Agenda item
Application for a New Premises Licence for Redchurch Studio, 58 Redchurch Street, London E2 7DP
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a new premises licence for Redchurch Studio, 58 Redchurch Street, London E2 7DP. It was noted that representations had been made by Officers representing the Licensing Authority and Environmental Protection in relation to the prevention of public nuisance and the prevention of crime and disorder.
At the request of the Chair, Ms Lana Tricker, Legal representative acting on behalf of the Applicant explained that they were applying for a new premises licence, and further supporting documents had been submitted to give Members’ assurance about the operation of the premises. It was noted that the applicant already operated the Redchurch Townhouse located next door and that guests from would be sleeping directly above the premises and therefore noise and disturbance will be a minimum and monitored. Ms Tricker highlighted that the premises was part of the Soho House Group and known for their impeccable reputation.
Ms Tricker drew the Sub-Committee’s attention to the lack of representations from residents and to the fact that the Premises were small, with food and drinks on offer. Ms. Tricker explained that the Premises were not a restaurant. The Premises would not be open to the general public and would be open to members and their guests only. She then explained the membership process to the Sub-Committee, including the controls and rules on the members in the event of any improper behaviour. She told the Sub-Committee that the rules specifically prohibit disruption and intoxication.
It was noted that that although the Premises was not a restaurant, the Premises would be food-led, with alcohol being sold ancillary to food. There would be no drinks promotions, no promoters and no vertical drinking. Ms. Tricker had agreed conditions proposed by the responsible authorities, in the event that the application was granted. She also referred to the conditions contained within the supplemental report pack and confirmed that the applicant was content for those conditions to be imposed if the Sub-Committee were minded to grant the application.
Ms Tricker also highlighted the limited amount of smokers that be allowed outside the premises and having that as a condition. She stated that no complaints or objections had been received from the Police or residents and crime and disorder was not an issue. This was a small destination venue and therefore it was unlikely that patrons would be using the venue to load up on alcohol before going onto another premises.
She submitted that it was a well-run premises with an experienced operator, with high standards of operation, training for staff was in place, best practices agreed and dispersal policy in place, with good transport links and a dedicated taxi service also available. Ms Tricker concluded by saying that it was a genuine members’ club, the Soho Group had many premises and none had been reviewed. There was CCTV in place and they would operate a zero drug policy and, with the robust set of conditions offered, she was of the view that the premises would not negatively add to the area.
Members then heard from Ms Corinne Holland, Licensing Officer. She referred to her representation on pages 65-70, Notwithstanding the various conditions proposed by the applicant, she remained concerned that the licence, if granted, would add to the problems experienced within the CIZ. She was particularly concerned that the Premises would accommodate up to sixty patrons and sought to operate outside of framework hours. The Premises did not fall within the suggested exceptions to the CIZ and there was no mention within the operating schedule of the fact that the Premises were within the CIZ. Thus there were no additional conditions proposed at that time to deal with those concerns and therefore, adding to the existing concerns of public nuisance.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer. She also had similar concerns about the impact of the Premises, particularly with regard to the later hours. She told the Licensing Sub-Committee there was the potential for noise breakout from access and egress and the possibility of patrons being in high spirits or intoxicated when they leave. She said she did not support the application as the premises would in her view negatively impact the area especially with residents living so close by. She acknowledged that the applicant had agreed to the three conditions that she had proposed but there would still be the potential likelihood of disturbance if the application was to be granted.
In response to questions the following was noted:
- That the capacity in total would be 60 including the indoor and outdoor seating.
- Concerns were raised as to how narrow the pavement was outside the premises and concerns raised if tables and chairs were placed outside – it was noted that tables and chairs and tables would be subject to a pavement licence and if not granted then no chairs and tables would be outside.
- That egress would be gradual and there would not be a mass exit by patrons.
- Alcohol would only be served by waiter/waitress service and only ancillary to a meal.
- That last orders would be made 20 minutes before closing time and last seating would be at 11pm allowing enough time for meals to be completed.
- That there had been no complaints in relation to the premises next door which was an even larger premises and that any form of anti-social behaviour would not be tolerated.
- That waste collection and deliveries would be collected and delivered as part of the waste collection service and delivery service for Redchurch Town House so there would be no additional impact.
Concluding remarks were made by all 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 Soho House UK Ltd. for a new premises licence to be held in respect of Redchurch Studio, 58 Redchurch Street, London, E2 (“the Premises”). The application sought authorisation for the sale by retail of alcohol, regulated entertainment, and the provision of late night refreshment. The terminal hour for the various licensable activities was to be midnight Sunday to Thursday and 01:00 hours on Friday and Saturday.
Representations against the application were received from the Licensing Authority and from the Environmental Health Service. Their representations were based on the fact that the Premises are located within the Brick Lane CIZ and that the grant of the application would add to the existing problems within the CIZ. In particular, their representations were concerned with the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. They asked that the application be refused.
The Sub-Committee heard from Lana Tricker, solicitor for the applicant. She drew the Sub-Committee’s attention to the lack of representations from residents and to the fact that the applicant already operated the Redchurch Townhouse located next door. The Premises were small, with food and drinks on offer. Ms. Tricker explained that the Premises were not a restaurant. The Premises would not be open to the general public and that they would be open to members and their guests only. She explained the membership process to the Sub-Committee, including the controls on the members in the event of rowdy or inappropriate behaviour. She told the Sub-Committee that the rules specifically prohibit disruption and intoxication.
Whilst not a restaurant, the Premises would be food-led, with alcohol being sold ancillary to food. Ms. Tricker had agreed conditions proposed by the responsible authorities, in the event that the application was granted. She also referred to the conditions contained within the supplemental report pack and confirmed that the applicant was content for those conditions to be imposed if the Sub-Committee saw fit to do so.
Corinne Holland on behalf of the Licensing Authority spoke to her representation. Notwithstanding the various conditions proposed by the applicant, she remained concerned that the licence, if granted, would add to the problems experienced within the CIZ. She was particularly concerned that the Premises would accommodate up to sixty patrons and sought to operate outside of framework hours. The Premises did not fall within the suggested exceptions to the CIZ and there was no mention within the operating schedule of the fact that the Premises were within the CIZ and thus there were no additional conditions proposed at that time to deal with those concerns.
Nicola Cadzow on behalf of the Environmental Health Service addressed the Sub-Committee with regard to her representation. She also had concerns about the impact of the Premises, particularly with regard to the later hours. She told the LSC there was the potential for noise breakout from access and egress and the possibility of patrons being in high spirits or intoxicated when they leave.
The Sub-Committee confirmed that the maximum number of patrons, including the outside area, was 60. There was discussion around the use of tables and chairs outside the premises as members were aware that the pavement was narrow. Ms. Tricker explained that the tables were about 50cm wide, they had permission from a neighbouring property to place them outside that property, and it would be subject in any event to a pavement licence. If that licence is not granted, then there will be no tables and chairs outside.
Members also queried dispersal and ‘drinking-up time’ given that the proposed terminal hour for all licensable activity was also the closing time of the Premises. Ms. Tricker stated that as the Premises operated in a restaurant style, it worked out. There was a winding-down of the premises, patrons were seated at tables and served by waiters and thus this had not been an issue. She confirmed that last orders would be taken twenty minutes before the terminal hour but that this was not applicable to all patrons. The last seating for customers on Friday and Saturday would be 23:00 hours. There were no issues with noise complaints.
The Sub-Committee heard brief concluding remarks. Ms. Holland noted that the CIZ had been implemented for a reason, the application was outside of the suggested exceptions to the Policy, and the onus was on the applicant to show that there would be no impact. Ms. Cadzow noted that the next-door premises already operated to 01:00 hours. Ms. Tricker told the Sub-Committee that alcohol consumption would be limited, especially if the membership condition was imposed. There had been substantial agreement in respect of conditions. The purpose of the CIZ was to promote the licensing objectives for residents and there had been no residential objections.
The application engages the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder. The starting point for the Sub-Committee is the CIZ Policy. It applies where applicants seek authorisation for the sale of alcohol or the provision of late night refreshment and paragraph 7 of Appendix 5 to the Statement of Licensing Policy states that the “…Policy will be strictly applied.” The Policy details possible exceptions, such as:
· those with a capacity under 50 persons, operating within framework hours, and which sell alcohol and provide late night refreshment for consumption on the premises only, or for off-sales by delivery only, and have arrangements to prevent vertical drinking;
· non-alcohol led premises;
· where the applicant has surrendered a licence of similar premises which provides similar licensable activities within the CIZ.
The Sub-Committee agreed with the responsible authorities that the application fell outside of these exceptions. The Sub-Committee nonetheless considered that the objections could, to some extent, be met by the imposition of the agreed or proposed conditions. However, the Sub-Committee’s concerns in respect of the outside area were not assuaged by the applicant. It considered that the use of the pavement risked impacting on the licensing objectives, in particular that of public safety given that the pavement outside the Premises was narrow. This might force the public to use the carriageway to walk upon and gave rise to the potential for conflict between patrons or staff and members of the public, particularly as patrons got up to leave or use the facilities. There was also the possibility that the tables and chairs attracted people, who might not be patrons, and who may engage with patrons, again potentially impacting upon the licensing objectives. Notwithstanding the agreement that the external area would not be used after 21:00 hours and that the use would be subject to a grant of the appropriate pavement licence in any event, the Sub-Committee considered that permitting the outside area to be used risked undermining the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder.
The Sub-Committee’s other main concern related to the proposed hours of operation. The Sub-Committee noted that the applicant operated the premises next door without complaint. As Ms. Holland noted in her written representation, however, that premises is a hotel. The Council’s CIZ Policy also makes clear that the fact that an applicant operates other similar premises without complaint will not be considered exceptional.
Notwithstanding the submissions made by Ms. Tricker on behalf of the applicant, the Sub-Committee did not consider that the applicant had discharged the high burden upon it in this regard. Premises operating later in the night pose a greater risk of adding to the cumulative impact in the area, especially when leaving and entering an already saturated area. It is possible, for example, that patrons become victims of crime or that they remain in the area and visit other late-licensed premises, thereby risking adversely impacting on the licensing objectives. The Sub-Committee noted the membership rules referred to by Ms. Tricker; nonetheless, upon leaving the Premises, members and their guests will be outside of the direct control of the Premises’ management.
Furthermore, one of the objectives of the CIZ is to protect residential amenity. Whilst Ms. Tricker correctly noted that there had been no representations from local residents, this was not a factor that the Sub-Committee considered added greater weight in favour of granting the application as sought. The Sub-Committee noted also that there were several premises operating in the immediate vicinity, some of which were already operating to later hours than framework hours. The Sub-Committee considered that this also gave rise to a greater possibility of adverse impact.
Having carefully considered the oral representations and the written material before it, the Sub-Committee was satisfied that the application could be granted, with amendments to the hours and some of the conditions, which would ensure that the grant would not add to the existing problems within the area. The conditions proposed and discussed during the course of the hearing would be imposed and the licence would be restricted to framework hours. The condition relating to the use of the outside area for consumption off the Premises and off-sales of alcohol have been removed in consequence of this decision.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a New Premises Licence for Redchurch Studio, 58 Redchurch Street, London E2 7DP be GRANTED in part with conditions.
Sale of alcohol (on-sales only)
Monday to Thursday 08:00 hours to 23:30 hours
Friday and Saturday 08:00 hours to 00:00 hours
Sunday 08:00 hours to 22:30 hours
The provision of late night refreshment
Monday to Thursday 23:00 hours to 23:30 hours
Friday and Saturday 23:00 hours to 00:00 hours
The provision of regulated entertainment (Live and recorded music - Indoors only)
Monday to Thursday 10:00 hours to 23:30 hours
Friday and Saturday 10:00 hours to 00:00 hours
Opening times
Sunday to Thursday 08:00 hours to 00:00 hours
Friday and Saturday 08:00 hours to 01:00 hours
Non-standard timings for all licensable activities from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Conditions
1. There shall be no more than seven smokers to be allowed to smoke outside the premise at any one time. No more than two guests at any one time will be allowed to smoke outside after 21:00 hours.
2. There shall be no vertical drinking of alcohol at the premises.
3. 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 31 days.
a) A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained.
b) The system will comply with other essential legislation and all signs as required will be clearly displayed.
c) The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.
d) There shall be a designated member of staff who can download the images and present them on request by a police officer or other responsible authority with minimum delay
4. Notices shall be prominently displayed at ground floor exits requesting patrons to respect local residents and leave the premises and area quietly.
5. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
6. No music or amplified sound shall be generated on the premises to give rise to a nuisance to neighbouring residents.
7. Any person permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them
8. The area immediately outside the premises shall be swept and/or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
9. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
10. Waiter/waitress service shall be available throughout the premises at all times it is open to members of the public
11. Staff will monitor the patrons using any smoking area and ensure that they remain within the curtilage of the premises at all times.
12. The venue is to provide information on local taxi firms and transport links to patrons leaving the venue
13. A direct telephone for number for the manager at the premises shall be publicly available and displayed at all limes the premises are open. This telephone number is to be made available to residents and businesses in the vicinity upon request.
14. A dispersal policy shall be put into effect and shall be available for inspection by the licensing authority and responsible authorities upon request
15. An incident log shall be kept at the premises and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the 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.
16. The reception desk on the ground floor shall be staffed at all times the premises are in operation.
17. AII 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 of persons
18. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification such as a driving licence, passport or proof of age card with the PASS Hologram.
19. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
20. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an acoustic consultant who is a member of the Institute of Acoustics so as to ensure that no noise nuisance is caused to local residents or businesses. The operation panel of the noise limiter shall then be secured by a key or password to the satisfaction of officers from Environmental Health and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with Environmental Health. No alteration or modification to any existing sound system(s) should be effected without prior agreement of an authorised Officer of Environmental Health. No additional sound generating equipment shall be used on the premise without being routed through the sound limiter device
21. The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
22. No patrons or guests shall remain on the premises more than twenty minutes after the terminal hour for licensable activity.
23. Alcohol may only be sold for consumption to members of Soho House and Co. and their bona fide guests.
24. Tables and chairs shall not be placed on the public highway.
Supporting documents:
- Redchurch Studio - cover report - 5 July 22, item 3.1 PDF 517 KB
- Redchurch Studio - Appendices Only - 5 July 22_pdfa, item 3.1 PDF 5 MB
- Redchurch Supporting Document, item 3.1 PDF 655 KB