Agenda item
Application for a New Premises Licence for (The Vaults) Ivory House, St Katherine's Dock, East Smithfield, London E1W 1BP
Minutes:
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed the application for a new premises licence for The Vault, Ivory House, St Katherine’s Dock, East Smithfield, London E1W 1BP. It was noted that objections had been received from local residents in relation to all four licensing objectives, but predominantly with regard to the prevention of public nuisance. It was also noted that conditions had been agreed with responsible authorities.
Ms Miller-Johnson explained that the premises was previously licensed until that licence lapsed on 9 November 2020 due to the insolvency of the licence holder. It was noted that the premises would be operating as an event venue including a bar and restaurant and hosting various events, including, but not limited to: art exhibitions, immersive theatre, corporate events, comedy nights, computer gaming competitions, product launches and indoor markets.
Prior to the hearing the Sub-Committee had been provided with a number of supplemental documents. These included a dispersal policy, a set of conditions that had been agreed with Friends of St Katherines Dock (FOSKD), and an acoustic report.
At the outset of the hearing the Sub-Committee was given an indication by the applicant that FOSKD had expressed agreement to a reduction in the hours sought by the applicant and, as a result, FOSKD were no longer seeking refusal of the application.
At the request of the Chair, Mr Alun Thomas, Legal Representative on behalf the Applicant, explained that the premises had been previously licensed which had lapsed in 2020 due to insolvency and therefore a new application was being sought to replicate the previous hours with a more robust set of conditions agreed with FOSKD. However, upon further consultation prior to the hearing the hours had been amended, which brought them in line with the Council’s framework hours with 30 minutes drinking up time. Mr Thomas gave a brief history of the applicant’s experiences to date and stated that he had met with the FOSKD to appease their concerns relating to this application.
It was noted that a detailed acoustic report had been undertaken and was part of the supplemental agenda pack, its findings were that the premises would not give rise to nuisance from the venue or persons leaving the venue during the times applied for.
Mr. Thomas drew the Sub-Committee’s attention to the fact that no responsible authorities had made representations against the application and referred the Sub Committee to 9.13 of the Section 182 Guidance , which states that responsible authorities are the experts in their field, and he emphasised that they had agreed to the hours and conditions that was initially applied for without any objection.
It was noted that the premise was close to good public transport links, that the premises had been in use since 1970’s with a far greater capacity than 450 persons. Mr Thomas concluded that the applicant has delivered a robust and acceptable set of enforceable conditions, hours had been agreed and reduced to fall in line with Council’s framework hours and have undergone an acoustic report as evidence to substantiate that the premises was not likely to have a negative impact on the area in terms of noise nuisance.
Mr Ben Gamble, Applicant, briefly highlighted that the hospitality industry had suffered over the past couple of years, and he wanted to introduce a new platform, a mixed-use event space for people to use and benefit and was intent on working with FOSKD to develop a good working relationship. He also said that the venue would be available for community use and would be looking to employ local people.
Members then heard from Mr Niall McCann, representing the freeholders of the property and St Katherines Docks Development in making a supporting representation. He told the Sub Committee that it was unusual for a landlord to attend a licensing hearing, however they considered that this application would bring benefits to the community and the area by diversify the leisure and hospitality options available in St Katherines Dock, appealing to residents and visitors to balance the portfolio of the dock.
Mr McCann welcomed the efforts made by the Applicant in engaging with the freeholders to address operational matters as well as meeting with FOSKD to discuss the proposed operation.
Mr McCann stated that not only had the applicant offered numerous conditions above and beyond those on the previous premises licence, but the management team had also agreed to several tenants’ covenants, including the adoption of a management plan, giving the landlords additional oversight than previously. It was noted that the lease granted to the applicant contained a considerable number of tenant’s covenants to address matters that may arise within the context of the Licensing Act 2003. If the tenant failed to uphold the licensing objectives, the landlord now had the power to intervene and forfeit the lease.
The Chair then invited Mr Leo Charalambides, Legal Representative on behalf of FOSKD to address the Sub Committee, Mr Charalambides confirmed that they were content with the reduced hours and the agreed conditions. In respect of the agreed conditions, he asked the Sub-Committee to note that condition 7.22 (page 16 of the Supplemental Agenda) had been deleted in error and was to be reinstated, and that condition 7.26 would be deleted (page 17 of the Supplemental Agenda). He then referred to the representation on page 97 of the agenda by the FOSKD which set out the community representation, a well-known and established residents’ group who were valued for their contribution in the area.
He acknowledged that having reviewed this new application, they accept all conditions proposed and reduced hours proposed in line with the council framework hours. FOSKD welcomed the fact that the venue would be used for as a multi-functional purpose venue, and trusted that the applicant would abide by the conditions of the licence if it was to be agreed and wished the applicant success for the future.
Ms Heather Corben and Mr Wiltshire joined the meeting virtually to make their representation and, despite some technical difficulties, were able to address the Sub-Committee and engage and answer questions and make their points with the assistance of Ms Sue Hughes from FOSKD by using her phone to phone them at the meeting and putting them on speaker. Mr Jonathan Melnick, Principal Lawyer and advisor to the Sub Committee specifically advised that the technical difficulties did not invalidate the hearing pursuant to para 23.4 of the Council Procedure Rules.
At the request of the Chair, Ms Heather Corben and Mr Michael Wiltshire, local residents, expressed similar concerns around the potential live music events that may operate if a licence were to be granted and then referred to other types of venue that Mr. Gamble, had operated, including techno events. Concerns were also raised about the acoustic report and that sound tests were done on the window ledges of buildings and therefore they did not believe these to be accurate readings or a true reflection of the potential noise nuisance that may occur as result of patrons accessing and egressing the premises during noise sensitive hours.
Ms. Corben considered the hours to be too late, despite the reduction in hours, and suggested that the hours should be further reduced on Friday and Saturday nights. She further suggested that there should be no off-sales and expressed concern over late night events and the types of events that would be held.
Mr. Wilshire stated that the use of the venue was a new use. It was an event space and would include live music. It was a very different business compared to the previous licence and that the previous licence had been granted before residential properties were developed in the area. He also expressed concern about noise levels and the potential for noise to be transmitted through the structure of the building.
In response to questions from Members the following was noted;
- That issues of public nuisance in particular noise nuisance would be addressed with SIA door supervisors along with a number of conditions proposed.
- Mr Gamble confirmed that the venue would not be used for events such as techno nights and that the majority of the events would be corporate events, gaming events, product launches, feature films etc.
- That off sales would mainly be to allow flexibility during farmers markets and any off sales of alcohol would be sold in sealed containers.
- That there were good public transport links which patrons would be using as well as this there would be taxi services available.
- Concerns were raised that the gates accessing the area had been broken for some time and that this meant that taxis were free to drive along the driveway to Ivory House. The Sub-Committee was assured that this would be addressed and were waiting for the parts to repair the gates.
- The venue had a capacity of 450 persons.
- That there would be no delivery service from the premises.
- That residents were aware of the licensing review process if there were to be any breaches of the licence, if a licence were to be granted.
Concluding remarks were made by both parties.
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
The Sub-Committee considered an application by Dockside Vaults Ltd. for a new premises licence to be held in respect of Ivory House, St. Katharine Docks, London, E1W 1BP (“the Premises”). The application originally sought authorisation for licensable activity as follows:
The sale by retail of alcohol (on and off sales)
· Monday to Saturday 10:00 hours to 00:00 hours
· Sunday 12:00 hours to 23:30 hours
Regulated entertainment
· Monday to Sunday 10:00 hours to 00:00 hours
Late night refreshment
· Monday to Saturday 23:00 hours to 00:00 hours
· Sunday 23:00 hours to 23:30
The opening hours were expressed to be 10:00 hours to 00:30 hours every day. Non-standard timings were sought in respect of New Year’s Eve.
The application attracted a number of representations against it from local residents as well as from the Friends of St. Katharine Docks (FOSKD). There was one supporting representation on behalf of the landlord of the Premises. The representations engaged all four licensing objectives.
Prior to the hearing the Sub-Committee had been provided with a number of supplemental documents. These included a dispersal policy, a set of conditions that had been agreed with FOSKD, and an acoustic report. The Sub-Committee noted that the vast majority of the representations did not specifically seek refusal; rather, they expressed agreement with the conditions that were being sought by FOSKD. Further, at the outset of the hearing the Sub-Committee was given an indication by the applicant that FOSKD had expressed agreement to a reduction in the hours sought by the applicant and, as a result, FOSKD were no longer seeking refusal of the application. The amended hours for the sale of alcohol and regulated entertainment would be 10:00 hours to 23:30 Monday to Thursday, 10:00 hours to 00:00 Friday and Saturday, and 12:00 hours to 22:30 on Sunday. The terminal hour for late night refreshment would mirror the terminal hour of the other activities, save for Sunday, in respect of which the terminal hour meant that this activity was no longer to be provided. The Premises would close each day thirty minutes after the terminal hour for licensable activity.
The Sub-Committee heard from Mr. Thomas on behalf of the applicant. He explained that the licence application had initially replicated the previous licence which had been held by the Medieval Banquet and had lapsed in 2020. Since the application was submitted there had been a comprehensive raft of conditions agreed with FOSKD including the reduced hours, which brought those within the Council’s framework hours. Mr. Thomas drew the Sub-Committee’s attention to the fact that no responsible authorities had made representations against the application.
Mr. McCann, on behalf of the landlord, told the Sub-Committee that it was unusual for a landlord to attend a licensing hearing. They considered that the application would bring benefits to the area. They acknowledged that there had been problems with the previous licence holder, but that their powers as a landlord were limited as the tenancy was a protected tenancy. However, the lease granted to the applicant contained a considerable number of tenant’s covenants to address matters that may arise within the context of the Licensing Act 2003. If the tenant failed to uphold the licensing objectives, the landlord now had the power to intervene and forfeit the lease.
Mr. Charalambides addressed the Sub-Committee on behalf of FOSKD. He confirmed that they were content with the reduced hours and the agreed conditions. In respect of the agreed conditions, he asked the Sub-Committee to note that condition 7.22 (page 16 of the Supplemental Agenda) had been deleted in error and was to be reinstated, and that condition 7.26 would be deleted (page 17 of the Supplemental Agenda).
Of those making representations against the application, only Michael Wilshire and Heather Corben attended to speak to their representation. They appeared virtually and, despite some technical difficulties, were able to address the Sub-Committee and answer questions and make their points. Ms. Corben referred to other types of venue that Mr. Gamble, a director of the applicant, had operated, including techno events. She considered the hours to be too late, despite the reduction, and suggested that the hours should be further reduced on Friday and Saturday nights. She further suggested that there should be no off-sales and that their concern was about the type of events that would be held and the potential for late-night opening.
Mr. Wilshire stated that the use of the venue was a new use. It was an event space and would include live music. It was a very different business compared to the Medieval Banquet. He also expressed concern about noise levels and the potential for noise to be transmitted through the structure of the building.
The Sub-Committee explored how the noise issues would be addressed. There would be door supervisors along with a number of conditions to deal with those issues. Mr. Gamble explained that the majority of events would be corporate events and that the organisers would be made aware of the importance of noise control.
The Sub-Committee also queried the possible issues of noise from taxis. The main issue appeared to be that gates accessing the area had been broken for some time and that this meant that taxis were free to drive along the length of the driveway. The Sub-Committee was told that this would need to be addressed but that the difficulty was sourcing the parts to repair the gates. However, it was suggested that the majority of patrons will make use of nearby public transport or walk through the estate.
This application predominantly engaged the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. The Sub-Committee noted that there was no representation from the police, who would normally be expected to be the main source of information in respect of crime and disorder (para 9.12 of the Statutory Guidance). The applicant and the police had agreed several conditions to ensure that the crime and disorder licensing objective would not be undermined. In the absence of any specific detail as to why this application would be likely to increase crime and disorder, the Sub-Committee was satisfied that the imposition of the agreed conditions would suffice to ensure the promotion of the licensing objectives.
In respect of the objective of the prevention of public nuisance, the Sub-Committee noted that robust conditions had been agreed with the Environmental Health Service as well as with FOSKD. There was thus a substantial set of conditions that would be imposed on the licence, many of which addressed this specific objective. The Sub-Committee noted that the acoustic report provided did not envisage that any impact would not be controlled by the conditions, including the use of a sound limiter and the proposed dispersal policy. The reduction in hours to framework hours also gave the Sub-Committee reassurance that the application would not be likely to give rise to a public nuisance.
The Sub-Committee had read and had regard to all of the representations placed before it, most of which expressed agreement to the position put forward by FOSKD. In light of all of the information before it, the Sub-Committee was not satisfied that it would be appropriate or proportionate to refuse the application outright. The Sub-Committee noted that considerable effort had been made by the applicant and FOSKD to ensure that the application struck a reasonable balance between the operator’s ability to run the Premises and to ensure that the residents of the area were not unduly affected by the Premises. In light of the agreed conditions and reduction in hours, the Sub-Committee was satisfied that the grant of the licence, as amended and with the agreed conditions, was appropriate and proportionate to ensure that the licensing objectives would be promoted.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new Premises Licence for The Vault, Ivory House, St Katherine’s Dock, East Smithfield, London E1W 1BP be GRANTED with conditions.
The sale by retail of alcohol (on and off sales) regulated entertainment
· Monday to Thursday from 10:00 hours to 23:30 hours
· Friday and Saturday from 10:00 hours to 00:00 hours (midnight)
· Sunday from 12:00 hours to 22:30 hours
The provision of regulated entertainment (plays, films, performance of dance, live & recorded music & anything similar)
· Monday to Thursday from 10:00 hours to 23:30 hours
· Friday and Saturday from 10:00 hours to 00:00 hours (midnight)
· Sunday from 10:00 hours to 22:30 hours
The provision of late-night refreshment
· Monday to Thursday from 23:00 hours to 23:30 hours
· Friday and Saturday from 23:00 hours to 00:00 hours (midnight)
Non-standard timing
The finish time for licensable activities on New Year’s Eve will be extended to the start time for licensable activities on New Year’s Day.
The opening hours of the premises
· Monday to Thursday from 10:00 hours to 00:00 hours (midnight)
· Friday and Saturday from 10:00 hours to 00:30 hours (the following day)
· Sunday from 10:00 hours to 23:00 hours
Conditions
1. 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 periodof 31days withdate andtime stamping.Viewing ofrecordings shallbe made available immediately upon the request of Police or authorised officer throughout the entire 31-dayperiod.
2. 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 ableto providea Policeor authorisedcouncil officercopies ofrecent CCTVimages ordata with the absolute minimum of delay whenrequested.
3. When the designated premise supervisor is not on the premises any or all persons authorised to sell alcohol will be authorised by the designated premises supervisor in writing. This shall be available on request by the Police or any authorised officer.
4. Allstaff whoseresponsibilities includethe retailsale ofalcohol shallreceive trainingabout the prevention of underage sales on induction and at intervals during theyear.
5. 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 any incidents of disorder;
d) all seizures of drugs or offensive weapons;
e) any faults in the CCTV system, searching equipment or scanning equipment;
f) any refusal of the sale of alcohol;
g) any visit by a relevant authority or emergency service.
6. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
7. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensurethat:
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 tobe 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.
8. Arecord shallbe keptdetailing allrefused salesof alcohol.The recordshould includethe date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises is open.
9. Thepremises shallhave writtenSecurity, Drugsand Dispersalpolicies, thatare reviewedyearly or after any serious incident. Such policies are to be written in consultation with Central East PoliceLicensing andmade availableto statutoryauthorities includingthe Policeupon request.
10. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the areaquietly.
11. Patronspermitted totemporarily leaveand thenre-enter thepremises, e.g.to smoke,shall be limitedto 10persons atany onetime. Smokerswill bedirected tosmoke ina designatedarea near the Elephant Gates.
12. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a public nuisance.
13. AManagement Planshall beagreed withthe landlordand reviewedat leastevery sixmonths. It shall be available for inspection at all times by any of the statutoryauthorities.
14. A minimum of 2 SIA licensed door supervisors shall be on duty at the premises at all times whilst it is open and carrying out licensable activity and they must correctly display their SIA licences when on duty so as to be visible.
15. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on thepremises.
16. Substantial food and non-intoxicating beverages, including drinking water, shall be available inall partsof thepremises wherealcohol issold orsupplied forconsumption onthe premises.
17. Food will not be sold for takeaway ordelivery.
18. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customersin thearea immediatelyoutside thepremises, andthat thisarea shallbe sweptand or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close ofbusiness.
19. The maximum capacity of the premises shall be 450 (excluding staff)..
20. Nodeliveries tothe premisesshall takeplace between23.00 and08.00 hourson thefollowing day.
21. A direct telephone number for the manager at the premises shall be publicly available at all timesthe premisesis open.This telephonenumber and/oris tobe madeavailable toresidents and businesses in the vicinity. Patrons should be actively discouraged from causing a blockage to the walkways outside and surrounding the premises. The Licensee shall implement an external area supervision policy and a dispersal policy, a record of which shall be kept on the premises and made available for inspection to the licensing authority and thepolice.
22. Alllicensable activitiesand operationsare tobe restrictedto theinterior ofthe premises.The external areas of the premises shall not be used for licensable activities or for any purpose (including tables, chairs, benches, heaters, canopies or any similar structures) save for access and egress and for access to the designated smoking area by the elephantgates.
23. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21.00 hours and 09.00 hours on the followingday.
24. Anoise limitermust befitted tothe musicalamplification systemset ata leveldetermined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensurethat nonoise nuisanceis causedto localresidents orbusinesses. Theoperational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiterdevice.
25. Loudspeakers shall not be located in the entrance lobby or outside the premisesbuilding.
26. All windows and external
doors shall be kept closed after 21:00 hours, or at any time when
regulated entertainment takes place, except for the immediate
access and egress ofpersons..
27. There shall be no admittance or re-admittance to the premises after 22:30 hours Monday to Saturday and 22:00 hours Sunday except for patrons permitted to temporarily leave the premises tosmoke.
28. There shall be no sales of alcohol for consumption off the premises after23.00.
29. Theremust beat thepremises alockable drugsbox towhich nomember ofstaff, savethe DPS and/or named designated person, shall have access. All controlled drugs (or items suspected to be controlled drugs or contain controlled drugs) found at the premises must be placed in thisbox assoon aspracticable. Wheneverthis boxis emptied,all ofits contentsmust begiven to the Police for appropriate disposal.
30. A risk assessment is conducted regarding upcoming events and depending on the risk(s) identified, appropriate SIA numbers are implementedaccordingly.
31. The licence holder shall enter into an agreement with a hackney carriage and/or private carriagefirm toprovide transportfor customers,with contactnumbers madereadily available tocustomers.
32. As soon as possible, and in any event within 1 month from the grant of this licence, the premisesshall jointhe localPub watchor otherlocal crimereduction schemeapproved bythe police.
33. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers withthem.
34. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly. The premises licence holder shall ensure that any patrons leaving the premises to smoke in the “designated area” should do so inan orderlymanner andbe supervisedby staffso asto ensurethat thereis nopublic nuisance or obstruction of thewalkways.
35. Thelicence holdershall ensurethat anyqueue toenter thepremises whichforms outsidethe premises isorderly andsupervised bydoor staffso asto ensurethat thereis nopublic nuisance or obstruction to the walkways and common areas in the Dock. Queuing outside the premises shall be restricted to a designated area to be agreed between the landlord and the applicant.
36. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcoholsale.
37. No person on behalf of the premises or on behalf of a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited withinthe specifiedarea. Forthe purposeof thissection: ‘Directly’means -employ, have controlof orinstruct. ‘Indirectly’means allowing/ permittingthe serviceof orthrough a third party. ‘Specified' Area’ means - the area encompassed by the area of the docks.
Supporting documents:
- The Vaults cover report, item 3.1 PDF 451 KB
- The Vaults Appendices Only_pdfa, item 3.1 PDF 12 MB
- Supporting Docs 1 - The Vault, item 3.1 PDF 275 KB
- Supporting Docs 2 - The Vault, item 3.1 PDF 352 KB
- Supporting documents - Applicant The Vault cover, item 3.1 PDF 3 KB
- The Vault Supporting doc 3, item 3.1 PDF 4 MB
- Supporting Docs 4 - The Vault, item 3.1 PDF 1 MB
- Supporting documents - Objector The Vault cover, item 3.1 PDF 3 KB
- Supporting Doc - resident (The Vault), item 3.1 PDF 117 KB