At the request of the Chair, Ms Kathy Driver, introduced the report which detailed the application for a new premises licence by Vittoria’s Secret Limited for a premises licence in respect of Vittoria Wharf Studio, 10 Stour Road, London E3 2NT. The application sought to allow the sale by retail of alcohol (on sales only) as follows:

 

Monday to Wednesday from 11:00 hours to 23:00 hours

Thursday from 11:00 hours to 00:00 hours

Friday & Saturday from 11:00 hours to 01:00 hours

Sunday from 10:00 hours to 23:00 hours

 

The application also sought to allow regulated entertainment by way of recorded music indoors as follows: -

Thursday from 23:00 hours to 00:00 hours

Friday & Saturday from 23:00 hours to 01:00 hours

 

It was noted that representations were received against the application from the police on the basis of preventing crime and disorder, promoting public safety, and preventing public nuisance. Representations against the application were also received from the Environmental Health Service on the basis of the prevention of public nuisance and objections were received from a resident on the basis of public safety, the prevention of public nuisance, and the protection of children from harm.   

 

Mr Rhys Rose, on behalf of the applicant gave the context for the application: the premises provides a private hire event space, which had been operating for four years, and the application was to obtain a licence, so that it can lawfully provide the licensable activities of the retail of alcohol and provision of recorded music. The applicant had commissioned an acoustic report and had a noise management plan. Concerns had been raised in relation to safety on a staircase and remedial works had been carried out in relation to the steps which had had high visibility paint applied. A visit from Mr. James Doherty, a Tower Hamlets Health & Safety Officer, had led to confirmation that there were now no safety issues regarding the stairs. The applicant clarified that the recorded music would not be background music.  

 

Members heard from PC Mark Perry, who acknowledged that their previous concerns about the stairs had been resolved. The police appreciated the conditions offered in the application, and were happy to have those put in place, if the application were granted. The police remained concerned, however, about the noise of over 150 people in high spirits leaving at night. Whilst not objecting to the application altogether, it was the impact of this which remained a concern. The police proposed that striking a balance between the applicant and the residents would be achieved by a reduction in all the hours sought to 23:00 hours, and then if no problems emerged, the applicant could apply for additional hours beyond 23:00 hours. 

 

Members also heard from Ms Nicola Cadzow, Environmental Health Officer, who acknowledged the applicant’s noise management plan, which she had briefly seen. She mentioned previous noise disturbance complaints, although they were a year ago, and there were none more recently. She mentioned a noise abatement notice having been served, but that was on the freeholder, not the applicant. If the application were granted, the Environmental Health Officer proposed conditions that no noise emanate from the premises to cause a public nuisance, that a sound limiter be installed, and that no amplifiers be positioned in the lobby.

 

Although the resident did not attend, his representation on pages 166 to 168 was considered.

 

In response to questions the following was noted;

 

·       The applicant confirmed acceptance of the conditions proposed by the Environmental Health Officer, if the application were granted.

·       That there would be security staff on site to help with dispersal when closing.

 

Concluding remarks were made by all parties.

 

Decision

 

The Sub-Committee noted the remaining concern of the police about noisy patrons leaving in high spirits. It was right to strike a balance between parties regarding an application, subject to the evidence. The Sub-Committee cannot engage in speculation. The premises had previously hosted events without any evidence of issues arising from noisy patrons leaving. People do not require alcohol to leave an event in high spirits. The issues relating to public safety and the protection of children from harm were addressed by the work having been undertaken. There was no evidence before the Sub-Committee that justified a a reduction in the hours sought. The Sub-Committee must be satisfied as to the likely effect of the grant of the application on the licensing objectives, not what is merely a possible impact. 

The Sub-Committee appreciated the Environmental Health Officer’s work with the applicant, and that the latter was content with the conditions which the Environmental Health Officer’s proposed at the meeting.

 

The Sub-Committee appreciated the resident’s concerns and was satisfied that these would be addressed by the imposition of conditions.

 

The Sub-Committee was concerned to reflect a balanced approach with regard to the legitimate aims of the business, and the legitimate concerns of the objectors. Members were satisfied on the balance of probabilities that whilst the objectors’ concerns were genuine, granting the licence as sought and with the imposition of conditions was appropriate and proportionate for the promotion of the licensing objectives.   

 

Therefore, the Sub-Committee decided to grant the application for the sale by retail of alcohol (on sales only) as follows: -

 

•         Monday to Wednesday from 11:00 hours to 23:00 hours

•         Thursday from 11:00 hours to 00:00 hours

•         Friday & Saturday from 11:00 hours to 01:00 hours

•         Sunday from 10:00 hours to 23:00 hours

 

and to allow regulated entertainment by way of recorded music indoors as follows: -

•         Thursday from 23:00 hours to 00:00 hours

•         Friday & Saturday from 23:00 hours to 01:00 hours

 

with the following 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 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.

 

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 able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

3. 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 visit by a relevant authority or emergency service.

 

4. 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.

 

5. 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.

 

6. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record must show the outcome of the person who was intoxicated. 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.

 

7. The premises shall have a welfare policy that will show how venue staff

will manage customers who become vulnerable through intoxication or drugs, such a policy will include but is not limited to the use of dedicated “welfare officers” at peak times who will be easily identifiable, to customers, their role will be to monitor the welfare of customers, including identifying any customers who may be at risk of becoming overly intoxicated and liaising with management/security staff to assist them where necessary, staff training on customer welfare such as “WAVE” and availability of free water to customers. The policy must be written, reviewed yearly, and made available to Police upon request.

 

8. The premises must have a detailed documented security plan that must include but is not limited to an ejections policy, search policy and queue management policy, this document must be made available to police upon request.

 

9. The premises shall have a written egress policy, that includes but is not limited to, a premises wind down plan (music turned down and lights turned up prior to closing time), and customer dispersal plan. The policy is to be made available to Police upon request.

 

10. The premises must risk assess all events taking place at the studio, this will include but is not limited to:

• Contacting venues where artists / performers / promoters have performed

to see if there have been any issues.

• Looking at social media sites of artists / performers / promoters etc to

check that they are consistent with booking details

• Identifying risks such as potential drug use, underage attendees, violence

and disorder.

Once potential risks have been identified then mitigation measures must be put in place and documented. The risk assessments must be written down, kept for 1 year and made available to Police upon request.

 

11. A comprehensive health and safety risk assessment will be in place.

 

12. A First Aid Kit will be available.

 

13. Loudspeakers shall not be located in the entrance lobby, or in the

external area of the premises.

 

14. 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 & egress of persons.

 

15. The external area shall not be used after 22:30 hours, except for patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, and shall be limited to 10 persons at any one time.

 

16. No noise shall emanate from the premises nor vibration be transmitted

through the structure of the premises, which gives rise to a public nuisance.

 

17. Children under the age of 16 will not be allowed on the premises unless

they are accompanied by someone 18 or over.

 

18. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational 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 limiter device.