Agenda item

The decision

 

The Licensing sub-committee in considering this decision from the information

presented to it within the report and at the hearing today has determined that having regard to the promotion of all the licensing objectives:

 

? The prevention of crime and disorder;

? Public safety;

? Prevention of public nuisance;

? The protection of children from harm;

 

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the conditions set out in paragraph 8.1 of the report, with the following amendment :-

 

The opening hours and the hours for licensable activity are:

 

Opening Hours:  

Monday to Sunday    10:00 - 23:00

 

Plays: 

Wednesday to Saturday    19:00 - 22:30

 

Live Music: 

Wednesday to Friday  19:00 - 22:30

Saturday  12:00 - 16:00

Saturday  19:00 - 22:30

Sunday  16:00 - 21:00

 

Recorded Music: 

Monday to Sunday      12:00 - 22:30

 

Supply of Alcohol (On the premises): 

Wednesday to Saturday    17:00 - 22:30

Sunday   17:00 - 22:00

 

 

? Condition 18 shall be amended to read as follows:

“ There shall be a maximum of 3 smokers outside the premises at any one time”.

 

And the following conditions:

 

? All supply of alcohol shall be to guests attending a ticketed or pre-booked

event only.

 

? There shall be a personal licence holder on the premises whenever alcohol is being sold.

 

? The maximum number of persons allowed at the premises shall not exceed80 persons, subject to the following maximum occupancies:

 

The downstairs Street Front Gallery - 30 persons

The upstairs Workshop space - 50 persons

 

 

The Sub-committee approved the application with the above amendments and additional conditions agreed with the applicant for on-sales of alcohol at the premises which would prevent the licensing objectives being undermined.

 

The Sub-committee took into consideration that the Applicant had agreed conditions with the Metropolitan Police Service and Environmental Enforcement in advance of the hearing, and both Responsible Authorities subsequently withdrew their objections to the application.

 

The Sub-committee noted that Environmental Protection made an objection to the application based on the use of the smoking area, and conditions not agreed before the hearing. The Sub-committee was very disappointed that they did not attend the hearing to make their representations.

 

The Sub-committee also took into consideration the objection raised by Other Persons (a representation on behalf of local residents), and their concerns about noise emanating from the premises. In addition to concerns about the customers' entry into the premises due to the side entrance being used for entering and exiting the smoking area.

 

The Sub-committee heard submissions from the Applicant that the premises opened in 2021 where they have local art exhibitions, workshops, clases, and they plan to hold occasional live music events. The sale of alcohol allows the Applicant to offer the space for free or at a low price for local artists to show their art work. The Applicant contended that supply and consumption of alcohol will not be the primary use of the premises, and all music will end by 22:00. The Applicant made submissions that event planning had helped prevent a disturbance to local residents in the area, and the opening hours reflected the intention not to operate the premises as a late night bar.

 

The Sub-committee took into account the Applicant’s submissions about how they intended to overcome complaints and concerns raised by the local residents regarding sound proofing of the building due to the music events, and the fire door with a glass frontage, and the impact on the area as follows:

 

i) By reducing the number of late night bookings to a minimum, with the majority of events ending by 23:00;

ii) Only serving drinks in conjunction with events, and not having the bar open to the general public every day of the week;

iii) By not permitting the fire exit to be opened by guests, and used as a smoking area or entrance/ exit during events;

iv) That the designated smoking area to be downstairs at the front of the premises with the maximum of three (3) smokers as agreed with the Police;

v) The Security Industry Authority (SIA) door supervisors shall be employed on a risk assessment basis;

 

 

After considering all the representations made by the parties, the Sub-Committee was reassured that the premises would operate within Core hours in accordance with Policy LP3, and that alcohol will be served ancillary to a ticketed or pre-booked event. The Sub-committee also noted the Applicant’s willingness to work with local residents, and Environmental Protection to resolve the noise nuisance issues, and their intention to operate the premises responsibly. The Sub-committee took into account that sound proofing of the premises was an on-going issue.

 

Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied that the application could be approved without the licensing objectives being undermined.

 

Public Informative

 

1.  The licence holder is encouraged to continue working with the Metropolitan Police Service and Environmental Protection, regarding issues relating to noise nuisance and sound proofing the premises. In addition to working with local residents to deal with any issues arising.

 

2.  The licence holder, the event organisers and their staff are advised to play their part in reducing any impact of noise emanating from the premises during the events and late at night.