All general managers and assistant managers are brought, before they commence

employment, to the main brewery in Scotland and shown how the beer is made. All team

members undergo an intensive three day training course covering the history of craft beer and

BrewDog, responsibilities under the Licensing Act, service standards and product education.

This allows all BrewDog staff to educate customers about the beers they sell. Many bar staff

also attend a Cicerone Accreditation Course, similar to a sommelier course for fine wines.

Management and staff are therefore knowledgeable and passionate about the brand, which

dictates the way in which the premises are run and the sorts of customers it attracts.

Licensing Policy 2

This outlines Islington Council’s Cumulative Impact Policy, which provides a presumption

that new applications for premises licences will not be granted ‘unless the applicant can

demonstrate why the operation of the premises involved will not add to the cumulative

impact’. The Policy goes on to state that this is demonstrated through the applicant’s

operating schedule.

It is important to note that the special policy ‘is not absolute’ and that ‘the licensing authority

shall permit licences that are unlikely to add to cumulative impact to be granted’. We would

submit that the premises, by its very nature, is not just unlikely to add to cumulative impact,

but simply does not have the propensity to do so.

Furthermore, we would submit that the new proposal is sufficiently more restrictive than the

existing premises licence for this site, that the cumulative impact policy need not be engaged

simply as a result of the removal of existing ancillary conditions. Essentially, we would

submit that the conditions proposed ensure that the premises will and can only operate in the

distinct way described above, and that this type of premises will not add to cumulative

impact.

The key aspects of the application which ensure this are as follows.

Firstly, the premises is currently licensed to sell alcohol between the hours detailed at the

beginning of this statement. It is also licensed to provide late night refreshment between the

hours of 23:00 and 00:30 Monday to Saturday and between the hours of 23:00 and 00:00

Sunday. Finally, it is permitted to play recorded music 24 hours a day, and the opening times

are unrestricted. BrewDog have noted, in this application, that should this new licence be

granted, the existing licence will be surrendered. This application seeks hours from 10:00 to

23:00 daily for the sale of alcohol, plus 30 minutes dispersal and late night refreshment. It

does not seek any regulated entertainment. This therefore means a reduction in the hours for

the sale of alcohol and late night refreshment by 1 hour Monday to Saturday and 30 minutes

Sunday evening, the complete removal of recorded music as a licensable activity and the

specification of opening hours to provide a defined dispersal period.

As such, this application effectively seeks to reduce the hours of an existing licensed

premises in the cumulative impact zone, thereby arguably reducing any cumulative impact

experienced.

Secondly, the premises licence currently has no capacity restriction whatsoever. BrewDog

have been happy to offer a capacity restriction which limits the number of customers on the

premises at any one time to 77 internal and 24 external. This demonstrates that the premises

is relatively small in terms of numbers, and also provides an improved position to a

previously unrestricted capacity. Again, therefore, the granting of this application would

arguably reduce the cumulative impact experienced.

Thirdly, whilst we have applied to remove the condition attached to the existing premises

licence which requires that the sale of alcohol be ancillary to food, other conditions have been

proposed to negate any potential additional cumulative impact arising from this. We have

offered that substantial food shall be available at all times that licensable activities are

permitted, that waiter/waitress service be available at all times and that a minimum number of

seats are maintained at all times. This means that there will be seating available for 65% of

the customers at the premises if it is full to maximum capacity.

Finally, there are various other safeguards included in the comprehensive operating schedule

submitted with this application, which incorporates suggestions from the pool of model

conditions contained in the Policy, conditions discussed with the responsible authorities and

conditions discussed with residents. These conditions include:

• comprehensive CCTV conditions;

• risk assessment condition re: SIA registered door supervisors;

• controls on the external area;

• a dispersal and smoking policy;

• taxi and transport arrangements;

• obligations to provide contact details to local residents;

• and a Challenge 25 policy.

The combination of these conditions and BrewDog’s style of operation will ensure that the

premises will trade without negative impact. Indeed, the Policy acknowledges that ‘the

impact of an application can be expected to be different for different premises with different

styles and characteristics’. It is the unique style and characteristics of BrewDog Hopworks

that will ensure that the impact is not a negative one.

We would further submit that the conditions offered as part of the application provide ‘an

effective solution’ to any concerns with regards to negative impact upon the licensing

objectives, as required by Licensing Policy 2, and therefore it would be proper to conclude

that this application is a genuine exception to policy.

The Policy provides specific examples of applications which may be exceptional in this

context, as well as examples of factors which will not be considered exceptional. The Policy

states that the fact that the premises will be well managed/run, or that the applicant operates

similar premises elsewhere without complaint, is not exceptional. However, it is important to

emphasise that both these factors are true of this application, and whilst that in itself may not

be exceptional, it is an indication that BrewDog is truly able to deliver on the elements of this

application which are exceptional – namely the unique style of operation and compliance

with the comprehensive list of conditions.

The Policy provides a list (which importantly is non-exhaustive) of factors which may be

considered exceptional. This includes a relatively limited capacity premises which is in

compliance with the hours in Licensing Policy 8. The application does propose a capacity

restriction but proposes lesser hours than those proposed in Licensing Policy 8 (more detail of

which will be provided below). This limited capacity, these hours and the factors outlined

above are a genuinely exceptional combination.

Finally, in relation to Licensing Policy 2, it is important and useful to consider the motivation

behind the introduction of the Upper Street/Angel Cumulative Impact Zone in order to be

confident that BrewDog’s operation would not conflict with the aims of the Policy.

It is clear that this Cumulative Impact Policy subsists as a result of the area being ‘a late night

alcohol related crime and disorder hotspot’. There are two key points to make here. Firstly,

BrewDog premises simply are not associated with alcohol related crime and disorder. They

attract customers who wish to drink to appreciate beer, not to get drunk. Secondly, this

premises will not be involved in ‘late night’ disorder, as it will trade until 23:00 plus 30

minutes dispersal. On a daily basis, it will be closed and customers will have dispersed long

before these issues begin to arise. Not only this, but, despite the hours sought being until

23:00, the later part of these hours are not typically BrewDog’s busiest. The majority of

BrewDog’s customers across the estate visit the premises for a drink or two, and perhaps a

bite to eat, after work. Indeed, the busiest hours across the BrewDog estate are between 5pm

and 8pm daily.

Therefore, BrewDog, by its very nature, will not contribute to the problems that the

Cumulative Impact Policy was devised to address, and therefore will not add to the

cumulative impact experienced.

The Policy also makes it clear that this Cumulative Impact Zone was introduced to allow the

Licensing Authority to manage the impact on residents of licensed premises in the area.

BrewDog are very keen to ensure that residents are not negatively affected by their operation,

as described above, and have offered extensive conditions to assure the Licensing Authority

that this will be the case.

Licensing Policy 4

The Policy details the Licensing Authority’s concern in respect of the adverse impact arising

from shops selling alcohol for consumption off the premises. As outlined above, this will not

be an ordinary ‘off licence’, selling the usual selection of beers at the usual off sales prices.

The Hopworks will sell rare and sought after beers, for the purposes of consuming and

enjoying at home, not for the purposes of drinking in the street and/or becoming intoxicated

such as to cause disturbance and anti-social behaviour. The price point of the products as well

as their type will dictate this.

By way of example, please see below a price comparison between a pint of various BrewDog

beers and a pint of various products offered in the nearby Wenlock and Essex pub.

BrewDog T1 pricing Price

Punk 5.4% £5.70

Dead Pony Club 3.8% £5.05

Kingpin 4.7% £5.35

5AM Saint 5% £5.65

Wenlock and Essex Price

Camden Hells 4.6% £4.60

Camden Ink Stout 4.4% £4.60

Camden Pale Ale 4.7% £4.70

Camden Wit 4.3% £4.70

Camden Pils 4.6% £4.60

Hawkes Urban Orchard Cider 4.5% £4.50

The concern is also around off licences selling alcohol to underage children. BrewDog do,

and will, operate a strict Challenge 25 scheme, as they do across their estate and all staff will

be comprehensively trained on this.

BrewDog simply will not contribute to the problems outlined by Licensing Policy 4.

Licensing Policy 5

Under this part of the Policy, the Licensing Authority ‘expects licensed premises to have

measures in place to ensure that their customers do not contribute to problems of anti-social

drinking in the street’. We would refer to the discussion above regarding the type of alcohol

which will be sold for consumption off the premises. It will not be the type that will be

purchased for the purposes of street drinking.

In terms of drinking at the premises itself, open containers of alcohol will only be permitted

to be taken into the premises’ delineated external area. This area shall be covered by CCTV

and monitored regularly by staff and doorstaff (when employed).

Finally, the area will cease to be used for drinking at 22:00 daily.

Licensing Policy 7 and 8

The above policies both concern hours for licensable activities. Policy 7 states that the

Licensing Authority is concerned about the proliferation of ‘late night’ venues and retailers.

Again, BrewDog are anxious not to become part of this ‘late night’ economy, hence applying

only until 23:00 plus 30 minutes dispersal. The Policy states that the Licensing Authority

may look to restrict hours where it is appropriate to promote the licensing objectives, but we

would submit that the hours we have applied for are appropriate in this case. Indeed, the

Policy refers to the fact that the peak hours for alcohol related crime are between midnight

and 05:00. As detailed above, BrewDog’s customers will have left the premises and dispersed

from the area well before this time.

Licensing Policy 8 prescribes hours that will generally be given more favourable

consideration in terms of new or variation applications. As discussed, the premises will be a

combination of the educational/brewing element with an off licence element, a bar element

and a restaurant element. The hours sought for the sale of alcohol in this application accord

exactly with the hours to be given favourable consideration in respect of off licences, and are

less than the hours considered to be favourable in respect of bars and restaurants. Surely, it

therefore follows that this application must be given favourable consideration on that basis.

This part of the Policy goes on to state that applicants for premises licences falling outside

those hours must fully explain in their operating schedule the arrangements that they will put

in place to ensure that the premises does not add to cumulative impact. BrewDog has done

this, as detailed above, despite the fact that the application also falls within those hours.


Islington Council ‘seeks to encourage the highest standards of management in licensed

premises’. There is no question that BrewDog will uphold this aspect of the policy.

Management and staff are comprehensively trained and consistently supported. The operating

schedule demonstrates BrewDog’s commitment to high standards of operation and

management, and to the implementation of measures that will ensure that the premises does

not contribute to the negative cumulative impact. BrewDog are experienced in trading in

areas of cumulative impact, and in implementing strict compliance with these sorts of

measures.

BrewDog are consistently recognised for operating well managed premises which have no

association whatsoever with any negative impact upon the licensing objectives. They have

the track record referred to in licensing policy 10. For example, Sergeant Ronald Neilson of

the licensing enforcement team at Greater Manchester Police has said ‘the venue is managed

in a responsible way and contributes positively to the night time economy’.

In accordance with the suggestion in policy 10, BrewDog have met with the Police and the

Licensing Authority prior to submission of the application, as well as with local residents,

have taken account of their comments and translated these into relevant conditions which are

included in the operating schedule.

Licensing Policy 11

The Licensing Authority ‘seeks to promote mixed use premises with alcohol sales being

offered to customers alongside entertainment and food’. BrewDog will offer alcohol

alongside entertainment and education, in the way of brewing facilities and classes as well as

food. They will enhance the area by offering something different in this respect. The Policy

encourages ‘mixed use premises that will appeal to a wide range of users’. As highlighted,

this premises will be a unique mixture of uses which will hopefully have a very broad appeal.

The predominant offer of the premises will not be vertical drinking, the offer will be a

mixture between brewing, retail, drinking and eating.

There will be substantial seating offered for those drinking, as guaranteed by the condition

requiring a minimum of 42 internal and 24 external seats. Indeed, ample and communal

seating is an important part of the BrewDog experience. BrewDog look to create a convivial

environment, where customers with the same interests and expectations in terms of a ‘bar’

can relax and enjoy. They also stock all their premises with old fashioned board games, and

many customers enjoy sitting with a drink or two playing these games. BrewDog’s customers

are encouraged to sit down and to savour and appreciate their beer.

There is acknowledgement of the fact that the ‘design and offer of the premises has a strong

influence on levels of drinking and behaviour’. This really echoes BrewDog’s ethos; we look

to create the sort of design and offer of premises which encourage responsible and educated

drinking behaviours. We believe that we are successful in doing this and that this will be

replicated on Essex Road if we are granted this licence.

Licensing Policy 12

The Licensing Authority advocates a number of best practice schemes, including Pubwatch

and Best Bar None. A representative of BrewDog will absolutely be an active member of the

local pubwatch scheme for as long as it is in existence, and indeed this is conditioned in the

operating schedule.

BrewDog are also happy to take the encouragement of the Licensing Authority in applying

for the Best Bar None award and signing and displaying a copy of the Licensees’ Charter at

the premises.

Licensing Policy 13

The Licensing Authority is, naturally, keen to ensure that licensed premises co-operate with

the responsible authorities to prevent the sale of alcohol to underage children; drunkenness on

the premises; and irresponsible drinks promotions.

As noted above, BrewDog will operate a strict Challenge 25 Policy. Staff training, and

refresher training, will include the operation of this policy. Staff will also be comprehensively

trained in the laws around the sale of alcohol to intoxicated persons, and, importantly, in how

to recognise intoxication.

Incidents of intoxication at BrewDog premises are in any case rare, due to the culture of the

premises described throughout this statement.

BrewDog do not engage in ‘typical’ drinks promotions, such as happy hours or 2-4-1s.

Indeed, part of what governs the culture and clientele of the premises is the price point of the

beer. People do not come to the premises looking for cheap alcohol, and indeed it is not

offered. The only ‘promotions’ are one off advertisement/marketing offers (e.g. BrewDog

offered one free pint to anyone who voted on the day of the 2017 general election) and 10%

off for BrewDog ‘shareholders’ (those who invested in their crowdfunding schemes) on

presentation of their BrewDog card. These certainly could not be considered to be

irresponsible promotions.

Licensing Policy 14

BrewDog is not in the vicinity of the Emirates Stadium and therefore would not generally be

caught by these expectations. Furthermore, BrewDog do not, in any premises, show live

televised sports.

Licensing Policy 16

BrewDog do not consider that the premises or the area indicate a requirement for

polycarbonate drinking vessels. However, BrewDog do use toughened glass across their

estate. The premises will not operate beyond 23:00 and the external area will only operate

until 22:00. However, BrewDog will keep the use of glass drinking vessels under regular

review for any change of circumstances as part of an ongoing risk assessment, as per the

operating schedule.

Licensing Policy 17

BrewDog is not a dance venue, and indeed no regulated entertainment whatsoever is included

in this application. However, in any case, BrewDog operates a zero tolerance policy to drugs.

Licensing Policy 18

The Licensing Authority is ‘committed to protecting the amenity of residents… in the

vicinity of licensed premises’, and the same can be said for BrewDog. This is why they met

with local residents in advance of submitting the application in order to take on board their

concerns and address them in the application.

We would submit that it is unnecessary for the Licensing Authority to impose any restrictions

on the licence regarding the prevention of nuisance, as BrewDog have offered extensive

conditions in that regard as part of the operating schedule. BrewDog would be in breach of

their licence if they caused a nuisance to nearby residents. They will install sufficient

soundproofing measures to ensure that this is not the case. They have not sought any

regulated entertainment, and music in BrewDog premises is only background level. They will

be closing the external area to drinkers and diners at 22:00.

Licensing Policy 19

BrewDog have proposed conditions to ensure that ‘early morning deliveries and collections’

do not ‘result in a public nuisance’. Collections, deliveries, bottling out and the emptying of

bins into skips will not be permitted to take place before 07:00 in the morning.

Licensing Policy 20

As previously discussed, BrewDog intend to operate an external area here. However, as per

the expectations of the Policy, the area will be clearly delineated as per the plan attached to

the premises licence; will be monitored in accordance with the smoking policy submitted

with this application; and will be covered by CCTV.

Pavement obstructions will not be caused, and the external area will of course not be utilised

until a pavement café licence application has been made and approved to ensure that this is

the case.

Furthermore, the Policy is concerned that nuisance can be caused by external areas ‘late at

night’. As stated previously, this area will not be used after 22:00 daily except for smoking.

Smokers will be carefully monitored after that time to ensure that a nuisance is not caused,

again in accordance with the smoking policy.

Licensing Policy 21

The Licensing Authority state that an application for a new licence will not usually be

granted ‘unless a proposed dispersal policy is included in the operating schedule’. BrewDog

have included such a policy. BrewDog acknowledge that it is possible for nuisance to be

caused to residents/noise sensitive premises beyond the hours for licensable activities and

opening of the premises if customers loiter. They are alive to this possibility, and will ensure

that staff discourage customers from assembling outside the premises at the end of the

evening. They will also advise and encourage customers to leave the premises and its vicinity

in an orderly and quiet fashion.

The Policy also states that the Licensing Authority will normally require licensed premises to

be cleared of premises within a reasonable period, usually 30 minutes. BrewDog intend to do

just that – the opening hours will go from being unrestricted under the current licence to 30

minutes longer than the hours for licensable activities under this licence (if granted).

Licensing Policy 22

The dispersal of patrons is of course linked to their onward transport, and indeed

arrangements for accessing transport is mentioned in Licensing Policy 21. However,

Licensing Policy 22 focuses on this in more detail.

The Policy states that the Licensing Authority will ‘consider the availably of secure access to

late night public transport facilities including taxis and minicabs’. The premises is

conveniently located on a busy main road, roughly a 5-10 minute walk from a tube station

and an overground station. There is a bus stop directly across the road.

In terms of taxis, the premises will have taxi numbers displayed for customer information,

and the facility available for customers to call taxis if necessary. However, it is of course

increasingly the case that customers will use apps or their own preferred companies when

ordering taxis. What the premises will ensure, however, is that customers are actively

encouraged to wait inside for their taxis. This will achieve the aim of minimising the impact

of customers waiting/dispersing on the local neighbourhood.


The Licensing Authority requires ‘consideration of measures to protect children from harm to

be reflected in the operating schedule’.

BrewDog is happy to admit children to the premises, for example as part of a group or a

family to enjoy the pizza offering. BrewDog is family friendly across its estate, something

which the Policy is keen to promote. However, appropriate safeguards will be in place to

ensure the protection of children from harm. Children will not be permitted access to the

premises unless they are accompanied by an adult, and will not be permitted at all after 22:00.

Additionally, as already detailed, a stringent Challenge 25 Policy will be in place, both in

respect of on sales and off sales – as suggested by the Policy.

Conclusion

It is therefore clear, on review of each element of the Policy, that BrewDog meets with the

Licensing Authority’s expectations and upholds its aims.

Whilst the premises is located in a Cumulative Impact Zone, there are a number of factors

which when taken together ensure that the grant of this application will not contribute

negatively. The application reduces hours and restricts capacity in comparison to the existing

licence, and the style of operation and comprehensive set of conditions contained in the

operating schedule make this a truly exceptional proposal. We would submit that this set of

circumstances rebuts the presumption and justifies a departure from the Cumulative Impact

Policy on its specific merits.

_____________________________________________________________

THE HOPWORKS, ESSEX ROAD

DISPERSAL POLICY

_________________________________________________________

The purpose of this Dispersal Policy is to ensure, so far as it is possible, that minimum disturbance or nuisance is caused to our neighbours and to ensure that the operation of the premises makes the minimum impact upon the neighbourhood in relation to potential nuisance and anti-social behaviour. This will be achieved by exercising pro-active measures towards and at the end of the evening.

By ensuring that this Dispersal Policy document is brought to the attention of Management and Staff we will seek to encourage the efficient, controlled and safe dispersal of our patrons during our closing period.

1. At the end of the evening management and staff will assist with the orderly and gradualdispersal of patrons.

2. Staff Members (including door personnel when employed) will advise patrons to leave thepremises quickly and quietly out of respect for our neighbours.

3. Notices will be displayed requesting our customers to leave quietly and in an orderly mannerout of consideration to neighbours and their attention will be drawn to these notices bymembers of staff.

4. We will ensure the removal of all bottles and drinking receptacles from any patron beforeexiting the premises (this does not apply in the case of consumption in any delineatedexternal drinking area.)

5. We will actively discourage our customers from assembling outside the premises at the endof the evening.

Appendix 2 ii.

_____________________________________________________________


SMOKING & AL FRESCO DINING POLICY

_________________________________________________________

1. Any outside area used by customers wishing to dine, drink or smoke shall be clearlydelineated and covered by the CCTV system which will be installed at the premises.

2. The outside area shall be monitored by staff or door staff regularly at all times it is in use.

3. The area will be cleaned regularly.

4. Suitable receptacles shall be provided for smokers to dispose of cigarette butts.

5. Signs will be displayed in the area requesting customers keep noise to a minimum.

6. Patrons who disregard signage and verbal instructions regarding noise will be asked to moveinside and/or leave the premises.

7. Open containers of alcohol shall not be permitted to be taken beyond the boundary of theoutside area.

Appendix 2 iii.

1

OPERATING SCHEDULE


A) The Prevention of Crime and Disorder

1. All instances of crime and disorder shall be reported to the police.

2. An incident book shall be used to record all instances of public disorder.

3. The holder of the premises licence or its nominee shall subscribe to and participate fully in thelocal pub/club/shop watch scheme.

4. The licensee shall, in accordance with a risk assessment to be carried out by the DPS, provide asufficient number of door supervisors.

5. When door personnel are employed they will remain on duty outside the premises until allcustomers have left the area.

6. A CCTV system shall be installed, operated and maintained at the premises in agreement withthe police, with cameras positioned both internally and externally. Maintained means that thesystem will be regularly serviced (at least once a year) and checked every two weeks to ensurethat it is storing images correctly and a log kept and signed by a supervisor to this effect. Thesystem will provide an identifiable full head and shoulder image of everyone entering thepremises and will operate in any light conditions within the premises. The system shall record inreal time, be date and time stamped, and operate whilst the premises are open for licensableactivities.

7. Recorded CCTV images will be maintained and stored for a period of thirty-one days and shall beproduced to the Police or Licensing Authority (subject to the Data Protection Act 1998) within 24hours of any request. There will always be a member of staff on duty who can operate thesystem, to allow Officers to view recordings and if required by a Police Officer, provide a copy ofimages immediately free of charge to assist in the immediate investigation of offences. If thesystem malfunctions and will not be operating for longer than one day of business then Policemust be informed.

8. Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced will be in aformat so it can be played back on a standard PC or DVD player.

9. Plans indicating the position of CCTV cameras to be submitted to the Police prior to the premisesopening.

10. Alcoholic and other drinks purchased from the premises may not be taken away from theimmediate curtilage of the premises in open containers such as glasses or opened bottles (savefor consumption in any delineated external area as shown on the plan attached to the licence).

11. All off sales (save for consumption in any delineated external area as shown on the plan attachedto the licence) shall be made in sealed containers (including for the avoidance of doubt ingrowlers to be filled with draught beer on the premises for consumption by customers off thepremises).

12. Clear and prominent notices shall be displayed on the premises warning customers of the need toguard their property and to be aware of the operation of pickpockets, bag snatchers etc. Thenotices shall advise customers to report concerns to the designated premises supervisor or theperson in charge of the licensed premises.

13. Staff will be trained in the laws relating to under age sales, and that training shall be documentedand repeated at 6 monthly intervals.

Appendix 2 iv.

2

14. An incident log shall be kept at the premises, and made available on request to an authorisedofficer of the council or the police, which will record the following:

(i) all crimes reported;(ii) any complaints received;(iii) any ejections;(iv) any incidents of disorder;(v) seizure of drugs or offensive weapons;(vi) any faults in the CCTV system.

15. A refusals book will be maintained at the premises, and made available to an officer of aresponsible authority upon request.

16. Substantial food shall be available on the premises at all times that licensable activities arepermitted (subject to a wind down period prior to the closing of the premises).

17. Waiter/waitress service shall be available at all times.

18. There shall be no more than 101 persons permitted on the premises at any one time (excludingstaff).

19. A minimum number of 42 internal seats and 24 external seats (subject to the grant of a tables andchairs licence permitting this and not after 22:00 in accordance with condition C11 below) will bemaintained at the premises at all times it is trading.

20. The use of glass drinking vessels shall be the subject of an ongoing risk assessment.

21. The premises shall operate a zero tolerance policy to drugs.

22. The premises shall operate as and in the style of a BrewDog Hopworks only, and no differentconcept shall be introduced at the premises without prior consultation with the Licensing Authorityand Police.

B) Public Safety

1. Safety checks shall be carried out before the admission of the public. Details of safety checksshall be kept in a Log-book on the premises. The Log-book shall be made available for inspectionby authorised officers.

2. All exit routes shall be kept unobstructed, with non-slippery and even surfaces, free of triphazards and clearly identified.

3. Exit doors shall be regularly checked to ensure that they function satisfactorily and a record of thecheck shall be kept.

4. When disabled people are present, there must be sufficient numbers of staff and adequatearrangements must be in place to enable their safe evacuation in the event of an emergency.Disabled people on the premises must be made aware of such arrangements by staff and by theuse of appropriate signage.

5. In the absence of adequate daylight, the lighting in any area accessible to the public shall be fullyin operation when they are present.

6. Adequate and appropriate supply of first aid equipment and materials must be available on thepremises at all times.

7. The premises shall maintain public liability insurance.

3

C) The Prevention of Public Nuisance

1. Noise or vibration must not emanate from the premises so as to cause a nuisance to nearbyproperties.

2. Sufficient soundproofing measures shall be undertaken at the premises to ensure compliancewith the above condition.

3. Prominent, clear and legible notices must be displayed at all exits requesting the public to respectthe needs of local residents and to leave the premises and the area quietly.

4. The emptying of bins into skips, and refuse collections will not take place between 23:00 and07:00.

5. Bottling out from the premises will not take place between 23:00 and 07:00.

6. There shall be no deliveries or collections between 23:00 and 07:00.

7. The exterior of the building shall be cleared of litter at regular intervals.

8. A Dispersal and Smoking Policy will be implemented and adhered to (see attached).

9. The contact telephone number for the premises licence holder/designated premisessupervisor/duty manager shall be displayed inside the premises or immediately outside thepremises such that it is clearly visible from outside without the need to enter the premises.

10. Telephone numbers for taxi services will be displayed in a prominent position inside the premises,and customers shall be permitted to use the premises telephone if they do not have their ownavailable. Customers will be actively encouraged by staff and door staff (when employed) to waitinside the premises for their taxis.

11. The external area shall cease to be used for drinking and dining at 22:00 daily.

12. All doors to the premises shall be kept closed during any periods that brewing is taking place(save for access and egress).

D) The Protection of Children From Harm

1. The licensee shall adopt the Challenge 25 and the BII National Standards Proof of Age Scheme.

2. The licensee shall ensure that staff are trained about age restricted products and ensure that theysign to confirm that they have understood the training. The licensee shall keep records of trainingand instruction given to staff.

3. The licensee should regularly monitor staff to check how they are dealing with young people whoask for alcohol and other age restricted products.

4. The licensee shall put arrangements in place to ensure that before serving alcohol to youngpersons, staff ask to see accredited proof of age cards e.g. Citizencard, a Passport, or UK DrivingLicence bearing the photograph and date of birth of the bearer.

5. The licensee and staff should note any refusals to sell to young people in a refusals log. Therefusals log shall be checked and signed monthly by the designated premises supervisor. Therefusals log shall be made available for inspection by the licensing team, police or tradingstandards.

6. Children under the age of 18 shall not be permitted to enter or remain on the premises unlessaccompanied by an adult.

4

7. Children shall not be permitted to enter or remain on the premises after 22:00 daily.

Rep 1 Whitton, Daniel

From: Poole, Gary

Sent: 15 October 2017 20:47 To: Licensing; LicensingPolice; [email protected]; Brothers, Anne;

Standards, Trading; Control, Building; Gibbons, Janice; CSPU Team; S&QA; Cheqrouni - Kettani, Salah; CIPH licensing; [email protected]

Cc: Lane, Terrie; Montanez-Dodson, Monty;

Turan, Nurullah; Whitton, Daniel; Subject: Re: Premises Licence New: BrewDog Hopworks

I would like to object to this application. Essex Road is ah-eady highly satmated with licensed premises. The associated asb causes much disti·ess and annoyance to residents. This application does not offer sufficient mitigation to enable any insulation from the increase to the cumulative impact Regards

Get Outlook for iOS

From: Williams, John

Sent: Friday, September 29, 2017 5:40:19 PM

Subject: Premises Licence New: BrewDog Hopworks

Dear Sir/Madam,

We have received the following attached application for a Premises Licence (New):

Proposed licence holder BrewDog Retail Ltd, Balmcassie Commercial Pai·k, Ellon, Aberdeenshire.AB41 8BX:,

Premises name: BrewDog Hopworks

Address: 29-31 Essex Road. Nl 12SA

Application received: 28/09/17

Last date for representations:26/10/17

Worksheet number: WK/170030503

Licensable activities and timings applied for: The provision of late night refreshment from 23:00 until 23:30 Monday to Sunday; the sale of alcohol, for consumption on or off the premises, from 10:00 until 23:00 Monday to Sunday.

Regai·ds

1

Appendix 3

Whitton, Daniel

From:

Sent:

To:

Subject:

Attn John Williams

Dear Sirs

26 October 2017 18:07

Licensing

Fwd: Premises Licence New: BrewDog Hopworks

Rep2

I am a local resident at d wish to object to the Application by Brewdog Hopworks for a variation of their licence.

The premises are situated in the local paii of Essex Road near The Winchester and Wenlock and Essex and the Old Queens Head which continue to be a focus for anti social behaviour. I regulai·ly walk home from friends past the premises late at night and am well awai·e of the drnnkenness and violence on the street here. I pick my way through with great care. The premises ai·e situated below residential flats which have been badly affected by noise since Brewdog removed all ground floor insulation and subsequently refused to replace it .

Brewdog have tried and failed to sell their products accompanied by a table meal as required by the existing licence and have not trnded at the premises for some time. Their proposed " full menu of stone baked pizzas"is a half heaiied add on, food doesn't sell at Brewdog establishments which is why they wish to have this requirement removed from their licence. Experience here in Islington indicates cleai·ly that alcohol served with a table meal effectively reduces anti social behaviour.

There is considerable local concern which I share that the reality of this Variation is conversion to a Bar, with 24 outside drinkers and 77 internal drinkers together with an off licence: a ve1y different offering to that provided by the cmTent licence, which Brewdog go to great lengths to underplay in their lengthy application. Under Islington's Licensing Policy, the onus is on Brewdog to demonstrate that this proposed Vai·iation will not add to the Cumulative Impact which they have failed to do. The Vai·iation proposed is a major change to both on and off alcohol sales with considerable negative implications for local residents .

The premises ai·e situated in the Angel/Upper Street Cumulative Impact Zone in a mixed residential commercial ai·ea and the V ai·iation proposed will add to the Cumulative Impact by reason of noise and anti social behaviour . I consider that ,given the location ,the cmTent licence affecting the premises is fair and reasonable and in keeping with Islington's Licensing Objectives and should be retained and fuiiher that no off sales should be pennitted.

I would be pleased to address the Licensing Sub Committee on this at the Heai·ing.

Yours Faithfully

Sent from my iPad

Begin fo1wai·ded message:

1

Whitton, Daniel

From:

Sent:

To:

Subject:

Dear Licensing Dept

23 October 2017 22:42 Licensing

Brewdog Hopworks Essex Road Ref WK/170030503

Please find below my comments re the Brewdog Hopworks licence application.

Rep3

Premises Name and Address: Brewdog Hopworks, combined with 29-now a restaurant, 31 Essex Rd, Islington, Nl 2SA

Public Nuisance

101 capacity, drinking strnng beer, constitutes a bar to my mind, and with an an application to have outside seating would cause mise1y for the people in our development living above the premises. Noise and smoking being the main nuisance. The noise from the Wenlock and Essex opposite this premises is ah-eady rowdy and it is difficult for residents to have their windows open at night, especially at the weekend. This would just add to this frnstration with the ce1iainty of smoke rising up and entering their flats. It would be better if the outside license was not granted or outside activities restricted to the daytime only ..

With regards to the soundproofing. It is difficult for us to tiust Brewdog, as when they first attempted a business on this premises a few years ago they ripped out all the soundproofing in order to give it an "industi·ial" look, with no thought for the residents whose lives were then made a mise1y. There would need to be sti·ong assurances that top quality soundproofing is re-instated immediately.

They say in the application that skip, rnbbish collection and bottling out would not be done between 11 pm and 7am. This is not acceptable. The previous business, Giraffe Restaurant, voluntarily agreed to exclude these activities between 9pm and 9am, we would like Brewdog to do the same.

Crime and Disorder

The gates to our development, fronting Essex Road and next to Brewdog are open until 11 pm as there is a gym situated within the premises with members of the public needing access to it. This ah-eady gives us a problem in an area heavily populated with bars, pubs and restaurants with people entering the comiyard smoking, urinating, vomiting and vandalising cars and bikes not to mention mug use, just recently we had a break in. I am extremely concerned that having a bar right outside our gate, in whatever guise, would increase this problem. We have one member of staff on duty overnight from 6pm-6am. I am wonied that this would compromise him/her and would place their safety at risk, should they have to confront potentially diunk and rowdy people and ask them to leave. They are ah-eady nervous about this scenario. Beers wiith names such as "Cocoa Psycho" and "Hardcore IPA" are hardly going to appeal to a mature customer no matter what Brewdog say to the conti·aiy.

1

2

Public Safety

I am concerned that our residents and gym going members of the public using our entrance may be at risk from verbal abuse from drinkers outside the Brewdog premises, again I feel that the outside part of the application is inappropriate for the location and should not be granted. I can’t believe that people will keep within the Brewdog premises and not spill out possibly around our gateway smoking, which I think would lead to an intimidating situation for some of our residents.

I would like to add that this premises has already been subject to license creep in that when our development was first built these units were meant to be for retail only, then a restaurant licence was granted and now this is another step. Our residents who live above these units have been let down by the council here and the granting of this license would cause them worry and misery. As for the wider development we would have increased costs if we have to clear up after the night before ( more than we do already) and a level anxiety for our night staff which is unacceptable. I am also concerned that this is another step before Brewdog have the pure bar they really want.

Many thanks

23/10/2017

Whitton, Daniel

From:

Sent:

To:

Subject:

16 October 2017 16:55

Licensing

RE: Premises Licence New: BrewDog Hopworks

Rep4

I object to this application. This end of Essex Road is a trouble spot for ASB and has a huge number of outlets selling alcohol most of them alcohol led. There are flats above and at the back of these premises and there are also residential prope1ties overlooking Islington green.

I have read the cumulative impact statement and would comment as follows on that and on the application.

One of the main points is that there will be a reduction in the licensed hours of trading from the cmTent licence. However the cmTent licence was for a restaurant this is a ve1y different business and for all the availability of stone baked pizzas it is an alcohol led based venture.

The application offers to restrict the number of clients to 77 internal and 24 external which is 101 in total. This is a lot of people and although it is said that there will be seating for 65 % there is no requirement that 65% should be seated so all 101 could stand. In order to seat than many they would have to be drinking as a party as there is an assumption of 6 to a table outside and 4 inside. It is therefore likely that a significant number will be standing.

Unless inside the tables marked 4 are 4 either side it is difficult to see how there is internal seating for 42 people but doubling up the "4 seater benches" would create 48 seats with some extra from the seating by the door and possibly at the poseur tables. The seating plan needs clarifying .

Although there is a comparison with Wenlock and Essex's prices that is a limited range of beers and is of beers with a lowish ABV.

If you look at the "Hop Propaganda" magazine which was handed out to residents it is clear that many of Brewdog's beers are high strength. Tropic Thunder- 7% Albina Squid Assassin-7.4% Expo1t Stout- 7.7% Yuzu-8.2% DIPA VII9% Clown Shoes Crasher in the Rye 11.5% Hop shot 22% Who knows the strength of the "home brew" kits which will be sampled. In addition there are a fmther 6 listed where the ABV is over 6%.

A drinker would not need much of any of these to become drnnk. In other establishments which sell these strength beers they only sell them in third pint glasses and only one drink of high strength beer. There is no such offer here.

Although there is an offer to close the outside seating at 1 Opm smokers could an would go outside creating noise. People leaving the venue would be noisy which would go on until 23:30.

It is unclear how much brewing will be unde1taken but this can be a smelly operation and the equipment will need regular attention. The outlet from the pizza oven will also require venting and could be smelly.

1

I would also que1y the planning situation. I understand the premises cmTently have an A3 use and this is not an A3 business. It is probably a drinking establishment which is A4 . Even if one accepts a large food provision is an AA use. It is possible that the mix of 3 uses A 1 A4 and AA requires a sui gen eris penmss1on.

The planning does not alter the fact that this is not an appropriate location for the business envisaged. The application should be refosed.

From: Williams, John [mailto:[email protected]] Sent: 29 Se tember 2017 17:40

Subject: Premises Licence New: BrewDog Hopworks

Dear Sir/Madam,

We have received the following attached application for a Premises Licence (New):

Proposed licence holder BrewDog Retail Ltd, Balmcassie Commercial Park, Ellon, Aberdeenshire.AB41 8BX:,

Premises name: BrewDog Hopworks

Address: 29-31 Essex Road. Nl 12SA

Application received: 28/09/17

Last date for representations:26/10/17

Worksheet number: WK/170030503

Licensable activities and timings applied for: The provision oflate night refreshment from 23:00 until 23:30 Monday to Sunday; the sale of alcohol, for consumption on or off the premises, from 10:00 until 23:00 Monday to Sunday.

Regards

John Williams Licensing Team

2

Whitton, Daniel

From:

Sent:

To:

Forde, Niall

24 October 2017 09:35

Whitton, Daniel

Rep5

Subject: FW: BREWOOG HOPWORKS LN/2908-310715 (DOG EAT DOG) 29-31 ESSEX ROAD

ISLINGTON Nl 2SA.

FYI

From:

Sent: 23 October 2017 17:14 To: Forde, Niall <[email protected]>

Cc:

Subject: BREWDOG HOPWORKS LN/2908-310715 (DOG EAT DOG) 29·31 ESSEX ROAD ISLINGTON Nl 2SA.

Dear Sir, I write to object to the granting of this application. I cannot do much better than to endorse the sentiments expressed in her letter of objection by-. I might add that the seemingly inexorable tide of alcoholic outlets is severely damaging to the nature of Camden Passage locality (which includes the Southern end of Essex Road). Only those ( usually from outside the borough) seeking solace in drink will now come to the area. The resultant damage to the lifestyle of residents and the trade of traditional shop keepers is inestimable. I should like to attend the meeting of the Licensing Committee. Yours faithfully,

1

Whitton, Daniel

From:

Sent:

To:

Subject:

Application reference: WK I 170030503

23 October 2017 09:49 Licensing

Rep 6

Application reference: WK I 170030503 - BrewDog HopWorks (29-31 Essex Road, Islington, London Nl 2SA)

Application name: BrewDog HopWorks (29-31 Essex Road, Islington, London N l 2SA)

Dear Sir/Madam,

I refer to the Licensing Act 2003 Premises Licence Application above.

I note that the applicant seeks pennission to use the pre1nises for brewing purposes and, more worrying, as a bar for up to 101 people to be able to consmne alcohol both inside the pre1nises and on the street outside the pre1nises without food. As the representative for Lilford Properties Litnited and Uptrend Holdings Litnited the owners for flats we finnly oppose this application.

We are concerned that turning �t into a bar will adversely affect the nature and character of the Angel on the Green development as a whole and o� particular. It will be almost itnpossible to quietly enjoy our living spaces on any given evening.

The presence of brewing equipment raises obvious issues of health and safety, not to mention increased insurance premiums due to increased risks.

No matter what procedures are put ill place it will create significant noise and nuisance issues inevitably exposing us to incidents of antisocial behaviour. With some of our tenants having young families this is pruticularly wonying.

We do not feel as thought this type of application is necessaiy for the ai·ea given the high number of similar businesses premises in the established areas for bai·s and restaurants ai·ound Islington. This merely encroaches farther on the more residential areas.

Yours Faithfolly

For and on Behalf of

Lilford Prope1iies Limited -Uptrend Holdings Li.mite

1

Licensing Service London Borough of Islington 3rd Floor 222 Upper Street London N1 1XR

By Post and By Email [email protected]

Dear Sirs

Reference: WK/ 170030503

23 October 2017

Premises: BrewDog HopWorks, 29-31 Essex Road, Islington, London N1 2SA

Application: Licensing Act 2003 - premises licence application - new Representations from a resident who opposes the application

Rep 7

Your undated letter about BrewDog's application for a new licence and containing a submission deadline of 26 October was received by me on 18 October - for which many thanks. Pursuant to the invitation contained in your letter, I now write to provide you with my representations in respect of BrewDog's 'change of use' application. I make my submissions in the capacity of a resident living in the same building in which BrewDog is located.

Introduction

In summary, and for the reasons stated below, I oppose certain fundamental aspects of BrewDog's application. In particular, I object to any change of use or change of licence that:

1. would allow the premises, or the street immediately outside the premises, to be usedas a public house or bar in which alcohol can be purchased and consumed on-sitewithout a substantial meal (including in the street outside);

2. does not require proper and effective sound insulation measures to be installed (or,more accurately, reinstalled) in the premises in recognition of its immediate proximityto residential accommodation and the residential nature of the Angel on the Greendevelopment in which it is situated; or

3. permits deliveries, bottle collections, rubbish collections or noisy cleaning activities totake place at anti-social hours, including early in the morning, late in the evening or inthe middle of the night.

Background matters

BrewDog occupies premises on the ground floor of Roberts Court. Roberts Court forms part of the 'Angel on the Green' development. Angel on the Green is a residential development situated on Essex Road. The Angel on the Green development is located within Islington Council's Angel and Upper Street Cumulative Impact Plan Area.

My views

. My flat is locatedtly leased to Brew

, BrewDog's premises, I amrewDog's premises - hence my

Provided they are made conditions of any licence that is granted, I accept the assurancesthat BrewDog's managing director has now given to the residents of the Angel on the Greendevelopment (and in its application, also to Islington Council) that if BrewDog's application isgranted in any form, he will ensure that:

• the ceiling and the sound insulating and sound deadening measures which becauseof the residential accommodation above it were installed in the unit when it was builtand which without notice or the necessary permissions BrewDog stripped out of theunit when it acquired the lease from the previous occupier, Giraffe, are replaced andreinstalled before the unit opens for business; and

• responsible and effective operational practices are put into effect during the buildingworks and when the unit is open for business to ensure that there is no repeat of theseveral and considerable nuisances that were caused -residents when BrewDog first refurbished the uni an w en I previous yoperated it as a restaurant (including noise from the premises, noise from customersusing the street outside the premises, noise from heavy street furniture beingdragged outside and inside at anti-social hours, deliveries and collections (includingbottle smashing and rubbish collections) taking place in the middle of the night(including between 2.00 am and 6.00 am), and noisy cleaning activities taking placein the middle of the night (again between 2.00 am and 6.00 am).

As indicated above however, there are nevertheless aspects of BrewDog's application whichcause me grave concern and which I believe engage Islington Council's Licensing Policyand Cumulative Impact Plan for the Angel and Upper Street Area, in particular: (1) thelicensing objective that is intended to prevent public nuisances; and (2) the licensingobjectives that are designed to prevent disorder and ensure public safety.

Provided that:

(A) effective sound insulation measures are installed I re-installed in the unit to deadensound within the unit and to�eating from the unit or from the streetimmediately outside the unit-; and

(B) responsible and effective operating procedures are put in place to prevent noise andnuisances from the unit and from the street outside inconveniencing residents of- properties, and to prohibit deliveries and collections, including bottle and

collections, and noisy cleaning activities, at anti-social hours,

I have no objection to the unit being used as:

(a) a dining establishment which serves alcohol with proper meals of substance (such asthe proposed pizza menu) for consumption within the premises;

-2-

-3-

(b) an off-licence that sells alcohol for consumption off and away from the premises,provided it does not operate late into the evening or during the night; and/or

(c) educational purposes of the kind identified in BrewDog’s application, if both noiseand brewing smells are effectively controlled and managed.

I do, however, strongly oppose any change of use or change of licence that:

1. would allow the premises, or the street immediately outside the premises, to be usedas a public house or bar in which alcohol can be purchased and consumed on-sitewithout a substantial meal (including in the street outside);

2. does not require proper and effective sound insulation measures to be installed /reinstalled in the premises in recognition of its immediate proximity to residentialaccommodation and the residential nature of the development in which it is situated;or

3. permits deliveries, bottle and rubbish collections or noisy cleaning activities to takeplace at what are for residential purposes (if not for pub or bar purposes) anti-socialhours, namely early in the morning, in the evening and in the middle of the night.

Detailed representations

Each of the three areas of concern I identify above I elaborate upon below:

1 Public house / bar

1.1 This unit has already been subject to considerable licence ‘creep’. I am the original owner and occupier of my flat. I purchased it ‘off the plans’ before it was built. Before I agreed to buy it, I enquired what the unit would be used for. The developer told me that the planning permission was for retail use, that it would be a shop of a nature consistent with the nearby Camden Passage area and that it would be open during the day and not at night. After I brought my flat and moved in however Giraffe acquired the lease of the unit and operated it as a restaurant. Unbeknown to me therefore the developer or Giraffe must subsequently have applied for and been granted a change of use from retail to restaurant use.

1.2 There has already been therefore one material change of use in respect of this unit from (quiet) retail to (nosier) restaurant use. That previous change of use also resulted in the operator’s activities expanding from inside the unit only to include use of the street outside as well - something that would not have happened had it remained a retail outlet.

1.3 A further change now, from restaurant to public house / bar use, is, I submit, a change too far, and I object to it for these reasons:

1.3.1 Angel on the Green is a residential development. BrewDog knew that when it acquired its lease. Allowing part of the development now to be used as a ‘pub’ would retrospectively change the nature and character of the entire development. It would also be unfair on residents such as myself who would not have purchased their flats had they known they would later find themselves living directly above a pub and immediately next to groups of people drinking alcohol and smoking on the street outside. Because no-one wishes to live above or next to a pub, as well as impacting negatively on our enjoyment of our homes and on our private lives, such a retrospective change of use now would also affect our ability to sell our flats and thus the value of our flats.

1.3.2 One thing this area does not need is another pub. There are already a large number of drinking establishments of every description in the area. Alcohol fuelled noise, rubbish and, sometimes at night, and particularly at weekends, anti-social behaviour and public disorder, is already an issue for local residents. There is a place for pubs - just not inside what is, and what was conceived and marketed as, a residential development.

1.3.3 I am especially opposed to any change of use or licence that would allow people to drink or smoke on the street . The area in question is

s1 e rom e 1mpac a a owing s ree rm mg wou ave on e c aracter and amenity of the Angel on the Green

development as a whole, it would also cause noise and smoke issues for me in particular. Groups of people drinking outside other pubs in the area, including the Wenlock Pub, particularly at night, and especially at weekends, already creates a noise nuisance for local residents. Cigarette smoke permeating into our flats ............ would also be an issue. Allowing the street outside� by drinkers and smokers would not only create a noise nuisance, it would also mean that I can never open my windows.

1.3.4 Unlike eating a meal, which is a quiet and leisurely activity, drinking alcohol, particularly higher strength beers of the kind that BrewDog sells, causes people to become louder and more boisterous. Pub use, both inside the premises and on the street outside, has the potential to cause far more noise and greater nuisances to neighbours, including adjoining residents like myself, than other types of use. The higher risk nature of bar activities is evidenced by the fact that bars are heavily regulated, carefully licensed and required to employ SIA accredited door-men ('bouncers'). I note what BrewDog says in its application about its typical I target customer, but when it was previously operating this unit as a restaurant it was evident that it also attracts normal pub users, some of whom originate from other pubs in the immediate vicinity, including, and particularly at weekends, groups of young males on a night out. They might not be BrewDog's target customer, or its typical customer, but they were being attracted and they were being served when BrewDog's restaurant was in operation. Turning the premises into a pub or bar will only attract even more normal pub users.

2.1 The original sound insulation measures which were required to be built into the unit to protect the residential accommodation were effective at stopping noise from the unit for the several years when BrewDog's

2.2 When BrewDog acquired the lease however. the first thing it did was to substantially strip bare the whole of the inside of the unit ("gutting" was the word that its builders used to describe what they were doing when I and other residents spoke to them about noise issues). BrewDog has removed and not replaced the ceiling ..... ........ has also stripped back and hardened the whole o� �ering and exposing pipes and the like, which now make a loud 'tinny' sound when they are struck. Removing the original ceiling and the ceiling cavity within it, exposing pipes and generally hardening the interior has created a noise problem that was not present previously.

-4-

2.3 e s ree a rew og now w1s es I s cus omers o e a e o use or

rm mg a cohol and smoking. The use of the street by BrewDog's customers when it was operating as a restaurant created noise issues, particularly in the evening. BrewDog's staff dragging large and heavy pieces of street furniture outside in the morning and back inside again late at night because they were too heavy to lift and too bulky to be stored inside the unit when it was open for business, also created noise issues, particularly late at night.

3 Operational activities

3.1 The previous operator of the premises, Giraffe, voluntarily agreed not to use the street outside the unit before 9.00 am or after 8.00 pm, and not to put tables and chairs on the street before 9.00 pm and to take them inside again before 8.00 pm. Giraffe also instructed it supplies and its contractors that there were to be no deliveries or collections, including rubbish collections, before 9.00 am or after 8.00 pm. As a responsible and considerate operator, it did this notwithstanding the terms of its Street Licence and in order not to cause noise or nuisance issues for residents.

3.2 Because of the residential nature of the Angel on the Green development in which BrewDog is situated, and in light of the previous problems caused by BrewDog's use of the street and its middle of the night deliveries, collections and cleaning activities (as described above), if you are minded to accede to its application in any form, I request that you include similar time restrictions in respect of street use and operational activities as conditions in any licence you grant.

If I can assist further, please let me know.

Yours faithfully,

-5-

Rep8

Whitton, Daniel

From:

Sent:

To:

o er

Licensing

Subject: Re: BREWDOG HOPWORKS LICENSING APPLICATION

Hi John

Thanks for your email.

My address i

Regards

Sent from my iPhone

On 24 Oct 2017, at 12:17, Licensing <[email protected]> wrote:

Pl. provide your full residential address if you wish me to accept your email as a representation

against this licence application.

Regards

John Williams

Licensing Support Officer

Public Protection

222 Upper Street

London

Nl lXR

Tel: 020 7527 3803

Fax: 020 7527 3430

Email: [email protected]

From

Sent: 24 October 201711:38

To: Licensing <[email protected]>

Subject: BREWDOG HOPWORKS LICENSING APPLICATION

Dear Sirs

Thank you for the opportunity to comment on the Brewdog Hopworks licensing application which is

a thinly veiled application for yet another drinking establishment that we do not need in this

nto the pavement area outside of Brewdog and am therefore

concerned that pavement drinking and smoking will create an unacceptable level of nuisance

seriously affecting my ability to open windows and therefore degrading my own quality of life. The

current levels of noise and antisocial behaviour emanating from the existing bars is already at an

unacceptable level and is getting worse nd

ustomers noise level and behaviour whilst drinking and

smoking outside their premises and when leaving. I have no wish to further add to this level of

disruption.

On that basis I would therefore hope that this application is declined.

1

Suggested conditions of approval consistent with the operating schedule

1. All instances of crime and disorder shall be reported to the police.

2. An incident book shall be used to record all instances of public disorder.

3. The holder of the premises licence or its nominee shall subscribe to and participate

fully in the local pub/club/shop watch scheme.

4. The licensee shall, in accordance with a risk assessment to be carried out by the

DPS, provide a sufficient number of door supervisors.

5. When door personnel are employed they will remain on duty outside the premises

until all customers have left the area.

6. A CCTV system shall be installed, operated and maintained at the premises in

agreement with the police, with cameras positioned both internally and externally.

Maintained means that the system will be regularly serviced (at least once a year)

and checked every two weeks to ensure that it is storing images correctly and a log

kept and signed by a supervisor to this effect. The system will provide an identifiable

full head and shoulder image of everyone entering the premises and will operate in

any light conditions within the premises. The system shall record in real time, be

date and time stamped, and operate whilst the premises are open for licensable

activities.

7. Recorded CCTV images will be maintained and stored for a period of thirty-one days

and shall be produced to the Police or Licensing Authority (subject to the Data

Protection Act 1998) within 24 hours of any request. There will always be a member

of staff on duty who can operate the system, to allow Officers to view recordings and

if required by a Police Officer, provide a copy of images immediately free of charge to

assist in the immediate investigation of offences. If the system malfunctions and will

not be operating for longer than one day of business, then Police must be informed.

8. Where CCTV is recorded onto a hard drive system, any DVDs subsequently

produced will be in a format so it can be played back on a standard PC or DVD

player.

9. Plans indicating the position of CCTV cameras to be submitted to the Police prior to

the premises opening.

10. Alcoholic and other drinks purchased from the premises may not be taken away from

the immediate curtilage of the premises in open containers such as glasses or

opened bottles (save for consumption in any delineated external area as shown on

the plan attached to the licence).

11. All off sales (save for consumption in any delineated external area as shown on the

plan attached to the licence) shall be made in sealed containers (including for the

avoidance of doubt in growlers to be filled with draught beer on the premises for

consumption by customers off the premises).

12. Clear and prominent notices shall be displayed on the premises warning customers

of the need to guard their property and to be aware of the operation of pickpockets,

bag snatchers etc. The notices shall advise customers to report concerns to the

designated premises supervisor or the person in charge of the licensed premises.

13. Staff will be trained in the laws relating to under age sales, and that training shall be

documented and repeated at 6 monthly intervals.

Appendix 4

14. 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. any complaints received;

c. any ejections;

d. any incidents of disorder;

e. seizure of drugs or offensive weapons;

f. any faults in the CCTV system.

15. A refusals book will be maintained at the premises, and made available to an officer

of a responsible authority upon request.

16. Substantial food shall be available on the premises at all times that licensable

activities are permitted (subject to a wind down period prior to the closing of the

premises).

17. Waiter/waitress service shall be available at all times.

18. There shall be no more than 101 persons permitted on the premises at any one time

(excluding staff).

19. A minimum number of 42 internal seats and 24 external seats (subject to the grant of

a tables and chairs licence permitting this and not after 22:00 in accordance with

condition 40 below) will be maintained at the premises at all times it is trading.

20. The use of glass drinking vessels shall be the subject of an ongoing risk assessment.

21. The premises shall operate a zero tolerance policy to drugs.

22. The premises shall operate as and in the style of a BrewDog Hopworks only, and no

different concept shall be introduced at the premises without prior consultation with

the Licensing Authority and Police.

23. Safety checks shall be carried out before the admission of the public. Details of

safety checks shall be kept in a Log-book on the premises. The Log-book shall be

made available for inspection by authorised officers.

24. All exit routes shall be kept unobstructed, with non-slippery and even surfaces, free

of trip hazards and clearly identified.

25. Exit doors shall be regularly checked to ensure that they function satisfactorily and a

record of the check shall be kept.

26. When disabled people are present, there must be sufficient numbers of staff and

adequate arrangements must be in place to enable their safe evacuation in the event

of an emergency. Disabled people on the premises must be made aware of such

arrangements by staff and by the use of appropriate signage.

27. In the absence of adequate daylight, the lighting in any area accessible to the public

shall be fully in operation when they are present.

28. Adequate and appropriate supply of first aid equipment and materials must be

available on the premises at all times.

29. The premises shall maintain public liability insurance.

30. Noise or vibration must not emanate from the premises so as to cause a nuisance to

nearby properties.

31. Sufficient soundproofing measures shall be undertaken at the premises to ensure

compliance with the above condition.

32. Prominent, clear and legible notices must be displayed at all exits requesting the

public to respect the needs of local residents and to leave the premises and the area

quietly.

33. The emptying of bins into skips, and refuse collections will not take place between

23:00 and 07:00.

34. Bottling out from the premises will not take place between 23:00 and 07:00.

35. There shall be no deliveries or collections between 23:00 and 07:00.

36. The exterior of the building shall be cleared of litter at regular interval.

37. A Dispersal and Smoking Policy will be implemented and adhered to.

38. The contact telephone number for the premises licence holder/designated premises

supervisor/duty manager shall be displayed inside the premises or immediately

outside the premises such that it is clearly visible from outside without the need to

enter the premises.

39. Telephone numbers for taxi services will be displayed in a prominent position inside

the premises, and customers shall be permitted to use the premises telephone if they

do not have their own available. Customers will be actively encouraged by staff and

door staff (when employed) to wait inside the premises for their taxis.

40. The external area shall cease to be used for drinking and dining at 22:00 daily.

41. All doors to the premises shall be kept closed during any periods that brewing is

taking place (save for access and egress).

42. The licensee shall adopt the Challenge 25 and the BII National Standards Proof of

Age Scheme.

43. The licensee shall ensure that staff are trained about age restricted products and

ensure that they sign to confirm that they have understood the training. The licensee

shall keep records of training and instruction given to staff.

44. The licensee should regularly monitor staff to check how they are dealing with young

people who ask for alcohol and other age restricted products.

45. The licensee shall put arrangements in place to ensure that before serving alcohol to

young persons, staff ask to see accredited proof of age cards e.g. Citizencard, a

Passport, or UK Driving Licence bearing the photograph and date of birth of the

bearer.

46. The licensee and staff should note any refusals to sell to young people in a refusals

log. The refusals log shall be checked and signed monthly by the designated

premises supervisor. The refusals log shall be made available for inspection by the

licensing team, police or trading standards.

47. Children under the age of 18 shall not be permitted to enter or remain on the

premises unless accompanied by an adult.

48. Children shall not be permitted to enter or remain on the premises after 22:00 daily.

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