Agenda item
Application for a variation of a premises licence for (Vout-O-Reenees), the Crypt of 30 Prescot Street London E1 8BB
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for Vout-O-Reenees, the Crypt of 30 Prescot Street London E1 8BB. It was noted that objections had received by a local resident and other persons in relation to the prevention of public nuisance and the prevention of crime and disorder.
The Sub-Committee considered the application by Sophie Parkin to vary the premises licence. The premises are currently licensed for the sale of alcohol from 14:00 hours to midnight Monday to Thursday and from 14:00 hours to 01:00 hours on Friday and Saturday; for late night refreshment from 23:00 hours to 00:30 Monday to Thursday and from 23:00 hours to 01:30 hours on Friday and Saturday; for the showing of films from 12:00 hours to 23:00 hours Monday to Saturday and from 14:00 hours to 21:00 hours on Sunday; and for live music from 12:00 hours to 23:00 hours Monday to Saturday and from 13:00 hours to 21:30 hours on Sunday.
The variation sought was to increase the terminal hour for the sale of alcohol on Thursdays to 01:00 hours and on Friday and Saturday to 02:00 hours. The starting time on Saturday was also to be varied to 13:00 hours. No change was sought to the other licensable activities. The variation also sought to provide recorded music from 17:00 hours Monday to Saturday, with the terminal hour being 00:00 hours Monday to Wednesday, 01:00 hours on Thursday, and 02:00 hours on Friday and Saturday. The opening times were to be varied to mirror the times for the sale of alcohol.
The application attracted two representations. One was from the Flame of Love Praying Group London and the other was from a local resident, David Cleghorn, who was also a member of the Flame of Love. The representations were based on the prevention of public nuisance and the prevention of crime and disorder. Conditions had been agreed between the applicant and the police and the Noise Service.
Ms. Parkin spoke to her application and explained the nature of the Premises, which was a venue for artists. She had been operating from the Premises for about eight years. The primary reason for the variation was because the business, like others, had been severely affected by the pandemic. She explained that she did not permit people to get drunk on the Premises. The additional opening times were also sought because 01:00 hours was not particularly late for some people.
Mr Javier Melin addressed the Sub-Committee. The Legal Adviser had emphasised at the start of the meeting that the decision for the Sub-Committee was whether or not this variation would adversely impact upon the licensing objectives and that the oral submission needed to focus on that. Whether the activities being carried on at the Premises were offensive to others was not a matter that the Sub-Committee could take into account. Mr. Melin stated that when his group tried to pray, they would be disturbed by noise from the Premises, which made their use of the church impossible. The oblate, which was the landlord, refused to control the Premises.
Mr. David Cleghorn referred to issues such as disrespect shown to the Church by patrons of the Premises. He cited an example of a person who took a photograph of himself mooning on the church steps, which was then posted on social media. He asserted that some patrons of the Premises were specifically attracted to the fact that it was in a church and that they ridiculed the church. He said he had tried to speak to someone in management twice but without success on either occasion.
In response to questions from Members the following was noted;
- Ms. Parkin confirmed that Father Ray Warren of the church was present. He was asked about the noise allegations. He stated that the agreement with Ms. Parkin restricted the hours so that the Premises did not operate when the praying group were using the Church.
- Where there had been a noise caused to the praying group it was because they were there outside of their agreed times.
- That there was no clash between the church’s services and the Premises.
- Members also expressed some concern about particular holy days, such as Christmas Eve. The Sub-Committee was told that the Premises were not allowed to operate on those days.
- Ms. Parkin denied that she was impossible to contact or that people could not get in touch with her. She stated that she was available by email and that no-one had attended. In any event, her security officer was her business partner and capable of dealing with any concerns.
- Ms. Parkin was asked about the allegations of glassware being left outside the Premises. She stated that patrons were not allowed to leave with glassware and drew the Sub-Committee’s attention to the fact that there was a pub and two hotels nearby in close proximity.
Decision
This application engaged the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder. Whilst the written representation alleged breaches of the existing licence, no evidence was provided in support of this and the allegations were not addressed in the oral submissions. There was no evidence from any of the responsible authorities in this regard and the Sub-Committee was not satisfied that the crime prevention objective was being undermined nor that it would be undermined if the application was granted.
With regard to public nuisance, the Sub-Committee considered it debatable that the alleged noise disturbance amounted to a public nuisance rather than a private nuisance. Even if it did amount to a public nuisance, however, the representations failed to explain why that would affect the praying group given that the variation sought was to allow later operation. In any event, the Sub-Committee accepted the information provided by Father Warren which was that there was no disturbance and, if there was, it was because the praying group were attending outside of their agreed times rather than because the applicant was operating outside of their licence.
The Sub-Committee noted the concerns of the representors as to the offence they felt by the activities of some people. However, that was not related to any of the licensing objectives and any concerns in that regard were not a matter for the Sub-Committee. The Sub-Committee was satisfied that it was appropriate and proportionate to grant the variation as sought and with the conditions agreed with the responsible authorities. In addition, and notwithstanding that Ms. Parkin stated that patrons did not take glassware outside, the Sub-Committee considered that there was a possibility some could do so and that it was therefore appropriate to impose a condition to prohibit that.
The application is therefore granted as sought and with the agreed conditions and those additional condition imposed by the Sub-Committee:
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a variation of the premises licence for Crypt, 30 Prescot Street, London, E1 8BB be GRANTED with conditions.
Sale by retail of alcohol (for consumption on the premises)
Monday to Wednesday 14:00 hours – 00:00 hours
Thursday 14:00 hours to 01:00 hours
Friday 14:00 hours to 02:00 hours
Saturday 13:00 hours to 02:00 hours
Recorded music
Monday to Wednesday 17:00 hours – 00:00 hours
Thursday 17:00 hours to 01:00 hours
Friday 17:00 hours to 02:00 hours
Saturday 17:00 hours to 02:00 hours
Opening hours
Monday to Wednesday 14:00 hours – 00:00 hours
Thursday 14:00 hours to 01:00 hours
Friday 14:00 hours to 02:00 hours
Saturday 13:00 hours to 02:00 hours
Conditions
1. When the designated premises supervisor or a personal licence holder is not on the premises, any or all persons authorised to sell alcohol will be fully trained on the sales of alcohol and authorised by the designated premises supervisor in writing. This shall be available on request by the police or any authorised officer.
2. In reference to the training mentioned in condition 1 above, all staff whose responsibilities include the retail sale of alcohol shall receive training about the prevention of underage sales on induction, a refresher training session after three months and then every six months thereafter. This training shall be recorded and the records to be available on request to the police or any authorised officer. The training shall include:
a) the operation of the Challenge 25 scheme;
b) the types of acceptable ID;
c) the method of recording challenges;
d) the likely consequences of making an underage sale;
e) reasons for refusal and updating the refusal log;
f) proxy sales.
3. 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) All ejections of patrons;
(c) Any complaints received concerning crime & disorder;
(d) Any incidents of disorder;
(e) All seizures of drugs or offensive weapons;
(f) Any faults in the CCTV system;
(g) Any refusal of the sale of alcohol;
(h) Any visit by a relevant authority or emergency service.
4. 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.
5. A record shall be kept detailing all refused sales of alcohol. The record must include the date and time of the refused sale, the name of the member of staff who refused the sale and the reason for the refusal. The record shall be available for inspection at the premises by a police or Authorised Council Officer all times whilst the premises is open.
6. 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.
7. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises (or immediately contactable) 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.
8. The premises shall have a written dispersal policy which details how the premises will disperse their customers so as not to cause noise nuisance to local residents. This policy is to be made available to the police or any relevant authority upon request.
9. The premises shall have no promoted electronic dance music events.
10. All windows and external doors shall be kept closed after 22:00 hours or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
11. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
12. The premises licence holder shall ensure that music and/or patrons’ sound is not audible at the nearest noise sensitive premises.
13. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
14. There shell be no more than seven smokers to be allowed to smoke outside the premises at any one time. No more than two guests at any one time will be allowed to smoke outside after 22:00 hours.
15. No alcohol shall be allowed to be consumed in the outdoor area.
16. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22:00 hours and 08:00 hours the following days
17. No deliveries to the premises shall take place between 22:00 hours and 08:00 hours the following day.
18. Patrons shall not be permitted to leave the premises with any glassware.
Supporting documents:
- Vout-O-Reenees cover report - 27 Oct 22, item 4.2 PDF 282 KB
- Vout-O-Reenees Appendices Only - 27 Oct 22_pdfa, item 4.2 PDF 12 MB