Agenda item
Licensing Act 2003 Application for variation of the Premises Licence for Studio Space Ltd, 110 Pennington Street, Wapping London E1W 2BB
Minutes:
At the request of the Chair, Ms Kathy Driver, Principal Licensing Officer, introduced the report which detailed the application for variation of the Premises Licence for Studio Space Ltd, 110 Pennington Street, Wapping London E1W 2BB.It was noted that objections had been received from local residents.
At the request of the Chair, Ms Sarah Clover, the Applicant’s legal representative, presented the application. She stated that this was a relatively modest variation concerning the use of the outdoor space adjacent to the existing premises. For background, Ms Clover explained the current licence related to the nightclub, which had been in operation since 2011 and was managed by Studio Space Limited. She said the application had been put together by Mr Murkett, a licensing and acoustic consultant, and referred Members to page 67 of the agenda, which provided a written summary of the application. Ms Clover said the granting of the licence would result in the positive reuse of a derelict piece of land which had previously attracted anti-social behaviour. She explained her client, Mr Yuval Hen, wanted to use the outdoor space as a garden to serve alcohol, refreshments and regulated entertainment.
Ms Clover described the outdoor space as a glorified beer garden with planters, flower beds, foliage and acoustic barrier. She said freelancers such as street and food traders were invited to use the space, which had a bohemian ambiance. Ms Clover said Mr Yuval Hen had been creative during the pandemic crisis, especially as the nightclub had been out of use for about nine months. She said under the Business and Planning Act 2020, Mr Yuval Hen did not require a licence, however, in order for the Licensing Authority to have some control, he had submitted the present variation application. Mr Hen had successfully demonstrated through the TENs applications, over the summer, that the outdoor space could be used positively. She said her client Mr Hen was seeking to make this a permanent fixture and was applying to have a licence with conditions attached, which unified the space for the betterment of the community.
Ms Clover said the application had attracted a huge amount of support with over 500 supporters, 120-130 of which had representations included in the agenda pack. She said some people were asked not to make formal submissions as the amount of written submissions crashed the Council’s website and created additional work for the licensing officers who were required to verify each submission. She said a modest 9:00 p.m. licence for the outdoor space was being sought, even though the Home Office guidance and the Council’s framework hours recognised 11:00 p.m. as the watershed. Ms Clover continued stating it was noteworthy the absence of any representations from the Responsible Authorities. She said the issues raised by some of the objectors and the Residents Association were known to the Responsible Authorities, yet they’d resisted making objections to the application. Ms Clover said the Responsible Authorities had collaborated and offered conditions for the licence.
Ms Clover stated the financial aspects of the business ought to be considered and referred to the ‘Hope and Glory’ case where Lord Justice Toulson outlined the list of things licensing decisions makers ought to take into consideration. She noted that the interest of local businesses and economy should not be disregarded.
In respect of the objection from Tobacco Dock and proposed conditions put forward by Mr Read, Ms Clover said it was inappropriate for a competitor to be designing and putting forward suggested licence conditions. Ms Clover said it was clear Tobacco Dock were not objecting to the license per se but had put forward conditions relating to noise and noise nuisance. She said Tobacco Dock were not the receptor for the noise coming from the premises and therefore if Environmental Health had not objected to the licence, it was inappropriate for Tobacco Dock to suggest conditions, which were vague in nature.
Members then heard from the objectors, Ms Sally Unwin, Chair of St Katherine and Wapping Residents Association, and Mr Jonathan Read, Commercial Director of Tobacco Dock.
Ms Unwin stated she had great sympathy for local businesses who were operating in difficult circumstances especially those in the entertainment and hospitality sectors. However, the interests of commercial premises needed to be balanced against the interests of local residents who bore the brunt of public nuisance, noise and anti-social behaviour in the area. Ms Unwin questioned the support for the application and said of the written submissions there were only a small handful with the E1W postcode. She believed that most of the supporters were not from the area.
Ms Unwin highlighted the issues of crime and disorder and public nuisance including regular instances of noise disturbance, drug dealing, nitrous oxide use, littering, urination and taxis’ double parking to pick up clubbers. She said residents were concerned that the outdoor space was double the size of the space used in the summer on a temporary basis. She believed that the premises would attract more people to the area as well as drug dealers. She said it was clear the battle against drug dealers was being lost and referred to instances where drug dealers brazenly sold drugs using contactless payment.
Referring to public safety, Ms Unwin said patrons of Studio Space Limited failed to comply with social distancing when queuing for the garden and the lack of pavement space meant it was difficult for residents to pass. Ms Unwin said parents were concerned with the opening of the garden from 8:00 a.m. Under normal circumstances, Mr Hen’s nightclub would finish at 7:00 a.m. and the garden would open at 8:00 a.m. She said with two schools on either side of Pennington Street this was alarming and proposed the garden space operate from twelve noon. Ms Unwin stated that local residents frequently experienced noise nuisance and that they needed a break from the disturbance.
Ms Unwin suggested that speakers and lighting should face inwards and both Studio Space Limited and Tobacco Dock should ensure there was no overlap of major events. She said residents wanted improved security of the whole street which ensured patrons entering or leaving the area did so quietly and that footpaths were not obstructed.
Mr Jonathan Read, from Tobacco Dock, addressed the Sub-Committee and stated their submission was not a letter of objection, but a request for a level playing field between the two venues. Mr Read stated Site 5, the proposed outdoor area, was not a delict site as suggested by Ms Clover but a unit parking site for a film production company over the last three years. Mr Read said it as a misnomer to say the space was a garden and said it was better described as a pop-up bar. Mr Read praised Mr Hen’s ingenuity, especially in the hard times faced in the pandemic, and said he had sympathy for a fellow operator looking at alternative ways to increase revenue. He said many entertainment businesses were facing a tough economic climate.
Mr Read said the proposed conditions put forward were the conditions on their licence and whilst he understood Tobacco Dock could not impose the same conditions, he believed them to be a reasonable framework to start with. Mr Read said most of the concerns had been covered by Ms Unwin but highlighted that the monitoring of noise from the open outdoor space remained a concern, despite the promise of a noise limiter. Mr Read said Tobacco Dock had collaborated with Studio Space Limited to provide joint security over the summer months and said he’d be happy to continue to work with Mr Hen on this basis. He said the Skylight Bar, which is owned by Tobacco Dock had not attracted drug dealers however there was a general problem with drug dealers in the area as well as balloon sellers. Mr Read said he was surprised the Police had not objected to the application, but it was clear both the authorities and the operators were powerless to tackle the anti-social drug element that had arisen at present and said something needed to be done about this.
In response to questions the following was noted:
- No complaints had been received about the premises. A few generalised complaints from a mix of residents had been received about issues in the area.
- A large number of supporting representations had been received, of which there was a mix of postcodes. Some of the representations were from addresses within Tower Hamlets, some from other London areas, plus a few further afield.
- Direct reference had not been made to the four licensing objectives in the presentation made Ms Clover as she believed these had been clearly set out in the application and operating schedule. Ms Clover said she used her time to address the concerns raised by the objectors. In relation to noise, Ms Clover said the proposed condition referred to noise generated from the outdoor space to be ‘inaudible’ to residents who were 150 meters away. She said the TENs had tried and tested this, throughout the summer, which had proven this not to be an issue as no complaints had been received. Ms Clover said the general complaints did not relate to the outdoor area which was seeking a licence to 9:00 p.m.
- Clarification was provided regarding the variation sought. Ms Clover said the garden area would operate separately from the nightclub. She said the last drink would be served at 9:00 p.m. with a half hour drinking up time until 9:30 p.m. Regarding smoking, this is not a licensable activity, but the application made clear the designated area for smoking would be this outdoor space between 21:30 till 08:00 a.m.
- Mr Hen confirmed that patrons from the nightclub would be allowed to take alcohol to the designated smoking area. Mr Hen added that the outdoor area was gated and split into two zones, A and B. Zone A would be used by smokers which would lower the impact on residents, as currently smokers smoke on Pennington Street itself.
- Members were informed that portable toilets with sinks and running water were provided in the garden space. Discussion on the number of toilets on site and if this should be included in the operating schedule, led Counsel to advise that a specific number ought not to be stated as this would make the condition rigid. She suggested a policy be in place which recognised the number of toilet facilities may increase or decrease over time.
- Mr Hen concurred with a later start time for the garden as suggested by Ms Unwin however said 8:00 a.m. was applied for, as this would make it consistent with the timings of the nightclub, although the intention is never to open the garden space at 8:00 a.m. Counsel cautioned members against making an arbitrary decision on the start time and said a review could be applied for, if this was causing an issue for residents.
Both parties made concluding remarks.
Decision
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and the oral representations at the meeting from the Applicant’s Legal Representative and residents objecting to the application, with particular regard to the prevention of public nuisance.
The Sub-Committee noted that the application for variation primarily related to the outside space adjacent to the existing premises which the Applicant wanted to use as a garden space to serve alcohol, refreshments and regulated entertainment. The Sub-Committee noted the representations made by the Applicant’s Legal Representative that the application to vary was supported by several patrons and residents and would result in the positive reuse of a previously derelict site. The Sub-Committee noted the space was a closed off area which had successfully operated as a Beer Garden under Temporary Event Notices (TENs) in the summer months.
The Sub-Committee noted the objections of residents and concerns relating to noise nuisance, rubbish, anti-social behaviour and street urination, however it considered these complaints to be primarily general concerns relating to the area rather than specifically relating to activity on the premises or in the immediate vicinity of the premises.
The Sub-Committee was concerned that the sale of alcohol in the outdoor area until 9pm and the use of the outdoor space until 9:30pm would result in unreasonable disturbance to local residents. It believed that that it was more appropriate for the sale of alcohol to conclude in the outdoor area at 8:30pm. The Sub-Committee was satisfied that this slight reduction, together with the conditions included in the operating schedule, would satisfactorily promote the licensing objectives.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of a Premises Licence for Studio Space Limited, 110 Pennington Street, London E1W 2BB be GRANTED in part.
Conditions consistent with the Existing Licence (Indoor)
Sale of Alcohol
Sunday to Thursday, from 08.00 hours to 00.00 hours (midnight)
Friday and Saturday, from 08.00 hours to 07.00 hours the following day
Late night refreshments Indoors
Sunday to Thursday, from 23.00 hours to 00.00 hours (midnight)
Friday and Saturday, from 23.00 hours to 07.00 hours the following day
Provision for Regulated Entertainment - Indoors
(Plays, Films. Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description.)
Sunday to Thursday, from 06:00 hours to 00:00 hours (midnight)
Friday and Saturday, from 06.00 hours to 07.00 hours the following day
Non-standard timings
Licensable activities, from the beginning of permitted hours on New Year’s Eve
to the end of permitted hours on New Year’s Day and on all days preceding a
Bank Holiday until 07:00hrs the next day.
The opening hours of the premises
Sunday to Thursday, from 06:00hrs to 00:30hrs (the following day)
Friday and Saturday, from 06.00 hours to 07.00 hours the following day
Non-standard timings
Licensable activities, from the beginning of permitted hours on New Year’s Eve
to the end of permitted hours on New Year’s Day and on all days preceding a
Bank Holiday until 07:30hrs the next day.
Conditions for Garden area (outdoor space)
Sale of Alcohol
Monday to Sunday 08:00 hours to 20:30 hours with half an hour drink up time until 21:00 hours.
Provision for Regulated Entertainment – Recorded Music Outdoors for garden area only
Monday to Sunday 08:00 hours to 21:00 hours
The opening hours of the outdoor space
Monday to Sunday from 08:00 hours to 21:30 hours.
Photographic Studio
A small indoor photographic studio area 120 meter squared to operate as per the existing hours permitted on the premises licence. (NOT FOR USE BY THE PUBLIC DURING THE CORONAVIRUS REGULATIONS)
Conditions as per existing operating Schedule
1. No nudity or semi nudity permitted;
2. During the hours of operation there shall be no noise nuisance audible from the premises within 1metre from the façade of the nearest noise sensitive residential premises;
3. Signs shall be displayed to inform all customers that the premises operate a zero tolerance drugs policy;
4. The premises shall comply with the dispersal policy;
5. Any outside promoters seeking to use the venue for a mainstream disco/nightclub event shall require prior approval from the Licensing Officer at Tower Hamlets Police Service;
6. The premises shall provide a free phone linked to a licensed taxi firm for use by customers at the premises;
7. A single licensed taxi firm shall be appointed by the premises to provide taxis for the benefit of patrons leaving the premises. The management shall use its best endeavours to ensure that said comply with the following measures when collecting patrons from the premises and delivering patrons to the premises:
a) After 23:00hrs, except in an emergency, taxi drives shall be encouraged not to:-
i. Sound their horns;
ii. Leave their vehicles to collect patrons from the premises;
b) Taxi and car drivers shall be encouraged not to double park their vehicles outside the premises;
8. The premises shall use all reasonable endeavours to prevent the use of unlicensed taxis by patrons leaving the premises;
9. The premises shall maintain and provide the details of a contact number for any local residents living within 100metres of the premises;
10. The premises shall discourage any attempt by organisers, artist or users of the premises to advertise by fly posting or using illegal placards;
11. Children aged 14 and under shall be permitted to the premises if accompanied by an adult;
12. Signs shall be displayed stating that any person who appears to be under the age of 21 shall be required to provide appropriate proof of age;
13. The premises shall ensure consideration of given whether there should be an age restriction to music, dance, exhibitions, publication, multimedia, education and research projects being shown at the premises;
14. Signage shall be displayed asking patrons to leave the premises quietly;
15. CCTV. The CCTV system shall incorporate a recording facility and any recordings shall be retained and stored in a suitable and secure manner for a minimum of 31days. A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained. The system will comply with other essential legislation, and all signs as required will be clearly displayed. The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity. There must also be someone on the premises, who can download the images and present them immediately on request by a police officer or other responsible authority;
16. Use of incident book / refusal book;
17. Agreed drug seizure police with Tower Hamlets Police Licensing Unit.
Conditions as per Operating Schedule for garden area
1. Staff training will be given in responsible sales of alcohol and health & safety regulations.
2. Regular monitoring of all area of the premises shall take place by management.
3. Notices asking customers to leave quietly shall be displayed
4. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
5. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
6. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
7. A minimum of 1 SIA licensed door supervisors per 100 customers shall be on duty at the premises at all times whilst it is open for business
8. An incident log shall be kept at the premises and be available on request to the Police or an authorised officer. It must be completed within 24 hours of any incident and will record the following:
a) all crimes reported to the venue;
b) all ejections of patrons;
c) any complaints received concerning crime and disorder
d) any incidents of disorder;
e) all seizures of drugs or offensive weapons;
f) any faults in the CCTV system, searching equipment or scanning equipment;
g) any refusal of the sale of alcohol;
h) any visit by a relevant authority or emergency service.
9. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
a) the police (and, where appropriate, the London Ambulance Service) are called without delay;
b) all measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police;
c) the crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and
d) such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
10.All drinking vessels used in the venue shall be polycarbonate. All drinks in glass bottles are to be decanted into polycarbonate containers or polycarbonate carafes prior to being served. Customers shall not be permitted to leave their table carrying any such glass bottles or drink directly from the bottle.
11.Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
12.Sound system for outside use to be controlled by sound limiter and all music noise to be inaudible at residential premises
Supporting documents:
- PenningtonSt110.129289, item 3.1 PDF 398 KB
- Pages.1-50, item 3.1 PDF 2 MB
- Pages.51.101redacted, item 3.1 PDF 822 KB
- Pages.102-152, item 3.1 PDF 841 KB
- Pages.153-200_Redacted.1, item 3.1 PDF 865 KB
- Pages.201-250_Redacted.2, item 3.1 PDF 909 KB
- Pages.251-300, item 3.1 PDF 926 KB
- Pages.301-350_Redacted.3, item 3.1 PDF 1010 KB
- Pages.351-400_Redacted.4, item 3.1 PDF 590 KB
- Pages.401-450_Redacted.5, item 3.1 PDF 685 KB
- Pages.451-485_Redacted.6, item 3.1 PDF 417 KB