Agenda item

The licensing officer presented their report and drew members’ attention to the fact that the public health representative had been unable to attend, but had sent a written submission reiterating her objections. The representation of the trading standards representative had been withdrawn. Members had no questions for the licensing officer.

The applicant and their legal representative addressed the sub-committee.  Members had questions for the applicant and their legal representative.

The licensing officer representing the council as a responsible authority addressed the sub-committee. Members had no questions for the licensing officer.

The Metropolitan Police Service representative addressed the sub-committee.  Members had questions for the police.

The health and safety officer addressed the sub-committee. Members had questions for the health and safety officer.

All parties were given five minutes for summing up.

The meeting adjourned at 15.03 for the sub-committee to consider its decision.

The meeting reconvened at 15.43 and the chair advised all parties of the decision.

RESOLVED:

That the application made by PC32 (Limited) for a premises licence to be granted under s.17 of the Licensing Act 2003 in respect of the premises known as Ormside Projects, Unit 32b And C, Penarth Centre, Ormside Street, London SE15 1TR be granted as follows:

Hours

Conditions

1.  That the capacity of the premises be 60 persons*.

2.  That the designated smoking area(s) for the premises is limited to the rear “Enclosed Barriers Smoking Area” only as delineated in green in the plan attached to this Notice of Decision and the communal area located at the front of the building.  Only one of these areas may be used at any one time.  The maximum number of smokers in this smoking area is limited to 5 at any one time.

3.  That no drinks are permitted in the outside area.

4.  A member of staff, marshal or SIA officer shall monitor the outside area. 

* The Licensing Sub-Committee originally granted this condition with a capacity limit for the premises of 200 persons subject to the approval of the fire service.  The London Fire Brigade determined (on 20 August 2019) that the capacity for the premises is 60 persons.

Reasons

The reasons for the decision are as follows:

The Licensing Sub-Committee heard from the representative for the applicant who explained that the premises operated as a cultural centre allowing for development and presentation of projects. It was a cultural hub, bringing together inter-disciplinary professionals promoting interdisciplinary practices, emerging talents and international collaborations. The premises had a dedication to live performances and time-based art.

The premises had previously operated under Temporary Event Notices (TENs), none of which were objected to nor were any complaints made.

In the course of discussions with the applicant, they agreed that they would amend their website recommending that arrival/departure to/from the premises should be by foot or public transport and removal of all single use plastic material.

The Licensing Sub-Committee heard from Licensing as a responsible authority whose representation was based on the prevention of crime and disorder and public nuisance licensing objections. These premises were situated within a residential areaand under Southwark’s Statement of Licensing Policy the closing times appropriate for public houses, wine bars or other drinking establishments and restaurants and cafes was 23:00 hours daily. Night clubs (with sui generis planning classification) were not considered appropriate for this area.  The applicant sought hours that exceed those in Southwark’s policy.  The applicant would have no control of patrons that have left the premises and the possible impact of any rowdy and anti-social behaviour or crime and disorder.

The Metropolitan Police Service objected to the application on the grounds of the crime and disorder licensing objective and the proposed closing times far exceeded those recommended in Southwark’s Statement of Licensing Policy. Prior to the applicant establishing himself at the premises, events that took place at the Penarth Centre resulted in serious disorder including shootings, stabbings and anti-social behaviour. The Metropolitan Police Service remain opposed to events taking place at the premises and granting a licence undermined the prevention of crime and disorder and the prevention of public nuisance licensing objectives.

The officer from Health and Safety objected to the application on the grounds of public safety and explained that whilst risk assessments had been produced, they were a work in progress. Numerous works remained outstanding at the premises and at present, the premises were in a poor state of repair and the site was not secure, being open day and night.

The Licensing Sub-Committee noted the representations from Public Health who were not in attendance at the meeting.

The licensing sub-committee also noted the representation from trading standards who had conciliated there concerns with the applicant.

The Licensing Sub-Committee considered the application carefully, it was aware of the historical incidents of serious violence and disorder that had occurred. However, these incidents had occurred some years ago and the cycle of behaviour appears to have been abated.  The premises is located on the first floor of the Penarth Centre.  The applicant asserted that the area is industrial.  Under Southwark’s Statement of Licensing Policy the premises are located in a residential area. The location has also been identified as an Opportunity Area and further significant housing development is imminent. The sub-committee were not convinced that it could deviate from the licensing policy’s area classification and as such, impose the 23:00 closing time.  Given that style of operation the applicant is proposing, the sub-committee are agreeable to extend this to 00:00 hours on Friday and Saturday.

The applicant also spoke of two smoking areas being set aside.  Whilst both areas may fall within the demise of the building, the sub-committee were not satisfied that the smoking area at the front of the premises on the ground floor can be sufficiently managed.  This was identified by the officer from Health and Safety. It is also considered at section 10 of the Statement of Licensing Policy on the prevention of public nuisance.  It is for this reason only smoking is limited to the rear “Enclosed Barriers Smoking Area”.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  The  licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.