That the
Council’s licensing sub-committee, having considered an
application made under Section 51 of the Licensing Act 2003 by
Southwark Council’s environmental protection team (EPT) for a
review of the premises licence issued in respect of the premises
known as Thai Silk, Railway Arches 94 To 95, Joan Street, London
SE1 8DD and also having had regard to all other relevant
representations has decided it necessary for the promotion of the
licensing objectives to:
Modify the times of
operation so they are in line with those granted under the planning
process:
That the licence
permits the following licensable activities during the hours
shown:
·
Films
Monday to Wednesday
9:00 – 23:00
Thursday 9:00 –
23:30
Friday and Saturday
9:00 - 00:00
Sunday 9:00 –
22:30
·
Live music
Monday to Wednesday
11:00 – 23:00
Thursday 11:00 –
23:30
Friday and Saturday
11:00 - 00:00
Sunday 11:00 –
22:30
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·
Recorded music
Monday to Wednesday
9:00 – 23:00
Thursday 9:00 –
23:30
Friday and Saturday
9:00 - 00:00
Sunday 9:00 –
22:30
·
Entertainment similar to live/recorded
music
Monday to Wednesday
9:00 – 23:00
Thursday 9:00 –
23:30
Friday and Saturday
9:00 – 00:00
Sunday 9:00 –
22:30
·
Performance of dance
Monday to Wednesday
11:00 – 23:00
Thursday 11:00 –
23:00
Friday and Saturday
11:00 - 23:00
Sunday 9:00 –
22:30
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·
Late night refreshment
Thursday 23:00 –
23:30
Friday and Saturday
23:00 - 00:00
·
Sale of alcohol (on & off premises)
Monday to Wednesday
9:00 – 23:00
Thursday 9:00
–23:30
Friday and Saturday
9:00 - 00:00
Sunday 9:00 –
22:30
·
Operating hours of the premises
Monday to Wednesday
9:00 – 23:30
Thursday 9:00 –
0:00
Friday and Saturday
9:00 - 00:30
Sunday 9:00 –
23:00
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Modify the conditions of the
licence by adding the following conditions:
- That a sound limiting
device shall be installed, set and maintained, to ensure the
maximum levels of volume and bass of music, song or speech from
regulated entertainment permitted by the amplification system, does
not cause a public nuisance in the vicinity of the premises or
intrude inside the nearest or most exposed noise sensitive
premises.
- That all audio and
musical equipment used in the premises, or brought into the
premises by third parties which is permitted under the Licensing
Act 2003, shall be played through the installed sound limiting
device.
- That during any
regulated entertainment on the premises, permitted under the
Licensing Act 2003, all doors, concertina doors and windows shall
remain closed (except for access or egress).
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- That any background
music played (for when concertina doors are open) shall remain at a
volume that permits normal conversation and that the volume control
of any music is behind the bar/counter and is in the full control
of staff at all times.
- That there will be no
patron access/egress to and from the premises via the use of the
rear door, except for patrons temporarily leaving to smoke and for
use in case of emergency. Where patrons access the premises from
the back, this shall be monitored by an SIA officer.
- That two SIA officer
be employed jointly with the adjacent licensed premises at Railway
Arch 96 and Railway Arch 94-95 Joan Street SE1 from Maundy Thursday
(being the Thursday before Easter) to the end of October, and from
1 December to the first Saturday in January, on Thursday, Friday
and Saturday nights, to monitor and control the behaviour and
dispersal of patrons leaving the premises between 20:00-00:30 on
Thursdays, and 20:00 – 01:00 on Friday and Saturday nights,
as well as from 20:00 to 30 minutes after closing on New
Year’s Eve.
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- That acoustic seals
and brushes and self-closers (in accordance with BS 6459 Pt. 1
1984) shall be installed to all doors so as to minimise sound
escape from the premises.
- That an acoustic
lobby of adequate dimensions and providing sufficient residence
time shall be installed to the front door entrance to arch 95 that
will be provided regulated entertainment to minimise sound escape from the premises,
ensuring that all doors open in the direction of escape in case of
emergency. This is to be installed by 1 May 2016.
- That a canopy
covering the outside smoking area be installed by 1 May
2016.
- That the premises shall be adequately ventilated
to allow doors and windows to remain closed during regulated
entertainment.
- That amplified music, song
or speech shall not be broadcast in external areas at any
time.
- That no external
areas of the premises, including the external frontage area, shall
be used for the purposes of regulated entertainment.
- That external waste
handling, collections, deliveries and the cleaning of external
areas shall only occur between the hours of 09:00 and
23:00.
- That there shall be
no movement of musical or amplification equipment to and from the
premises between the hours of 23:00 and 09:00
- That the use of the
external frontage area, except for smoking, shall cease at 22:00 at
which point all patrons will be instructed to move
indoors.
- That at 22:00, if not
already done so, the external terrace canopy shall be deployed to
cover the designated smoking area.
- That there shall be
no drinks permitted to be taken outside after 22:00. That clearly
legible signage will be prominently displayed at all patron exits,
where it can easily be seen and read, requesting to the effect that
patrons do not take drinks outside after 22:00.
- That there shall be
no drinks permitted to be taken beyond the boundary of external
frontage area at any time.
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- That after 22:00,
customers permitted to temporarily leave and then re-enter the
premises to smoke must be restricted to the external frontage area.
No more than 10 customers will be permitted to remain in this
designated smoking area at any one time.
- That clearly legible
signage will be prominently displayed at all patron exits, where it
can easily be seen and read, requesting that patrons leave the
premises in a quiet and orderly manner that is respectful to
neighbours.
- That a health and
safety assessment be undertaken to determine the safe number of
patrons allowed in the outside area at the back of the
premises.
- That clearly legible
signage will be prominently displayed in the external frontage
area, where it can easily be seen and read, requesting to the
effect that patrons are not permitted to take drinks off the
premises and into Isabella Street.
- That when regulated
entertainment is being provided the premises management shall carry
out regular checks to monitor the sound level at the closest noise
sensitive location(s) to the premises and shall ensure that the
sound level of the entertainment does not cause a public nuisance
in the vicinity of the premises at the/those location(s). A written
record of sound level checks shall be kept and shall contain
details of: the time, date and location of each check, the person
who undertook the check and any actions taken as a result of the
check. Each check shall be signed in the record by the person who
made the check. The monitoring record shall be kept at the premises
and made available to officers of the police or council on
request.
- That the premises
licence holder shall make available a telephone number for local
residents to contact management of the premises as and when
necessary.
- That a comprehensive
Dispersal Policy shall be produced and implemented at the premises,
with all staff trained on the most up to date policy. A record of
staff training on the Dispersal Policy shall be kept at the
premises and a copy of the policy and training records be made
available to the council or police on request.
- That
alcohol for consumption off the premises is not sold for immediate
consumption in the area around the premises and is supplied in
sealed containers that require a tool such as a bottle opener or
corkscrew to be opened.
- That
all licensable activity will cease 30 minutes before closing
times.
- That
the management of the premises meet quarterly with representatives
of residents and the environmental protection team to review the
operations of the premises.
In addition, members agreed
that following this review of the premises licence the suspension
of the conditions relating to the provision of live or recorded
music is lifted under section 177A(3) of the Licensing Act 2003 and
all the conditions imposed as a result of this review shall apply
under section 177A(4).
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Modify the conditions of the
licence by removing the following conditions:
- Condition 311 “That notices shall be displayed at all
doors to the premises requesting that customers leave the premises
in a quiet and orderly manner”.
- Condition 342 - That regular parameter checks around
the premises for noise escape or noisy patrons, and measures to be
taken when there is noise escape, or noisy patron.
- Condition 343 - That restriction shall be put on the
use of the outside area after 22:00 hours.
- Condition 344 - That the attendees of private parties and
functions are directed by a competent member of staff to the rear
entrance of the premises when leaving the event beyond the hour of
(00.00) 12 midnight.
- Condition 345 - That customers are asked or encouraged by
competent staff not to drink on the external parts of the
restaurant beyond 11pm on Thursday, Friday and Saturday
evenings.
- Condition 346 - That the licensee or agent prevent
localised nuisance that originated from the Thai Restaurant
premises.
- Condition 347 - The volume of music after 23:00 hours
will be reduced to a level that does not go beyond the
premises.
Reasons for the decision
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The reasons for this decision
are as follows:
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The licensing sub-committee
heard from the environmental protection officer, the applicant for
the review, who outlined that this review had been brought because
of the complaints made by residents regarding noise levels caused
by patrons and music emanating from the premises; the management of
patrons spilling out into Isabella Street; and the premises’
failure to respond to and implement advice from the environmental
protection team (EPT). Many of the amended conditions suggested by
the EPT had been conciliated prior to the meeting.
The licensing sub-committee
heard from the licensing officer representing the council as a
responsible authority that two door supervisors on Isabella Street
(shared with the premises occupying the neighbouring arches) were
needed to control the patrons leaving the premises. These should be
operating all year round on Thursday, Friday and Saturday nights.
He supported the conditions suggested by the EPT regarding the
restriction of times for live and recorded music, and restricting
the number of people allowed outside the premises at any time to
control the noise. He also supported the introduction of a
dispersal policy.
The licensing sub-committee
heard from the health and safety officer supporting the review, who
added that he would like to see measures implemented to decrease
noise pollution. He also suggested a risk assessment be carried out
to determine the safe occupation level of the outside
area.
The licensing sub-committee
heard from the public health authority representative supporting
the review and highlighting the detrimental effects constant noise
pollution may have on residents.
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The licensing sub-committee
heard from other persons supporting the review, who informed the
meeting that residents were exposed to constant noise levels of
sometimes more than 300 people congregating in Isabella Street - at
times from 5pm to 3am. There was also anti-social behaviour
especially when patrons left, as well as broken glass, discarded
bottles and rubbish strewn around the street and the wider area.
Normal outside restaurant use also created a lot of noise. The
residents asked for: SIA officers to be deployed in Isabella Street
on Thursday, Friday and Saturday nights; times for licensable
activities to be brought in line with those granted by the planning
authority; for noise lobbies to be installed; for no alcohol to be
served without food; and for no DJs to be playing. They suggested
that outside dining and drinking should cease at 22:00, and that
not more than 10 smokers should be permitted to be outside at the
front of the premises at any given time.
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The licensing sub-committee heard from the premises who
said that they were happy to comply with the conditions regarding
the sound lobby and the canopy, as well as the health and safety
survey to be conducted to establish the safe occupancy levels of
the outside area. They went on to say that the extra SIA officers
would only be needed in summer (July-September) and in December
from 18:30 to 00:30 on Thursdays and Fridays, as the cost of these
was substantial which they asked the sub-committee to take into
account.
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Whilst the licensing
sub-committee were pleased that the premises had largely
conciliated with the responsible authorities, the local residents
and ward councillor had serious concerns that public nuisance would
continue in the area. The review application was one of 3 that had
been brought by the EPT with 2 other neighbouring licensed premises
namely EVs and Jacks Bar and therefore, the sub-committee had to
consider very carefully the complaints as against Thai Silk in
addition to the wider cumulative impact that all 3-licenced
premises had on the local community. The licensing sub-committee
noted the hours detailed in the planning permission 03/AP/1032 that
were imposed to protect and safeguard the amenity of the nearby
residents from noise generation. The licensing sub-committee agreed
that these hours need to be reflected in the premises licence so
not to undermine the prevention of public nuisance licensing
objective. Furthermore, the licences to
all 3 of the premises need to be brought into line with one another
which would, address the local community’s
concerns.
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In reaching this decision the
sub-committee had regard to all the relevant considerations and the
four licensing objectives and felt that this decision was
appropriate and proportionate in order to address the licensing
objectives.
The meeting resumed at 3:20pm
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