Agenda item

In the matter of the application for a new Premises Licence, the Committee has considered the relevant representations made.

 

The Committee has made the following determination:

 

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for a new Premises Licence, was GRANTED subject to the following conditions:

 

1.    Use of Outside Areas

All licensable activities (including amplified music) in outdoor areas shall cease at 22:00hrs Sunday to Thursday and 23:00hrs Friday and Saturday.

 

2.    Public Safety

The licence holder shall determine the occupant capacity of the premises on the basis of documented risk assessment(s).

(a)  The risk assessment(s) must take into account all relevant factors including space, audience density, means of access and egress, toilet provision, load-bearing capacity of floors, ventilation, etc. and must be reviewed regularly, and if circumstances change.

(b) Where necessary separate occupancy levels must be set for different parts of the premises and, when necessary, for different premises layouts and different types of events.

(c) Measures must be put in place and documented to ensure that the capacity is not exceeded at any time.

(d) All documentation pertaining to the proposed figure must be kept on the premises and must be available immediately on request to any authorised officer.

(e) The premises licence holder shall regularly review, update and amend any risk assessments particularly following any changes to the layout or operation of the venue. Such reviews etc. shall be fully documented and form an integral part of the risk assessment.

(f) The occupancy shall be restricted to the number of persons identified within the Risk Assessment(s) for the premises. In the event of a change to the layout risk assessment (and therefore the occupancy limit), the license holder will notify the Fire Safety Authority and Licensing Authority prior to commencement of licensable activities. The occupancy figure includes staff, performers and public.

 

3.    CCTV

The premises shall install and maintain a comprehensive CCTV system. 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. Recordings shall be made available upon the request of Police or authorized officer throughout the preceding 31-day period, such copies shall in any event be provided within forty-eight (48) hours.

                                                                          

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 to the public. This staff member must be able to show a Police or authorized council officer recent data or footage with the absolute minimum of delay when requested.

 

There shall be signs displayed at the entrance to the customer area to advise that CCTV is in operation.

 

Should the CCTV become non-functional this will be reported as soon as reasonably practicable to the Licensing Authority, and in any case within 1 working day.

 

4.    Door Supervisors

Door supervisors shall be provided at the premises to a ratio of 1:75 patrons. The premises licence holder shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

(a) Full name;

(b) SIA Certificate number and or badge number, or registration number of any accreditation scheme approved by the SIA;

(c) The time they began their duty; and

(d) The time they completed their duty.

 

This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer of the Licensing Authority or a police officer to establish the particulars of all door stewards engaged at the premises during the period of not less than 28 days prior to the request and shall be open to inspection by authorised officers of the Licensing Authority or the Police upon request.

 

The premises licence holder shall ensure that all door supervisors on duty at the premises wear a current identification badge, issued by the Security Industry Authority (SIA) or under any accreditation scheme recognised by the SIA, in a conspicuous position to the front of their upper body, or displayed within an armband.

 

5.    Incident Report Register

An incident log shall be kept at the premises, and made available on request to an authorised Local Authority or Police Officer, which will record the following:

a)         All crimes reported to the venue

b)         All ejections of patrons

c)         Any complaints received

d)         Any incidents of disorder

e)         All seizure of drugs or offensive weapons

f)          Any faults in the CCTV system, searching or scanning equipment

g)         Any refusal of the sale of alcohol

h)        Any visit by a relevant authority or emergency service

 

6.    Glass Bottles and/or Glass Drink Containers

The License Holder shall ensure that any glass bottles or glass drink containers are removed from persons leaving the premises.

 

7.    Signage

A clear notice shall be displayed at every exit from the premises instructing customers to respect the needs of local residents and leave the premises and the area quietly.

 

8.    Litter/Waste

The licence holder shall ensure that adequate measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises. In particular, where necessary, the premises licence holder shall ensure that adequate measures are in place to provide customers with sufficient receptacles for depositing waste materials such as food wrappings, drinks containers, smoking related litter, etc.

 

 

 

9.    Policies and Plans

The licence holder shall prepare and make available for inspection at least 10 working days prior to the commencement of licensable activities -

(a) A Traffic Management Plan and Crowd Control & Stewarding arrangements for customers arriving and departing the venue;

(b) Suitable and Sufficient Event Specific Risk Assessments;

(c) Search, Drugs and Alcohol Policy;

(d) Medical and First Aid Provision; and

(e) Emergency Procedure.

 

10.Safety Checklist and Details of Pyrotechnics/Special Effects

For each event a pre-opening safety checklist shall be completed and made available for inspection.

 

Details of any pyrotechnics or special effects shall forwarded to the Licensing authority at least 10 working days prior to licensable activities taking place.

 

11.Challenge 25

A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of identification are (recognized photographic identification cards, such as a driving license or passport / Holographical marked PASS scheme identification cards) appropriate signage must be displayed

 

12. At any events specifically for persons under 18 years of age (where minors are not accompanied by an adult over 18 years), alcohol will not be served for the duration of the event.

 

13.Noise Management Plan and Noise Levels

The applicant shall provide a Noise Management Plan for each event/production 10 working days prior to its commencement setting out the steps they will take to minimise noise and disturbance.

The Noise Management Plan will include a procedure for receiving complaints and taking action to investigate them, where necessary, to achieve the limits set out in any condition(s). This will include publicity of a contact number for the public to make complaints

 

Noise from each event/production shall not exceed 65dB (Laeq) over a 15 minute period at 1m from the façade of the agreed nearest noise sensitive premises (“NSP”). This level will be monitored by a designated qualified noise consultant .

 

The designated noise consultant –

(a) Must be competent and suitably qualified to monitor noise;

(b) Have the authority to control sound levels to ensure compliance with any noise conditions;

(c) Store noise monitoring records for inspection purposes.

 

The Noise Consultant must be able to provide authorised officers with an up-to-date calibration certificate for all noise meters used according to BS7580: 1997 at all events. Sound level meters must achieve a minimum specification of a Type 2 grade instrument according to BS EN 60651: 1994.

 

14.Dispersal

SIA security staff and/or stewards to monitor and remind patrons, when necessary, to leave the site quietly.

 

15.Deliveries

Vehicle deliveries to the site will be restricted to between 07:00 hours and 22:00 hours, unless otherwise agreed and approved in writing by the Licensing Authority.

 

16.Setting Up/Taking Down

Any setting up/taking down on site will be restricted to the core hours* unless agreed and approved in writing by the Licensing Authority.

Core Hours are:

Monday to Friday: 8.00am to 6.00pm

Saturday: 8.00am to 1.00pm

 

Where such works are deemed to be “quiet works” (i.e. those which are not audible at the perimeter of the site boundary), then 24-hour working will be permitted.

 

17.Bottling Out

Bottling out will be restricted to the core hours*.

 

*Core Hours are:

Monday to Friday: 8.00am to 6.00pm

Saturday: 8.00am to 1.00pm

 

18.Fireworks

Fireworks use on site after 22:00 hours shall be restricted to a maximum of 15 minutes for up to 5 events in a calendar year.

 

19.Use of Lights

The premises licence holder shall ensure that any lights used on site do not cause a nuisance to local residents.

 

20.Safer London Business Partnership

The premises shall join the Safer London Business network Ltd approved by the police, and local radio scheme if available, no less than 30 days before the first event takes place.

 

21.Drugs

A zero tolerance to illegal drugs shall be operated. Any person found in possession of illegal drugs, or who is witnessed offering illegal drugs or asking others for illegal drugs, will be ejected (or refused entry) and permanently banned from future entry to the premises.

Anti-drugs notices will be placed around the premises at visible areas, including toilets, behind bars and entrances / exit points.

 

 

In coming to a determination the Committee considered the following matters;

 

1.    The Committee considered representations made by the residents. It was stated that there had been a lack of consultation. A resident stated that they did not know about the application, they had not received any information from the applicant and she considered that they should have been more active with regard to contacting residents.

 

2.    The local resident said that 1500 patrons would be attending events and residents would suffer noise nuisance that would be created by this number of people. Residents’ privacy would be threatened and their sleep affected and she believes that their homes would also become part of the spectacle.

 

3.   The Committee also noted that the proposed access roads to the site are narrow, in need of repair, there are no zebra crossings and the area is not appropriate for hundreds of people to use on a regular basis. It was suggested that parking would cause congestion in such a small area.

 

4.   Members of the Committee considered the representations made by the applicant. A detailed event management plan, risk assessment proposals and promotional videos were presented to the Committee.

 

5.   The Committee noted that consultation had taken place with residents, councillors and council officers. 3000 leaflets had been delivered to residents in the surrounding area. Any queries had been dealt with by staff during a meeting with residents and on an individual basis. Policy documents demonstrated the applicant’s level of commitment to the success of the events.

 

6.   The Committee noted that although transport of patrons to and from the premises is still being considered, security and front of house staff would be lining the roads surrounding the premises. Following negotiation with external providers, the route to and from the premises that avoided most of the residential areas, would be chosen. Patrons would be escorted from local transport systems and very few cars were expected in local areas.

 

7.   The Committee noted that all conditions had been accepted by the applicant and a phone number would be available for residents if they have any complaints about the events.

 

8.    The Committee noted that the premises is not in a Cumulative Impact Zone, the secret events had been  held successfully in other London boroughs and a relevant representation had not been made by any of the responsible authorities. The Committee could not refuse the application on presumption.

 

9.   The Committee considered that granting the application would promote the four licensing objectives.

 

 

 

3.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Spall to introduce the application.

 

            Licensing Officer   

 

3.2      Ms Spall said that members were being asked to consider an application for a new premises licence sought by Secret Cinema, Unit 15 Convoys Wharf, Princes Street SE8 3JH. Objections had been received from 9 residents who live in close proximity to the premises. The objection is sought on the grounds of perceived public nuisance, crime and disorder, and public safety. Ms Spall then introduced the applicant and objectors who would be addressing the Committee.

 

            Applicant

 

3.3      Mr Grant addressed the Committee on behalf of the applicant. He said that the event his client would like to produce is extraordinary. It is an immersive experience of theatre and cinema. Patrons become part of the show; they dress up as characters according to the information given and the venue is unknown until shortly before the event. Patrons are told to meet at a transport hub and the reason why so few people take their cars. There will be no parking in the area, only 3 spaces disabled spaces for the entire event.

 

3.4      These events have been held for ten years in a number of London boroughs including Newham, Southwark and Hounslow and there has been universal praise because organisers have done exactly what they said they would do. For example, after nearly two years at Canning Town, the Deputy Mayor of London is on record as being full of praise for the events. At the time there were 50 objections to the application all with similar concerns to Lewisham’s local residents.

 

3.5      A promotional video of the event was then shown to members of the Committee.

 

3.6      Mr Grant said that the video showed a glimpse of all that the company has to offer and they would like to bring it to Convoys Wharf which is a large, unused industrial site, earmarked for a substantial development in 3 years time. The application is only for a certain period of time and will not be a permanent event. This does not mean that his clients are complacent to the impact on residents. A lot of the policy documents circulated to members before the meeting, outline the level of detail that his clients have gone into in the past, and will continue if the application is granted, in order to minimise the impact on local residents.

 

3.7      Mr Grant said that he cannot promise that residents will not hear any noise, they will; but his client believes that it will not amount to a nuisance or inconvenience and the benefits outweigh the negatives. Despite concerns that have been expressed during applications within other boroughs, they have not come to fruition.

 

3.8      Mr Grant referred to the bundles that had been circulated before the meeting. The open papers had been sent to all parties including members of the public who had made a representation. The closed paper had only been sent to members of the Committee because they included details of the route to and from the site and has implications for security if details of dispersal are in the public domain.

 

3.9      Kelly Large then joined the meeting.

 

3.10    Mr Grant summarised tab 1. He drew members’ attention to page 25 and three quotes from responsible authorities. He said that he hoped that it proved that his client carries out everything promised with minimum disruption to residents. It is not luck that few complaints have been received. After two years of events in Newham, it was noted by the licensing officers that despite the fact that they held a large event, there were less complaints from residents than any other licensed premises in the borough. Events are well planned and there is full engagement with local residents. Any issues can be dealt with in real time. There will be a phone number residents can use if noise is too loud. In addition, a post mortem after an event could be held with residents if requested. There have been a number of objections from residents with regard to previous applications in other boroughs but none of the fears came to fruition and he expected the outcome of this application to be the same.

 

3.11    Mr Grant said that his client has engaged with all the responsible authorities and a number of conditions were recommended. All of these conditions were agreed and as a result none of the responsible authorities objected to the application. He drew members’ attention to the conditions to be included on the licence. They ensure that there is a balance between addressing rights of local residents not to be disturbed in their homes, the commercial interest of the applicant and thousands of patrons who will attend these events. Mr Grant presented each condition.

 

3.12    Patrons are generally well behaved. They are not large groups of people who want to get drunk and make noise, they are people who enjoy going to the theatre and cinema and they do not tend to stay out very late. The age range expected at these events is between 26 – 35 years.

 

3.13    Dispersal – Patrons will be guided to and from the premises in a quiet, staggered, controlled way back to the transport hubs. There are discussions with Thames clipper regarding the use of ferrying patrons to stations. Mr Grant said that there are further discussions with his client with regard to investing in the rebuilding the pontoon. The route chosen to ferry people to and from events will avoid noise sensitive areas; stewards will direct people away from these areas.  

 

3.14    Mr Grant referred to policies and plans. He said that these are important because it is not possible to predict every eventuality so there will be previews for every event to which residents will be invited. It has already been agreed that 500 tickets will be issued to residents so that they can experience all that secret location has to offer. If a problem is identified changes will be made to ensure any negative impact on residents is reduced. The event management plan is not permanent because it will be adaptable for best practice. There are details in the maps and plans; members’ attention was drawn to page 27 of the bundle which shows where security staff and stewards will be standing. If any changes need to be made, there will be full engagement with residents.

 

3.15    Mr Grant said that his client understands that residents have concerns about the application. They have met with two ward councillors who do not have any concerns about the application and have not made an objection. However, nine residents have made objections in identical terms but to provide context 3000 letters were sent to local residents by the applicant and 9 objections received as a result which equates to 0.3% of local residents. In addition there has been positive feedback from local residents on condition that there are controls in place.

 

3.16    Mr Grant highlighted another important condition; noise management. Acoustic levels will be set at the level recommended by Lewisham’s environmental health officers. In addition, a sound insulation box will be created which will be built within the façade of the structure at a cost in excess of £1.7m. Although not a licensing issue, the applicant has agreed that when this structure is taken down, this will take place within core hours to reduce the impact on residents.

 

3.17    In conclusion, Mr Grant said that the premises is not within a Cumulative Impact Zone. If the application is granted and residents experience noise nuisance, everyone has the right to apply to have the licence reviewed. He said that the hours applied for are important because it will cost £1.5m to activate the building and each production costs between £8m -£10m. This is a large investment and an incentive for his client to ensure that the events are a success and they will only be successful if they do not cause undue disturbance in the area.

 

3.18    Mr Grant said that one of the advantages to this application, is the community work that is undertaken by his client. They have a track record for engaging with young people and those who are looking to get into the job market; inspiring them and giving them the skills to seek employment. Two short videos were then played showing previous community engagement.

 

3.19    Councillor Millbank asked how many productions there would be in the timeframe of the licence and whether the workshops take place on site. Ms Morrell said that there would be two productions a year, fourteen weeks for each one Wednesday to Saturday. Ms Wilson said that workshops take place on their production stage without any cost to the community.

 

3.20    Councillor Howard asked how secret an event could be when people get to know where the events are taking place. Ms Morrell said that mobile phones are not allowed at the venue and the audience play their part of the narrative world that they are trying to create and do not want to spoil the experience for other people.

 

3.21    Councillor Howard said that the cost of tickets for the events is quite high. She asked how they intend to draw in customers on lower incomes. Ms Morrell said that they have a range of different prices and there would be some free tickets for local residents so that they can attend events.

 

3.22    Councillor Codd asked whether they have constructed the sound proofing method of creating a box within a box before and whether it was successful. Mr Brand said that they are working with consultants at the moment who are doing computer modelling and this should ensure that that they achieve the levels of sound that is acceptable.

 

            Representation

 

3.23    Ms Large asked how management would prevent patrons communicating the location to friends and family. She has seen on line discussion about possible parking at the event including local car parks that could be used. She was advised that patrons do post information on the web when they are excited about an event following the great night that they have had on one of the secret locations and this cannot be policed. Management try to make the journey part of the narrative. Traffic has not been a problem at any of the events that have been held because they want to participate in the adventure of the transport arrival. The advice they give patrons is to take public transport.

 

3.24    Ms Large was concerned that there is a car park in the block where she lives; anyone can park there and it is a minute walk from the venue. Ms Morrell said that management cannot steward the cark park. Patrons who purchase a ticket will be given directions to the venue and it will be directions to public transport when they will be met by front of house staff. Parking has not been an issue with previous events, if it becomes an issue with this venue then it will be addressed very quickly.

 

3.25    Councillor Codd asked whether management have contingency plans if there are problems with public transport on the evening that an event is being held. He was advised that the communications team monitor train and tube links, if there are any problems there will be contingency plans; everyone attending the event will be contacted.

 

3.26    Councillor Millbank asked how far discussions have got with the Clipper line. She was advised that both parties want it to happen; finance is now being considered and a meeting will be held within the next two weeks.

 

3.27    Ms Large said that she was speaking on behalf of the community that she lives in. She said that they are distrustful because community consultation has not been good. The applicant claims to have sent out 3000 letters but she does not know anyone who has seen one. There has been one consultation meeting, only 33 people attended from the 3000 letters distributed. She did not consider this to be engagement and had only become aware of the application because of a notice from the licensing team in the road. She discovered, through the web, that Ms Morrell was the contact and when she spoke to her she was very responsive. However, Ms Large discovered the information because she had been proactive. The idea that the community are stakeholders in the project she considered to be a falsity because it has not happened in Deptford.

 

3.28    Ms Large said that there is more concern about the noise of patrons than the event itself. 1500 excitable people cannot be sound proofed. The events will be 5 nights per week and will cause disruption for residents who live 50 metres from the venue. On the web site it is described as being similar to Glastonbury, which is a huge night club event, in an area which already has massive development and massive noise issues.

 

3.29    Although management will encourage people to use public transport, some will order Ubers or a taxi which will turn the surrounding roads into taxi ranks. It is a very residential area with lots of families, and people who work at night and they need their sleep and to enjoy their homes.1500 people walking around the area at night would be very threatening for residents; their homes would become part of the spectacle and privacy impinged upon.

 

3.30    Ms Large said that Leeway, Grove Park and Millard roads are very small. Pavements are not in a good condition and would not cope with the numbers of people walking down. There is no zebra crossing and could be dangerous for patrons and residents.

 

3.31    Ms Large said that residents would be more positive towards the application if there was an alternative route. Having the entrance at the pier would make more sense because it would be less disruptive for residents.

 

3.32    Councillor Millbank asked Ms Large how many residents she has spoken to about this application. Ms Large said that she has contacted about 30 people along Millard Road and Leeway; the areas that will be affected immediately and they share her concerns. She said that she had not seen the application until late and many people had been too late to make a formal representation.

 

3.33    Ms Wilson said that they did drop 3000 letters, they understand that not everyone reads letters but the 30 people who went to the residents’ meeting were from the area and particularly the roads that Ms Large mentioned so it would have been unusual if they had not seen the letter. The letter was sent out with several weeks notice. There were two consultation meetings one in the afternoon and one in the evening. Some residents had contacted her directly after the meeting and others when they saw the blue notices.

 

3.34    Ms Wilson said that Ms Large contacted her and they agreed to meet with the residents of Millard Road. Issues were discussed in detail; they were shown location plans, traffic management plans, so she believes that management have been transparent and that residents have been given the opportunity to speak to them in a public capacity and individually.

 

3.35    Mr Grant referred to the route to the venue. He said that there are two other options for an entrance. The possibility of using the pier is still in discussion with Thames Clipper and also the Prince Street entrance which management would like to use but cannot guarantee because the lease does not belong to them. There have been discussions with the leaseholder. Following all discussions, management will choose the exit/entrance that causes least disruption for the residents but can only choose those that are legally available to them.

 

3.36    Councillor Millbank asked whether previous venues have had residents around it. Mr Grant said that the event in Newham had residents in close proximity similar to this application.

 

3.37    Members of the Committee then withdrew to make their decision. When they           returned it was:

           

RESOLVED thatthe Premises Licence be granted including conditions as recommended.

 

3.38    Ms Spall said that any registered party and the applicant may appeal against this decision to the Magistrates Court within 21 days from the date of the decision letter which would be sent out within 5 days of the meeting.